Oklahoma § 82-502 - Organization of districts - Petition - Notice

§ 82-502. Organization of districts - Petition - Notice

When in the opinion of the Conservation Commission of the State

of Oklahoma, the organization of irrigation, flood control,

reforestation and/or soil erosion prevention districts is necessary

and expedient to effect the purposes and intentions of House Bill

No. 84, of the Fifteenth Legislature and all laws to which said act

is cumulative, said Commission may perfect the organization of said

district or districts by filing with the court hereinafter

prescribed a petition alleging the necessity of said district,

describing with common certainty the area proposed to be included

therein and praying for an order of the court directing the

formation and organization thereof. Upon the filing of such

petition, without affidavit or further pleading, the clerk of such

court shall give notice to all persons interested in or affected by

the formation of any such district by publication once a week for

two successive weeks in a newspaper, published in the county seat of

each county in which any part of the proposed district is located.

Said notice shall run in the name of the State of Oklahoma, shall be

captioned "In the matter of the formation of the ....... conservancy

district" and shall be addressed "To all persons interested" in the

formation thereof; said notice shall recite the filing of such

petition and describe with common certainty the area proposed to be

included in such district and shall notify all persons interested or

affected by the organization of such district to appear in not less

than fifteen (15) days after the date of the first publication of

said notice and show cause, if any they have, why such district

should not be organized.

(a) In cases where all of said proposed district lies within

one county, the petition for the organization thereof shall be filed

with the district court of such county and where the proposed

district lies in more than one county, but within one judicial

district, such petition may be filed in either county of such

judicial district.

(b) In cases where the proposed conservancy district lies in

more than one judicial district, the petition for the formation

thereof shall be filed in the Supreme Court of the State of

Oklahoma. When such petition is filed in the Supreme Court of the

State of Oklahoma, the clerk shall docket the same as an original

action in such Court and the Supreme Court or any member thereof,

shall forthwith determine which district court of this state is more

conveniently near the center or middle of said proposed district and

can hear and determine said petition to the greatest convenience of

the people within said district, having in view the customary route

Oklahoma Statutes - Title 82. Waters and Water Rights

of travel; and shall thereupon refer and assign said petition and

proceeding to such district court and direct the hearing,

determination and control and administration of such proceeding as

an original action therein.

Laws 1935, p. 343, § 2 emerg. eff. April 26, 1935.