Oklahoma § 82-565.1 - Dissolution of conservancy districts

§ 82-565.1. Dissolution of conservancy districts

A conservancy district created under the provisions of the

Conservancy Act of Oklahoma may be dissolved by the district court

having jurisdiction of said district, upon an application for that

purpose filed by a majority of the members of the board of directors

of such district, or upon the petition of a majority of the

landowners in such district. Any such application shall be in

writing and shall set forth either that a plan for the improvements

for which the district was created has not been prepared and that

there is little likelihood that such a plan will be prepared within

the next three (3) years; or, that a plan has been prepared but no

assessments have been approved by the court and that a period of ten

(10) years has elapsed since approval of the plan and that there is

little likelihood that such assessment will be made against the

benefited land within the next three (3) years. Such application

shall further set forth that all indebtedness of said district has

been paid in full and that said district has no indebtedness

outstanding and that it will be in the best interests of all

landowners within said district to have the district dissolved. Said

application must be signed by a majority of the members of the board

of directors, or by a majority of the landowners within such

conservancy district. Said application shall be filed with the

clerk of the district court having jurisdiction of such district. If

the judge of the district court having jurisdiction of such district

is satisfied that the application is in conformance with the

provisions of this act, he shall order the clerk of said court to

give notice by publication, to be made of the pendency of the

application and of the time and place of the hearing thereon, and

said notice as provided herein shall be given in each county

affected by the district and the time of hearing shall not be less

than sixty (60) days from the date of the first publication. Any

owner of land in said district who desires to object to the

dissolution of said district shall, before the date set for the

application to be heard, file his objections and state the reasons

why such district should not be dissolved. Upon said hearing, if

the court finds from the evidence presented that the application has

been signed by a majority of the members of the Board of Directors

or by a majority of the landowners in said district and either that

a plan for the improvements for which the district was created has

not been prepared and that there is little likelihood that such a

Oklahoma Statutes - Title 82. Waters and Water Rights

plan will be prepared within the next three (3) years; or, that a

plan has been prepared but no assessments have been approved by the

court and that a period of ten (10) years has elapsed since approval

of the plan and that there is little likelihood that such assessment

will be made against the benefited land within the next three (3)

years, and if the court further finds that all indebtedness of said

district has been paid in full and that said district has no

indebtedness outstanding and that it will be in the best interests

of all landowners in the district to have the district dissolved,

the court shall declare said conservancy district dissolved. Within

thirty (30) days after the court has declared said district

dissolved, the clerk of said court shall transmit to the Secretary

of State, and the county clerk in each of the counties having lands

in said district, copies of the order of the court dissolving said

district.

Laws 1968, c. 337, § 1, emerg. eff. May 9, 1968; Laws 1976, c. 122,

§ 1, emerg. eff. May 18, 1976.