Oklahoma § 82-1278 - Dissolution of district

§ 82-1278. Dissolution of district

A regional water district may be dissolved by the district court

for the county in which fifty percent (50%) or more of the real

property of the district is located upon application for that

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

of such district. The application or petition shall be in writing

and shall set forth either that the purpose or purposes for which

the district was created have not been achieved and that there is

little likelihood that such purpose or purposes will be achieved

within the next three (3) years, or that no plan for achieving the

purpose or purposes has been prepared and that there is little

likelihood that such a plan will be prepared within the next three

(3) years, or both, and request a hearing on such application or

petition be set. The application must be signed by a majority of

members of the board of directors. Said application or petition

shall be filed with the clerk of the district court.

Oklahoma Statutes - Title 82. Waters and Water Rights

If the judge of the district court is satisfied that the

application or petition conforms to the provisions of this section,

he shall order the clerk of said court to give notice by publication

of the pendency of the application or petition, setting the time and

place of the hearing thereon. Said notice shall be given in each

county affected by the district. The time of hearing shall not be

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

Any person affected by the proposed dissolution of 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 and that the purpose or purposes

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

there is little likelihood that such purpose or purposes will be

achieved within the next three (3) years, or that no plan for

achieving the purpose or purposes has been prepared and that there

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

next three (3) years, or both, the court shall enter an order

directing said district to be dissolved and its lands or other

property released.

Upon such order, the directors shall immediately notify all

persons having claims against the district of such action and shall

adjust, settle, and pay all claims, and dispose of all property of

the district.

After all the property of the district has been disposed of and

all of its obligations have been paid, the directors of the district

shall file an affidavit with the clerk of the district court. The

affidavit shall state that the district has disposed of its

property, has paid all of its obligations and shall describe the

lands or property to be released from the district. The court shall

then declare said district dissolved and its lands and property

released.

The board of directors of the district shall then file a

certificate of dissolution in the office of the county clerk of each

county in which the district is located. The certificate shall

state that the district has disposed of its property, has paid all

of its obligations, has been dissolved and shall describe the lands

or other property released from the district.

Added by Laws 1972, c. 249, § 13. Amended by Laws 1985, c. 353, §

16, eff. July 30, 1985.