48-2909. Hearing; determination of district boundaries
A. If at the time and place of hearing it appears that the petition conforms to the requirements of this article and that the notice of hearing the petition has been given as required by this article, the board shall proceed to hear the matters relating to the organization of the proposed district and shall proceed to define the boundaries and determine the lands to be included in the proposed district and act upon written applications filed for exclusion of lands therefrom, or inclusion of additional lands therein, made in accordance with this chapter. The hearing may be adjourned from time to time, but not to exceed three weeks.
B. After the hearing the board may by final order duly entered refuse or grant the request of the petitioners or any part thereof, and shall therein define and establish the boundaries of the proposed district, designate the lands to be included therein for district purposes and designate the name of the district. The board shall not modify the proposed boundaries described in the petition in such manner as will change the object of the petition, or exempt from the operation of this chapter any land within the boundaries proposed by the petition which is susceptible of irrigation by the same general system of water works proposed as applicable to other lands in the proposed district. Any land which will not in the judgment of the board be benefited by nor be susceptible of irrigation benefits from the proposed system, shall not be included in the district if the owner thereof makes written application at the hearing to exclude such land. In hearing the petition the board shall disregard any informality therein.
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