2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-545. Hearing on petition - Objections - Declaration of organization - Corporate powers - Appeal - Decree as final order.

Any owner of real property in said proposed district who wishes to object to the organization and incorporation of said district shall, on or before the date set for the cause to be heard, file, by attorney or in person, his objections why such district should not be organized and incorporated. Such objections shall be heard by the court as an advance case without unnecessary delay. Upon the said hearing if it shall appear that the purpose of this act would be subserved by the creation of the conservancy district, and that fifty-one percent (51%) or more of the landowners and number of acres of land within the proposed district have filed written petitions requesting formation of said district, and that by the date of said hearing fifty-one percent (51%) of the number of owners and acres of land in the proposed district have not filed written protest against the formation of the district, the court shall after hearing all evidence and objections, as justice and equity require, by its findings, duly entered of record, adjudicate all questions, and declare the district organized and give it a corporate name, as "Conservancy District No. ______ of the State of Oklahoma," by which in all proceedings it shall thereafter be known. The district shall be a body corporate with all the powers of a corporation, shall have perpetual existence, with power to sue and be sued to the same extent as an individual in like cases, to incur debts, liabilities and obligations; to exercise the right of eminent domain and of taxation and assessment as herein provided; to issue bonds and to do and perform all acts as herein expressly authorized and all acts necessary and proper for the carrying out of the purpose for which the district was created, and for executing the powers with which it is invested. In such decree the court shall designate the general description of the outline of said district substantially as set out in petition and designate the place where the office or principal place of business of the district shall be located, which shall be within the corporate limits of the district, if practicable, and if not practicable, within one of the counties affected by the districts and which may be changed by order of court from time to time. The regular meetings of the board of directors shall be held at such office or place of business but for cause may be adjourned to any other convenient place. The official records and files of the district shall be kept at the office so established. If the court finds that the property set out in said petition should not be incorporated into a district, it shall dismiss said proceedings and adjudge the costs against the signers of the petition in the proportion of the interest represented by them. Any petitioner may within sixty (60) days after the refusal, appeal from an order refusing to establish or establishing such district, to the Supreme Court of the State of Oklahoma, upon giving bond in a sum to be fixed by the Court. After an order is entered establishing the district, such order shall, unless appeal be taken within ninety (90) days, be deemed final and binding upon the real property within the district, and shall finally and conclusively establish the regular organization of the said district, except as to jurisdictional questions, against all persons, except the State of Oklahoma upon suit commenced by the Attorney General. Any such suit by the Attorney General must be commenced within thirty (30) days after said decree declaring such district organized as herein provided, and not otherwise. The organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding except as herein expressly authorized, except as to jurisdictional questions.
Laws 1923-24, c. 139, p. 165, § 7; Laws 1927, c. 70, p. 94, § 7; Laws 1955, p. 471, § 2; Laws 1963, c. 271, § 4, emerg. eff. June 13, 1963.