Contents of resolution of exclusion when water supply insufficient for district lands

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48-3184. Contents of resolution of exclusion when water supply insufficient for district lands

A. The lands omitted from the list as finally approved by the board of supervisors shall from the date of final approval cease to be a part of the district, but if at the hearing the board of supervisors excludes from the district lands susceptible of irrigation from the original proposed works, or some reasonable modification thereof or extension thereto, which have been found irrigable by the board of supervisors at a former hearing under a general plan approved by the state certification board which was thereafter abandoned, and if exclusion is made on the ground that the water supply estimated to be available under the proposed plan is not sufficient to provide a reasonably adequate supply for all of the irrigable lands in the district, the board of supervisors shall expressly find in the resolution of exclusion the following:

1. That such lands are susceptible of irrigation from the proposed original works or some reasonable modification or extension thereof.

2. That such lands are legally within the boundaries of the district and have been found irrigable by the board of supervisors at a former hearing under a general plan approved by the state certification board and thereafter abandoned.

3. That such lands are excluded from the district for the reason that the water supply estimated to be available under the proposed plan is not sufficient to provide an adequate supply for all the irrigable lands in the district.

B. The resolution of exclusion shall state the acreage of and describe the lands excluded by legal subdivisions or parts thereof, or other sufficient description.


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