Section 278.290

Title XVII AGRICULTURE AND ANIMALS

Chapter 278

Effective - 28 Aug 2001   

  278.290.  Disestablishment of watershed district, procedure. — 1.  After a watershed district has been organized for more than five years and that watershed district does not have any outstanding bonds, has not constructed or contracted to construct any works of improvement, nor incurred any continuing obligations for maintenance and operation of any works of improvement or if any works of improvement have been constructed, if there are no bonds outstanding, and an agency of the United States government or the state of Missouri or a county or municipal corporation of this state has made arrangements satisfactory to the Secretary of Agriculture and the state soil and water districts commission to assume responsibility for operating and maintaining such improvement, not less than fifty percent of the landowners of the watershed district may petition the governing body of the watershed district to call for and conduct a referendum upon the disestablishment of the watershed district.  If sixty-five percent of the landowners voting in referendum do vote in favor of the disestablishment of the watershed district, the watershed district board shall declare the watershed district to be disestablished; however, prior to any such declaration the watershed district board shall pay or make arrangements to pay any outstanding indebtedness.  The provisions of sections 278.190, 278.200 and 278.210 as to notice, qualification of voters and manner of holding the referendum in organizing a watershed district to the extent practicable shall apply to the referendum held pursuant to this section.

  2.  Following the entry in the official minutes of the board or boards of watershed district supervisors of the disestablishment of the watershed district, the watershed district supervisors shall certify this fact on a separate form, authentic copies of which shall be recorded with the recorder of deeds of each county in which any portion of the watershed district lies and with the state soil and water districts commission.

  3.  Whenever a watershed district is declared to be disestablished, the respective boards of supervisors of the soil and water conservation districts in which the watershed district was formed shall take charge of all property and funds of the watershed district.  After all property has been sold and the obligations of the watershed district are met, any remaining funds shall be turned over to the county commissions of the respective counties.

­­--------

(L. 1967 p. 376, A.L. 1969 S.B. 184, A.L. 2001 S.B. 462)