Arizona Laws 48-2605. Hearing on petition
A. At the time and place fixed for the hearing, or at the time and place to which the board of supervisors adjourns the hearing from time to time, not exceeding four weeks in all, and on the final hearing, the board shall make such changes in the proposed boundaries as deemed advisable, and shall define and establish the boundaries. The board shall not modify the boundaries in a manner that excludes from the proposed district any territory which is susceptible of drainage by the same general system of works applicable to the other lands in the proposed district, nor shall any lands which will not, in the judgment of the board, be benefited generally or specially by drainage by means of the system of works be included within the proposed district.
Terms Used In Arizona Laws 48-2605
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- same general system of works: means any system of drainage works, of whatever character, combination or construction and by whatever means operated, consisting of one or more connected or disconnected parts or portions, and having one or more outlets or other means of disposing of the water collected or controlled by the works. See Arizona Laws 48-2601
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. Any person whose lands are susceptible of drainage by the same general system of works may, upon application, in the discretion of the board, have his lands included within the proposed district.
C. Upon the hearing of the petition the board of supervisors shall determine whether or not the petition complies with the requirements of sections 48-2601 through 48-2604, and for that purpose shall hear all competent and relevant evidence and testimony offered in support or in opposition thereto. All decisions and determinations made at the hearing shall be entered upon the minutes of the board of supervisors. The minutes shall set forth and particularly describe the boundaries of the district as determined by the board of supervisors and the boundaries so determined and set forth in the minutes shall not be brought into question or set aside by any court except by appeal in the manner provided in section 48-2606.