45-2202. Formation

A. An authority may be formed in any county with a population of more than ninety thousand persons and less than one hundred twenty thousand persons according to the most recent United States decennial census.

B. The members of the authority shall include municipal corporations in the county that:

1. Had contracts with the United States for the delivery of Colorado river water as of January 1, 1993.

2. Have adopted resolutions approving the formation of the authority as prescribed by subsection C, paragraph 1.

C. The authority shall be formed on the occurrence of the following events:

1. The adoption of resolutions approving the authority's formation by a majority of the municipal corporations in the county that had contracts with the United States for the delivery of Colorado river water as of January 1, 1993. A municipal corporation shall concurrently appoint the person who will represent the municipal corporation on the authority's board.

2. The transfer to the authority of the right to the delivery of eighteen thousand five hundred acre-feet per year of Colorado river water from a municipal corporation in the county where the authority is to be formed within seven hundred thirty days of the adoption of resolutions as prescribed by paragraph 1 of this subsection.

D. On full compliance with subsection C, the authority shall:

1. Notify the board of supervisors in the county in which the authority is formed of the authority's formation.

2. Publish a notice of the authority's formation once each week for two consecutive weeks in three newspapers of general circulation in the county in which the authority is formed.

3. Notify each authority member that the events prescribed by subsection C have occurred.

E. An authority member that in connection with the formation of the authority or after the formation of the authority transfers, or causes to be transferred, to the authority all or a portion of its contractual entitlement to the delivery of Colorado river water shall remain an authority member after the transfer.

F. By vote of the directors, the membership of the authority may be expanded to include municipal corporations in the county that obtain contracts for the delivery of Colorado river water from the United States after January 1, 1993.