48-3475. Service charges payable other than by taxation

A. The board of trustees, at the time of making the annual estimate of expenses, shall estimate the amount of district expenses for a like period not to be paid from taxes. The estimate shall be based on subsisting contracts for furnishing or distributing water, costs of similar items in previous years and other available information, and the board shall fix a service charge, as uniformly distributed according to acreage as is practicable, over the parcels of land which the board anticipates will actually demand and receive irrigation service during the period, allowing a reasonable margin of not less than fifteen per cent for unforeseen contingencies and inaccuracy of estimate. The board may adopt a sliding scale of rates according to the cost of serving different sized parcels, as it deems equitable. If the operation of the district's irrigation system is provided for by contract with any individual, organization or irrigation project, the board of trustees shall fix the service charges in conformity with the terms of the contract.

B. If, in the discretion of the board of trustees, it is necessary to measure the water actually delivered to the parcels of property receiving irrigation water delivery service to determine the service charge, the board of trustees at the time of making the annual estimate of expenses shall estimate all expenses as provided in subsection A and estimate the total expected water use. The board may fix the service charge per unit measure of water, allowing a reasonable margin of not less than fifteen per cent for unforeseen contingencies and inaccuracy of estimate. The service charge for water actually used may be assessed directly by the board at periodic intervals, not to exceed twelve per year, against the parcels of land actually receiving irrigation service.

C. Rates for water service to district lands shall not be subject to regulation by the corporation commission.