§ 3342. Organization and operation-Establishment of consolidated water district

(a) When a majority of the voters of each town of a proposed consolidated water district present and voting in each case by Australian ballot at a town meeting duly warned for that purpose for the same day and during the same hours that shall be at least eight consecutive hours shall vote to join with one or more neighboring towns as specified in the warning for the purpose of forming a consolidated water district as herein provided, such vote shall thereupon be certified by the clerk of each town to the Secretary of State; and when all towns proposed as members of the consolidated water district as specified in such vote shall have so affirmatively voted and the results thereon shall have been certified to the Secretary of State, the Secretary of State shall thereupon file the same in his or her office and shall send a written notice to the clerk of each town to be included in the consolidated water district that the requirements of this section have been met by each town in the said district. Upon the filing of such records in the Office of the Secretary of State, such consolidated water district shall become a body politic and corporate with the powers incident to a public corporation and such records shall be notice to all parties of the establishment of such consolidated water district with all the powers incident to such a district as provided under this section; and such filing shall be prima facie evidence that the requirements for the creation of a consolidated water district as set forth in this section have been fully complied with. A consolidated water district may sue and be sued and may hold and convey real estate and personal estate for the use of the district and shall have and may exercise the powers and be subject to the duties and obligations of a municipal corporation provided for in chapter 89 of this title so far as the same may be applicable and except as otherwise provided in this chapter.

(b) A consolidated water district may enter into agreements with the State or federal governments or any agency of either or any corporation, commission, or board authorized by the State or federal government to grant or loan money to or otherwise assist in the financing of projects such as a consolidated water district is authorized to carry out, and to accept grants and borrow money from any such agency, corporation, commission, or board, as may be necessary or desirable to carry out the purposes of this chapter.

(c) The district shall have the right of eminent domain as set forth in sections 3301, 3302, 3303, and 3304 of this title within the district.

(d) If a town in its entirety votes to enter a consolidated water district and is accepted by the district, no village or municipal subdivision thereof may be a member concurrently. If a town either takes no vote, is not accepted, or declines to be a member of the district, any municipal subdivision thereof, including a village or fire district, may be considered under the language of this statute as a "town" and may become a member. If a subdivision is a member of a consolidated water district and the entire town later votes to join the district, the town shall replace its municipal subdivisions in the district. (1964, No. 20 (Sp. Sess.), § 2, eff. March 10, 1964; amended 1967, No. 209, § 2, eff. April 17, 1967.)