OPINION NUMBER - 011

ADOPTED - 1978/03/09

SUBJECT - Statement of Financial Interests- Directors Reclamation Districts

REQUESTED BY: Cyril P. Shaughnessy, Attorney for the Loup Basin Reclamation District, the Twin Loups Reclamation District, and the Cedar Valley Reclamation District.

QUESTION: Are the directors of the foregoing reclamation districts required to file Statements of Financial Interests pursuant to the provisions of section 49-1493, R.S.Supp., 1976?

CONCLUSION: No.

ANALYSIS

Said reclamation districts were organized under the provisions of Chapter 46, Article 5, R.R.S., 1943, and not under Chapter 70 and thus are not included under the provisions of subdivision (6) of section 49-1493 pertaining to members of the board of directors or an officer of a district organized under the provisions ofChapter 70. See NADC Advisory Opinion No. 4 pertaining to the Frenchman-Cambridge Irrigation District Directors and Baum v. County of Scotts Bluff, 172 NEB. 225, 109 N.W.2d 295(1961).

As far as subsection (7) of section 49-1493 is concerned, a reclamation business as a regulatory agency but directly engages in its business. And, a reclamation district is a public corporation and a potential subdivision of the state and not a board or commission of the state or any county. Sections 46-501 et. seq., R.R.S., 1943.