(1) Any owner of real property within the territory of the proposed water district may, at any time before the entry of the order establishing the district or before the entry of the order establishing an improvement project area including such real property, petition the court to exclude his property for agricultural irrigation water uses.
(2) To exclude the property from the district, the court must make the following determinations: The property is supplied by adequate agricultural irrigation water from surface sources or other sources; and
(3) The property is not and will not in the future be benefited by the improvements of the proposed water district.