C153386 Appendixes to FS - Laserfiche WebLink

Home Browse Search

F- 201 Irrigation District Law of 1905 3741-103 determining whether such district shall be organized under the conditions of this article, and by such order shall submit the names of one or more persons from each of the three divisions of said district to be voted for as directors therein. For the purposes of said election, the board of county commissioners shall divide said district into three divisions as nearly equal in size as may be practicable and shall provide that a qualified elector of each of said three divisions shall be elected as a member of the board of directors of said district by the qualified electors of the whole district. (3) Each of said divisions shall constitute an election precinct and three judges shall be appointed for each of such precincts. one of whom shall act as clerk of said election. In the hearing of any such petition the board of county commissioners shall disregard any informality therein, and in case it denies the same or dismisses it for any reason on account of the provisions of this article not having been complied with. which are the only reasons upon which it shall have a right to refuse or dismiss the same. the board • shall state its reasons in writing therefor in detail. which shall be entered upon its record. In case these reasons are not well founded. upon proper application therefor. an order in the nature of mandamus shall issue out of the district court of said county. compelling the board to act in compliance with this article. which order shall be heard within twenty days from the date of its issuance. and which twenty days shall be excluded from the forty days given the board of county commissioners to act upon said petition. The officers of such district shall consist of three directors. a secretary. and a treasurer. Source: L. 05. p. 247. § 3: R. S. 08. § 3442: C. L. § 1962: CSA. C. 90. § 379: CRS 53. § 149-1-3: C.R.S. 1963. § 150-1-3. • Am. Jur. See 45 Am. Jur.2d. Irrigation. Wilder v. Board of Dirs. of S. Side Irrigation § § 58-60. Dist..55 Colo. 363. 135 P. 461 1 1913 i. C.J.S. See 94 C.J.S.. Waters. § § 319(1). As to exlcusion of land from district that is 319(2)• incapable of cultivation. See Nile Irrigation Law review. For article. "Legal Classifi- Dist. v. Gas Sec. Co.. 248 F. 861 (8th Cir. cation of Special District Corporate Forms in 1918) Colorado".see 45 Den. L.J.347(1968). This section affords opportunity to have land But the action of the board in excluding land • excluded from the district. Under the second may be reviewed. Under this section the exception of subsection (I) opportunity is action of the county commissioners in exclud- afforded those who desire to claim the ing lands. where there was an abuse of power exemption in section 3741-101. to appear but no fraud or bad faith. may be reviewed in before the board and have their lands a special proceeding by the board of directors excluded from the district upon proper show- of the irrigation district to determine the valid- ing. Wilder v. Board of Dirs. of S. Side Irri- ity of the organization and bond issue. Ahern gation Dist..55 Colo. 363. 135 P. 461 (1913). v. Board of Dirs. of High Line Irrigation But objection that lands will not be benefited Dist..39 Colo. 409.89 P. 963(19071. must be made at time of organization. The However,the action of the board in including • general rule under such irrigation statutes is land is res adjudicata. The inclusion by the that the objection that lands will not be bene- county commissioners of all the land in ques- fited by inclusion in an irrigation district must • tion in the original determination of the be made by landowners at the time the district boundaries of the district amounts to res is organized. when a hearing is afforded for adjudicata upon the question whether it could that purpose. or it will be waived. Nile Irri- be thus included. Yellow Jacket Irrigation gation Dist. v. Gas Sec. Co.. 248 F. 861 (8th Dist. v. Pleasant Valley Ranch Co.. 78 Colo. Cir. 1918). 543. 243 P. 635(1926). See Wilder v. Board of This construction renders section 3741-101 Dirs. of S. Side Irrigation Dist.. 55 Colo. 363. and this section harmonious and consistent. 135 P.461 (1913).