C153386 Appendixes to FS

• Contract/PO #: C153386
• Contractor Name: San Luis Valley Irrigation District
• Contract Type: Loan
• Water District: 20
• County: Hinsdale
• Loan Projects - Doc Type: Feasibility Study

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197 Irrigation District Law of 1905 37-41-101
ities of water users' associations organized for cooperation with the United
States under the provisions of the act of congress approved June 17. 1902
(32 Stat., 388), and acts amendatory thereof, in case a majority of the lands
of each association shall be within such district, subject to the provisions
that the shareholders of such association, by vote as provided by their articles
of incorporation and bylaws. shall assent and agree that such assets and liabil-
ities be so taken over. Entrymen upon public lands of the United States
within the proposed district boundaries shall be deemed to be the owners
of lands within the district for the purpose of becoming petitioners for the
organization of such irrigation district and shall share all the privileges and
obligations of private landowners within the district.
(4) All contracts between irrigation districts and the United States shall
be recorded in the office of the clerk and recorder of the county in which
the office of the irrigation district is located: except that where the district
is located in more than one county said contract shall be recorded with the
clerk and recorder of each county in which the district or any part thereof
is located.
Source: L. 05, p. 246, § 1: R. S. 08, § 3440: L. 21. p. 495. § 1: C. L.
§ 1960: CSA. C. 90, § 377: CRS 53, § 149-1-1: C.R.S. 1963, § 150-1-1.
I. General Consideration.
II. Organization. Nature. and Powers of lands of the state and making them highly
Districts. productive by the process of irrigation.
III. Land Irrigated Prior to Article. Anderson v. Grand Valley Irrigation Dist.. 35
I.GENERAL CONSIDERATION. Colo. 525. 85 P. 313 (19061. See Holbrook
Irrigation Dist. v. Adcock. 12'Colo. 192. 255
Am. Jur. See 45 Am. Jur.2d. Irrigation. P.2d 384 (1953). Norris v. Montezuma Valley
§ § 56-58. '0. Irrigation Dist.. 240 F. 825 (D. Colo. 19161:
C.J.S.See 94 C.J.S..Waters.§ 319(11. People ex rel. Shaklee v. Milan.89 Colo. 556.
Law reviews. For article. "Rights and 5 P.2d 249(1931).
Remedies of Irrigation District Bondholders". And it does not deprive landowners of their
see 20 Dicta 137 (1943). For article. "When property without due process of law.Anderson
Corporate Stock Becomes Real Estate", see v. Grand Valley Irrigation Dist..35 Colo. 525.
21 Dicta 53 (1944). For article. "Irrigation 85 P. 313(1906).
Confirmation Proceedings". see 21 Dicta 140 This act, like other similar statutes, should
(19441. For article. "Some Elements of be given a reasonable construction, bearing in
Colorado Water Law", see 22 Rocky Mt. L. mind that statutes imposing special taxes or
Rev. 343 (1950). For article, "Legal Prob- burdens are strictly construed. and.in case of
Iems in City Water Supply", see 22 Rocky doubt, in favor of the taxpayer. Ahern v.
Mt. L.Rev.356(1950).For article,"Seepage Board of Dirs. of High Line Irrigation Dist..
Rights in Foreign Waters",see 22 Rocky Mt. 39 Colo. 409, 89 P. 963 (1931). See People v.
L. Rev.407(1950). For article, "Legal Clas- Koenig. 37 Colo. 283, 85 P. 1129. 11 Ann.
sification of Special District Corporate Cas. 140(1906).
Forms in Colorado", see 45 Den. L. J. 347 II.ORGANIZATION,NATURE.AND
(1968). POWERS OF DISTRICTS.
As to this section being constitutional. See
Anderson v. Grand Valley Irrigation Dist.. 35 Irrigation districts have been judicially
Colo. 525.85 P. 313(19061.Ahern v. Board of declared to be public corporations. McCord
Dirs. of High Line Irrigation Dist., 39 Colo. Mercantile Co. v. McIntyre. 25 Colo. App.
409. 89 P. 963 (1931): In re Green City Irri- 276. 138 P. 59(1914). See Anderson v. Grand
gallon Dist.. 91 Colo. 202. 13 P.2d 1113 Valley Irrigation Dist..35 Colo. 525.85 P. 313
11932). (1906): People ex rel. Weisbrod v, Lockard.
The object of this act, as even a casual 26 Colo. App. 439. 143 P. 273 (1914): Kiles v.
reading shows, is compulsorily to provide Trinchera Irrigation Dist.. 136 F. 2d 894(10th
means, at the expense of those landowners Cir. 1943).
within the proposed district primarily bene- And quo warranto will lie to test the validity
fited. for bringing into cultivation the arid of organization.The assertion of the right.and
I