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C153386 Appendixes to FS
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C153386 Appendixes to FS
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Last modified
3/27/2014 11:45:39 AM
Creation date
2/7/2014 10:24:12 AM
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Template:
Loan Projects
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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199 Irrigation District Law of 1905 37-41-102 <br /> following the organization of the district he district, and confirming an issue of district <br /> t had paid irrigation district taxes upon said bonds. Hence he was estopped. Montezuma <br /> land. Without objection from him, proceed- Valley Imgation Dist. v. Longenbaugh. 54 <br /> ings had been taken, and a decree entered Colo. 391. 131 P. 262(1913). <br /> I under the act, declaring the validity of the <br /> 37-41-102. Petition. (1) For the purpose of the establishment of an irri- <br /> gation district as provided by this article, a petition shall be filed with the <br /> board of county commissioners of the county which embraces the largest <br /> acreage of the proposed district. The petition shall state: <br /> (a)- That it is the purpose of petitioners to organize an irrigation district <br /> under the provisions of this article; <br /> (b) A general description of the boundaries of such proposed district: <br /> (c) The means proposed to supply water for the irrigation of the lands <br /> embraced therein: <br /> (d) The name proposed for such district; and <br /> (e) A prayer that the board of county commissioners define and establish <br /> the boundaries of said proposed district and submit the question of the final <br /> organization of the same to the vote of the qualified electors of said proposed <br /> district. <br /> (2) The petition shall be signed by a majority of the owners of said lands, <br /> whether residents or nonresidents. as well as by the owners in the aggregate <br /> of a majority of the total number of acres of land sought to be enclosed <br /> in said proposed district. The petitioners shall elect from their number a <br /> committee of three to present such petition to the board of county commis- <br /> sioners. The petition shall also be accompanied by a good and sufficient <br /> bond. to be approved by the board of county commissioners. in double the <br /> amount of the probable cost of organizing such district. conditioned for the <br /> payment of all costs incurred in said proceedings in case said organization <br /> shall not be effected, but in case such district is so effected, then said <br /> expenses incurred by the board of county commissioners shall be paid back <br /> to said county by said district. <br /> (3) Such petition shall be published for at least four weeks before the <br /> time at which the same is to be presented. in some newspaper of general <br /> circulation published in the county where the petition is to be presented, <br /> together with a notice signed by the committee of said petitioners giving the <br /> time and place of the presentation of the same to the board of county <br /> commissioners. <br /> Source: L. 05, p. 246, § 2; R. S. 08, § 3441: L. 15, p. 298, § 2: C. L. <br /> § 1961:CSA, C. 90, § 378; CRS 53. § 149-1-2; C.R.S. 1963, § 150-1-2. <br /> Am. Jur. See 45 Am. Jur.2d. Irrigation. ring upon the board jurisdiction to proceeding <br /> §59. the matter of the organization: such notice is <br /> C.J.S.See 94 C.J.S..Waters. § 319(2). in the nature of process. indeed the only <br /> Law review. For note. "A Survey of process by which the property owners to be <br /> Colorado Water Law". see 47 Den. L.J. 226 affected are notified and given an opportunity <br /> (1970). to present to the board their objections: in <br /> This section requires publication, not only of this matter the board sits as a court of special <br /> a prescribed notice, but of the petition. Ahern and limited jurisdiction: that the notice must <br /> v. Board of Dirs. of High Line Irrigation be given by the petitioners themselves. and <br /> Dist..39 Colo.409.89 P. 963(1931). that both the notice and the petition must be <br /> The publication of this notice, as well as the published for the required length of time. <br /> petition, is an essential prerequisite to confer- Ahern v. Board of Dirs. of High Line Im- <br /> gation Dist..39 Colo.409. 89 P. 963(1931). <br />
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