Laserfiche WebLink
37-41-103 Water and Irrigation 200 <br /> The object of the required publication is to asserted.even though his name is necessary to <br /> notify landowners within the boundaries of the make up the required majority. Montezuma <br /> proposed district. other than those who have Valley Irrigation Dist. v. Longenbaugh. 54 <br /> signed the petition. that at a certain time and Colo. 391. 131 P. 262(1913). <br /> place the petition will be presented to the But there is no necessity for addressing a <br /> board of county commissioners for its action. petition to the board and this section does not <br /> as provided for in the statute, when and require it. Ahern v. Board of Dirs. of High <br /> where they may attend to offer any objection Line Irrigation Dist.. 39 Colo. 409. 89 P. 963 <br /> they have. All these considerations should be (1931). <br /> in the minds of those who prepare and sign A appointed to make publication <br /> Line Irrigation Ahern t. 39 Co of Dirs. of P. has authority to give the required notice. <br /> Line Irrigation Dist., 39 Colo. 409, 89 P. 963 Under this section it must be inferred that the <br /> (1931)' committee was selected to give the notice <br /> There is thno e presumption nthe petition the as sig ed. required since the notice and petition are <br /> written at the time the petition was signed. <br /> Ahern v. Board of Dirs. of High Line Im- required to be published together. It is unrea- <br /> gation Dist..39 Colo.409,89 P. 963(1931). sonable to suppose they were authorized to <br /> And signatures to the petition are not make an insufficient publication. but rather to <br /> signatures to the notice. Ahern v. Board of do all things necessary to make it complete. <br /> Dirs. of High Line Irrigation Dist.. 39 Colo. Lockard v. People ex rel. Weisbrod. 71 Colo. <br /> 409,89 P. 963(1931). 213.205 P.944(1922). <br /> These signatures to the petition are essential Sufficiency of notice. Where a notice says <br /> parts of the petition itself. Indeed. the petition that "The undersigned as the committee duly <br /> without the signatures is not a petition at all. authorized will present". etc.. this shows the <br /> Ahern v. Board of Dirs. of High Line Irri- official capacity in which the signers were <br /> gation Dist..39 Colo.409.89 P. 963(1931). acting. and it is not material in what part of <br /> And a party who has subscribed a petition the notice this appears. Lockard v. People ex <br /> cannot afterwards dispute the facts therein rel.Weisbrod.71 Colo. 213. 205 P. 944(1922). <br /> 37-41-103. Presentation and allowance of petition. (1) When such petition <br /> is presented. and it appears that the notice of the presentation of said petition <br /> has been given as required by section 37-4I-102 (3). and that said petition <br /> has been signed by the requisite number of petitioners as required by this <br /> article, the board of county commissioners shall then proceed to define the <br /> boundaries of said proposed district from said petition and from such applica- <br /> tions for the exclusion of lands therefrom and the inclusion of lands therein <br /> as may be made in accordance with the intent of this article. They may <br /> adjourn such examination from time to time, not exceeding three weeks in <br /> all, and by final order. duly entered. shall define and establish the boundaries <br /> of such proposed district: except that said board of county commissioners <br /> shall not modify such proposed boundaries described in the petition so as <br /> to change the objects of said petition or so as to exempt from the operation <br /> of this article any land within the boundaries proposed by the petition suscep- <br /> tible to irrigation by the same system of waterworks applicable to other lands <br /> in such proposed district; nor shall any land which will not in the judgment <br /> of the board be benefited by such proposed system be included in such dis- <br /> trict if the owner thereof makes application at a hearing to withdraw the <br /> same: also except that contiguous lands not included in said proposed district <br /> as described in the petition, upon application of the owners. may be included <br /> in such district upon such hearing. <br /> (2) When the boundaries of any proposed district have been examined <br /> and defined, the board of county commissioners shall forthwith make an <br /> order allowing the prayer of said petition. defining and establishing the <br /> boundaries, and designating the name of such proposed district. Thereupon <br /> said board. by further order duly entered upon its record. shall call an elec- <br /> tion of the qualified electors of said district to be held for the purpose of <br />