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petition praying such organization, signed by a majority of such landowners, whether resident or
<br /> not, owning in the aggregate a majority of the acreage of such area so proposed to be organized.
<br /> Such petition shall contain a definite description by metes and bounds of the area included within
<br /> the exterior boundaries of said proposed district and a description by legal subdivisions of the
<br /> area proposed to be organized, together with a statement of the purposes of organization and the
<br /> property and rights proposed to be acquired or constructed, and shall name a resident of the
<br /> county of proposed organization as agent for the proposers of organization, who shall act as their
<br /> representative until such time as organization has been completed. Accompanying this petition,
<br /> a schedule shall be filed showing by legal subdivisions, with acreage, the land owned by each
<br /> signer and the total acreage of the proposed district, together with a map of the proposed district
<br /> and the proposed system for its irrigation or reclamation, drawn to such scale and in the manner
<br /> required by such rules as are promulgated by the state engineer for such purpose. These
<br /> instruments shall be accompanied by a bond approved by the board of county commissioners in
<br /> such amount as it shall fix, conditioned that all costs of inspection and organization shall be paid
<br /> by the bondsmen in case organization is not effected. Copies of all instruments and maps filed
<br /> with the board of county commissioners under this article shall also be filed with the state
<br /> engineer.
<br /> Source: L. 21: p. 517, § I. C.L. § 2057. CSA: C. 90, § 432. CRS 53: § 149-2-1. C.R.S. 1963: §
<br /> 150-2-1.
<br /> Am.Jur.2d. See 45 Am.Jur.2d, Irrigation, § 59.
<br /> C.J.S. See 94 C.J.S., Waters, § § 319(1),319(2).
<br /> Law reviews. For article,"Rights and Remedies of Irrigation District Bondholders",
<br /> see 20 Dicta 137 (1943). For article, "When Corporate Stock Becomes Real Estate", see
<br /> 21 Dicta 53 (1944). For article,"Irrigation Confirmation Proceedings",see 21 Dicta 140
<br /> (1944). For article, "Legal Classification of Special District Corporate Forms in
<br /> Colorado",see 45 Den.L.J.347(1968).
<br /> 37-42-102. Date of hearing - notice. Upon the filing of such petition and the approval of the
<br /> bond, the board of county commissioners shall communicate with the state engineer with
<br /> reference thereto, and together they shall agree upon a date for hearing upon such petition, which
<br /> shall in no case be later than ninety days from the date of filing thereof, and, in case no
<br /> agreement is reached with reference to such date of hearing, it shall be had on the Tuesday next
<br /> after the expiration of sixty days from the date of filing of such petition. During at least the four
<br /> weeks immediately preceding such date for hearing, the board of county commissioners shall
<br /> cause notice thereof to be published in some newspaper of general circulation published in each
<br /> of the counties wherein any portion of the area of said proposed district lies, and, in case no such
<br /> newspaper is published in any such county, the notice shall be given by posting the notice at the
<br /> county courthouse in such county and in at least one conspicuous point within the area of such
<br /> proposed district which lies in such county during the same time that publication is required,
<br /> where a newspaper is available therefor.
<br /> Source: L. 21: p. 518, § 2. C.L. § 2058. CSA: C. 90, § 433. CRS 53: § 149-2-2. C.R.S. 1963: §
<br /> 150-2-2.
<br /> Cross references: For publication of legal notices,see part 1 of article 70 of title 24.
<br /> Am.Jur.2d. See 45 Am.Jur.2d, Irrigation, § § 58-60.
<br /> C.J.S. See 94 C.J.S., Waters, § § 319(2),321.
<br /> 37-42-103. Preliminary report. Prior to the date of such hearing, the state engineer shall
<br /> file with the board of county commissioners, before which the hearing will be held, his
<br /> preliminary report on the proposed irrigation system, showing his estimate of costs, as well as the
<br /> availability of an adequate water supply, and the general feasibility of the system. In the
<br /> preparation of such report, the state engineer may require such aid, assistance, maps, and data as
<br /> he deems necessary, from the proposers of organization. Such report shall be considered a public
<br /> document and open to general public inspection and examination.
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