Fesability Study

• Contractor Name: Pine River Irrigation District
• Contract Type: Loan
• Loan Projects - Doc Type: Feasibility Study

organized, to elect directors thereof until the first annual election. Said notice shall state the
place of holding such meeting, which shall be at some convenient place in the county where the
petition was filed, and the date and hour thereof. Said notice shall be published once each week
for four weeks immediately preceding such meeting in a newspaper published within the county
where the meeting will be held, or, if no such newspaper is published in such county, then notice
shall be given by posting such notice at the courthouse in each county in which any portion of
said district lies and also by posting such notice at three conspicuous places within said proposed
district.
(2) At all elections held under the provisions of this article, every owner of agricultural land
within said district over the age of twenty-one years, who is a citizen of the United States or has
declared his intention to become a citizen of the United States, and is a resident of the state of
Colorado, and has paid real property taxes upon the property located within said district on an
area in excess of one acre during the year preceding the date of said election if a resident of the
district or on an area of forty acres or more if a resident of the state outside the district or who is
an entryman upon public lands of the United States and is residing thereon, shall be entitled to
vote at such election in the precinct where he resides or, if a nonresident of the precinct, in the
precinct within which the greater portion of his land is located. Any person so qualified to vote,
and who resides in any county into which said district extends, is eligible for election as a
director in and for the division in such district in which he is entitled to vote. All lands platted or
subdivided into residence or business lots shall not be considered agricultural land.
Source: L. 21: p. 521, § 6. C.L. § 2062. CSA: C. 90, § 437. CRS 53: § 149-2-6. C.R.S. 1963: §
150-2-6.
Am.Jur.2d. See 45 Am.Jur.2d, Irrigation, § §58-60.
C.J.S. See 94 C.J.S., Waters, § § 319(1),322.
37-42-107. Organization - meeting - voting. (1) The board of county commissioners shall
attend at the time and place of such meeting and shall certify to the meeting a list of the
landowners of said proposed district, taking no account of those who have prosecuted appeals
from the order of the board of county commissioners fixing and determining boundaries, together
with the number of acres within said proposed district, owned or represented by each, the total of
which acreage, for the purposes of this meeting, shall be considered the total acres of the district.
The board of county commissioners shall also act as a credentials committee of said meeting and
shall decide who are eligible voters thereat making a certificate concerning the same, and the
chairman of the board shall preside at said meeting until such time as temporary officers are
elected from among those present. The unit of voting power shall be the acre within said district
or proposed district, each landowner being entitled to cast as many votes as he has acres of land
within the district or proposed district, and, in casting such votes, such landowner may vote in
person or by proxy, and, in the election of directors, the practice known as cumulative voting
shall be allowed. Any person desiring to act as proxy for another must file written authority
therefor before being allowed to vote, which authority shall be retained as part of the proceedings
of the meeting at which such vote is cast and shall be subject to use at no other meeting.
(2) The landowners shall organize such meeting by the selection from their own number of a
chairman who shall preside at said meeting and a clerk who shall keep the minutes of the
proceedings of such meeting and perform the duties generally performed by such officer.
(3) The meeting having been so organized, a vote shall be taken by ballot to determine
organization. The ballots cast shall contain the words "Irrigation District - Yes ...." and
"Irrigation District - No ....", and shall have a cross marked opposite the words expressing the
desire of the voter, together with the name and, if the vote is by proxy, both the name of the
landowner and the person voting, and the number of votes cast, being the number of acres of the
landowner within said proposed district.
(4) The vote shall be publicly counted by tellers selected by the chairman, entered at length
upon a tally sheet and checked with the list certified by the board of county commissioners, and
shall be entered in detail in the minutes of the proceedings. If a majority of the total vote of the