Fesability Study

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

district treasurer an amount of money sufficient to retire district bonds in such ratio to the total
bonded indebtedness of the district as the acreage of lands which he owns within such district
bears to the total acreage thereof, subject to such bonded indebtedness, plus fifteen percent;
except that, where such district may have outstanding more than one issue of bonds, the bonds of
any one issue may be thus retired without reference to other issues; and where such payment is
insufficient to furnish money to retire an entire bond, such landowner shall pay such further sum
as shall be required to retire an entire bond, and the treasurer shall issue to him a lien bond in a
denomination representing such excess payment, bearing the same serial number, of like terms,
and with the same rate of interest as the bond of the last serial number so retired.
(2) The treasurer shall thereupon issue to such landowner his official receipt in duplicate,
one of which receipts shall be filed with the secretary of such irrigation district and one filed for
record in the office of the county clerk and recorder of the county wherein the lands involved are
situated. From and after the filing, such lands shall be free and clear from any and all liens,
levies, and assessments of such bonded indebtedness for which such payment was made; except
that, in the case of a contract with the United States, the provisions of this section shall not apply,
but, in such case, the real property of the district shall be and remain liable to be assessed for all
payments provided for in such contract with the United States until the obligations under such
contract have been paid.
Source: L. 21: p. 548, § 32. C.L. § 2088. CSA: C. 90, § 463. CRS 53: § 149-2-32. C.R.S. 1963:
§ 150-2-32. L. 91: (2) amended, p. 895, § 28, effective June 5.
Am.Jur.2d. See 45 Am.Jur.2d, Irrigation, § §67, 69.
C.J.S. See 94 C.J.S., Waters, §331.
37-42-133. Exclusion of land from district. (1) Any landowner desiring the exclusion of
any of his lands from an irrigation district organized under this article shall present to the board
of directors of such district his verified petition describing such lands and praying their exclusion
by order of such board. He shall allege and show by certificate of the county clerk and recorder
of the county wherein such lands are situate that such lands are not subject to any bonded
indebtedness of such district and, by certificate of the county treasurer of such county, that all
levies for the general fund of said district have been paid upon said lands. Whereupon, said
board shall proceed to an examination of the matters alleged in said petition as it sees fit and
shall consider the advisability of such exclusion. If it finds that such land is not burdened with
any bonded indebtedness of such district, and that all levies made thereon have been paid, or
proper security given for payment of such levies as are not yet payable, and that its exclusion
from the district would in no way damage or injure other lands of said district, it may order such
exclusion, and thereafter such lands shall be dropped from the lists of district lands for all
purposes; except that such exclusion shall in no way affect or impair any of the rights or
obligations of such district.
(2) The board of directors of an irrigation district is authorized to exclude any lands situate
in the district where the board believes that the exclusion of such lands from such district would
be in the best interest of other landowners in such district. Such board may order such exclusion,
and thereafter such lands shall be dropped from the lists of district lands for all purposes; except
that notice shall be published first in a newspaper in said district or county thereof for a period of
two successive weeks, and, in the event there is no such newspaper published in such district,
such intended order shall be posted at the office of the district board and in at least two other
public places within the boundaries of said district, and notice shall also be served upon the
owners of the lands proposed to be excluded before the making of such order. Proof of such
posting and publication and also of such notice having been served upon the landowner shall be
duly made and recorded in the minutes of the board of directors.
(3) However, when the district makes such an order, anyone having a water privilege on
such land so excluded shall be reimbursed for the value of such privilege, and the owners of said
lands shall have the right to appeal to the district court of the judicial district in which such land
is situate to have such order reviewed and set aside, if improperly made. In case a contract has