Fesability Study

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

been made between the district and the United States, no change shall be made in the boundaries
of the district, and the board of directors shall make no order changing the boundaries of the
district until the secretary of the interior assents thereto in writing and such assent is filed with
the board of directors.
Source: L. 21: p. 549, § 33. C.L. § 2089. CSA: C. 90, § 464. CRS 53: § 149-2-33. C.R.S. 1963:
§ 150-2-33.
C.J.S. See 94 C.J.S., Waters, § 319(3).
37-42-134. Inclusion of land in district. (1) Landowners representing a majority of the
acreage of any tracts of land susceptible of irrigation from the system of any irrigation district
already organized may present their petition to the board of directors of such irrigation district,
praying that such lands be included within the district. Such petition shall describe each tract of
land sought to be included within such district and give the name of the owner thereof. It shall
be accompanied by a map prepared by a competent civil engineer, showing the proposed method
of irrigation of the land involved and the susceptibility of its irrigation from the system of such
district. Upon the filing of such petition, it is the duty of the secretary of such district to cause
notice thereof to be published, at the expense of such petitioners, once each week for three
successive weeks in a newspaper designated by the board and of general circulation within such
district and to set said petition down for hearing before the board at its next regular meeting after
the last of such publications.
(2) At the date set for hearing, such board shall proceed to hear said petition and any
objections thereto that have been offered in writing by any landowner of the district or other
interested person and may allow or reject said petition in whole or in part in its discretion. As a
condition precedent to the granting of such petition, the board of directors shall require the
payment into the bond fund of such amount, as nearly as the same can be estimated, as such land
as is included by its order would have been assessed on account of such fund if it had been in
such district from the date of its organization and, in addition, may require such further payments
as it considers just and equitable to be paid into the general fund; but, in case any unentered
public land is so included within any irrigation district, such payment shall be assessed against
such lands on the records of the district and collected in the manner authorized by the act of
congress of August 11, 1916.
(3) In case a contract has been made between the district and the United States, no change
shall be made in the boundaries of the district unless the secretary of the interior assents thereto
in writing and such assent is filed with the board of directors. Upon such assent any lands
excluded from the district shall be discharged from all liens in favor of the United States under a
contract with the United States.
Source: L. 21: p. 550, § 34. C.L. § 2090. CSA: C. 90, § 465. CRS 53: § 149-2-34. C.R.S. 1963:
§ 150-2-34. L. 91: (1)and (2) amended, p. 895, § 29, effective June 5.
Am.Jur.2d.See 45 Am.Jur.2d, Irrigation, § § 59,60.
C.J.S. See 94 C.J.S., Waters, § 319(3).
37-42-135. District to lease surplus water. Whenever any irrigation district organized
under the provisions of this article acquires water in excess of its own needs or becomes the
owner of water or rights capable of use for other purposes than those for which it was organized,
without impairing or injuring such use, it may lease such water or rights for use within or without
the district for domestic, agricultural, power, or mechanical purposes, upon affirmative vote of
the district authorizing such lease, and the rentals derived from such lease shall be paid into the
general fund of the district. Such rentals shall become due and payable semiannually, in advance,
on March 1 and August 1 of each year, and shall bear interest at the rate of one percent per month
from due date until paid. At its option the board of directors may cancel any lease upon which
any rental is past due and unpaid, and no lease shall extend beyond the term of twenty years from
the date of its execution.