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Source: L. 21: p. 552, § 35. C.L. § 2091. CSA: C. 90, § 466. CRS 53: § 149-2-35. C.R.S. 1963:
<br /> § 150-2-35.
<br /> 37-42-136. Drainage of lands - surveys. The board of directors of any irrigation district
<br /> may cause surveys, maps, estimates of cost, and a report of feasibility to be made looking to the
<br /> drainage of the whole or any part of an irrigation district which may have become, or threatens to
<br /> become, seeped or too wet or which requires drainage for profitable cultivation. Such surveys,
<br /> maps, estimates, and report shall be filed in the office of the district, and such matters shall be
<br /> submitted to the landowners at a general or special election held not less than sixty days from the
<br /> date of the filing of such documents. If the landowners express their approval of such drainage
<br /> undertaking by affirmative vote of a majority of the votes cast at such election, the district may
<br /> proceed to do such drainage work and shall have like powers with reference thereto, including
<br /> the levying of an assessment or the issuing of bonds, to defray the expense thereof.
<br /> Source: L. 21: p. 552, § 36. C.L. § 2092. CSA: C. 90, § 467. CRS 53: § 149-2-36. C.R.S. 1963:
<br /> § 150-2-36. L. 91: Entire section amended, p. 896, § 30, effective June 5.
<br /> 37-42-137. Sale of surplus water - proceeds. The board of directors may sell property or
<br /> assets of the district not needed for district use nor essential to its operation from time to time as
<br /> it shall direct by resolution, at public auction, and upon such notice as it shall designate, and shall
<br /> cause the proceeds thereof to be placed in the bond fund or United States contract fund of the
<br /> district. If such district has no bonded or United States contract indebtedness then such proceeds
<br /> shall be placed in the general fund.
<br /> Source: L.21: p. 553, § 37. C.L. § 2093. CSA: C. 90, § 468. CRS 53: § 149-2-37. C.R.S. 1963:
<br /> § 150-2-37.
<br /> 37-42-138. Confirmation of organization and bonds. (1) The board of directors of any
<br /> irrigation district organized under this article at any time may file a petition in the district court
<br /> of the county wherein is situated the office of such district praying for a judicial examination and
<br /> determination of the question of the validity of the organization of the district, or of any bonds
<br /> issued, whether sold or not, or of any assessment levied, or of any order, act, proceeding, or
<br /> contract of said district. Such petition shall set forth the facts whereon the validity of such
<br /> organization or of such bonds, assessment, order, act, proceeding, or contract is founded and
<br /> shall be verified by a member of the board.
<br /> (2) Thereupon a notice in the nature of a summons shall issue under the hand and seal of the
<br /> clerk of said court, directed to all landowners, creditors, or other persons interested in said
<br /> district, naming it, which designation shall be deemed sufficient to give the court jurisdiction of
<br /> all matters and parties involved and interested. Service shall be obtained by publication of such
<br /> notice as in the case of publication of summons in an action to quiet title to real property. Any
<br /> landowner, creditor, or other interested person may move to dismiss or answer said petition
<br /> within the time allowed therefor. All persons filing motions to dismiss or answers shall be
<br /> entered as defendants in said cause and their several defenses consolidated for hearing or trial.
<br /> (3) Upon hearing, the court shall examine into all matters and things affecting the validity of
<br /> the matter in controversy, shall make a finding with reference thereto, and shall enter judgment
<br /> and decree as the case warrants. In reaching its conclusions in such causes, the court shall follow
<br /> a liberal interpretation of the law and shall disregard informalities or omissions not affecting the
<br /> substantial rights of the parties, unless it is affirmatively shown that such informalities or
<br /> omissions led to a different result than would have been otherwise obtained. The Colorado rules
<br /> of civil procedure shall govern matters of pleading and practice as nearly as may be. Costs may
<br /> be assessed or apportioned among contesting parties in the discretion of the trial court. Review
<br /> of judgments of the district court by an appellate court may be had as in other civil causes.
<br /> Source: L. 21: p. 553, § 38. C.L. § 2094. CSA: C. 90, § 469. CRS 53: § 149-2-38. C.R.S. 1963:
<br /> § 150-2-38.
<br /> Am.Jur.2d. See 45 Am.1ur.2d, Irrigation, § § 58, 59.
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