Fesability Study

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

C.J.S. See 94 C.J.S., Waters, § §319(5),328.
37-42-139. Dissolution of district- election. (1) A plan for the dissolution of any irrigation
district organized under this article may be submitted to the landowners at a special election held
for that purpose. Such plan must provide for the payment of all district debts and liabilities and
the disposition of district assets. If the landowners authorize such dissolution by an affirmative
vote of a majority of the entire voting strength of the district, the directors shall proceed to carry
out the plan so authorized and, upon the accomplishment thereof, shall file their certificate of
such fact with the county clerk and recorder of each county wherein any part of said district is
situated.
(2) Thereupon, the district shall be considered at an end; except that, within fifteen days
from the date of the vote of the landowners authorizing such dissolution, any landowner or
creditor may contest the validity of such proceeding or the legality of the proposed plan of
dissolution by action in the district court of the county wherein the district office is situated, and,
pending determination in such cause, no action shall be taken by the board of directors
thereunder. If any funds remain in the hands of the district treasurer to the credit of such district
after its dissolution, such funds shall be distributed among the landowners in proportion to the
acreage of their lands within the district.
Source: L.21: p. 555, § 39. C.L. § 2095. CSA: C. 90, § 470. CRS 53: § 149-2-39. C.R.S. 1963:
§ 150-2-39. L. 91: (1)amended, p. 896, § 31, effective June 5.
C.J.S. See 94 C.J.S., Waters, §338.
37-42-140. Districts organized hereafter. This article shall apply only to irrigation districts
organized after April 7, 1921, and no existing laws in any manner relating to irrigation districts
shall apply to or affect irrigation districts organized after said date, but said existing laws and all
amendments thereto made after said date shall be and remain in and have full force and effect as
to all irrigation districts organized prior to April 7, 1921. However, whenever resident
freeholders, representing a majority of the number of acres of the irrigable land in any irrigation
district organized prior to April 7, 1921, shall petition the board of directors to call a special
election for the purpose of submitting to the qualified electors of said irrigation district, who for
the purpose of this section are defined as the owners or entrymen of agricultural or horticultural
land within said district exclusive of lands platted or subdivided into residence or business lots, a
proposition to vote, at any regular or any special election called and notice given for such
purpose, upon the question whether or not such irrigation district shall thereafter operate under
the provisions of this article and if two-thirds of said qualified electors of such irrigation district
voting upon such question shall vote in favor of coming under the provisions of this article, upon
the filing of a statement of the results of such election in the manner provided by section
37-41-112, such irrigation district shall thereafter be governed by the provisions of this article,
but the election of such district to come under the provisions of this article shall not invalidate
any act or proceeding theretofore done under the laws governing such irrigation district prior to
such election and shall not impair any obligation of such irrigation district or any right
thereunder.
Source: L. 21: p. 555, § 40. C.L. § 2096. L. 31: p. 434, § 1. CSA: C. 90, § 471. CRS 53: §
149-2-40. C.R.S. 1963: § 150-2-40. L. 88: Entire section amended, p. 1230, § 2, effective April 6.
37-42-141. Ratification of irrigation district. If the qualified voters of an irrigation district
have authorized the dissolution of such district in the manner provided by section 37-42-139 but
the plan of dissolution so authorized has not been implemented and the district has continued to
function as an irrigation district, such district may submit the question of ratification of the
district to the qualified voters in a district election as specified in section 37-42-112. If a
majority of the votes cast at such election are in favor of the ratification of the district, the prior
authorization of dissolution shall be deemed null and void. The directors shall file their
certificate of such fact with the county clerk and recorder of the county wherein such district is