WSP07454 - Laserfiche WebLink

Home Browse Search

~ . " NOTE: The office of <the District will furnish, upon request, copies of the inclusion policy resolu- lions; rules and regulations in regard to inclusion of lands; or inclusion petition forms tor use in areas eli- gible for inclusion under the adopted policies of the Board. q ':4 3. There are several important characteristics of wat- er allotmell! contracts which a petitioner for inclu- sion, the owner of irrigated land, and others should keep in mind: a. A water allotment attaches to LA.ND, as specif- ically described in each contract and r~corded on the public record of the county in which said land is located, b. A tax lien accompanies the allotment and is held by the District AGAlNST the SA.ME specifically described LAND as set forth in the allotment con- tract. c. As the taX lien, by contract, attaches to and be- comes a perpetual lien upon <the lands described in the the contract agreement between the District and the owner of the land,the lien CANNOT BE AL- TERED OR CHANGED by deed, contract or other agreement WITHOUT APPLICATION TO AND CON- SENT OF THE DISTRICT BOARD. (150-5,20 (2) and 15ll-5-20 (5) C. R . S. 1963) '~? Therelore, any agreement between an aliottee land owner and other parties which would remove, par- tially remove, reallocate, redistribute all or any part of an ailotment and accompanying lien canoot be accomplished without application to and consent of the Board. (15ll-5.29 (i) (e) and (f); 15ll-5,26, C. R. S. 1963) COLORADO REVISED STATUTES - 1963 156-5-31. INCLUSION OF LANDS (1) The boundaries of any district organized under the pro- visions of this article may be changed In the manner hereinafter prescribed, but UJe change of bounda~ies of the district shaJl not impair or affect IS organlllatlon or Its rights or privileges whatsoever; n~r sha}i it affect or impair or discharge any contract, obhgatlon, hen or charge for or upon which it might be liable or chargeable had such change of boundaries not been made. 4 .... .'~' '. -i~;,.. . . , . -:. "',:" c'.' ,~. .' .... ~. ," (2) The owners of lands may file a petition with the Board, in writing, praying that such lands be included in the district. The petition shall describe the tracts or body of land owned by the petitioners, and such petition shall be deemed to give assent 01 the petitioners to the inclusion in said district of the lands described in the petition, and such petition must be acknowledged in the same manner that con. veyances of land are required to be acknowledged. The sec. retary of the board shall cause nolice of filing of such peti. tion be given and published in the county in which the lands are situated, which notice shaIl slate the filing of such pet. tion, names af petitioners, description 01 lands mentianed and the prayer of said petitioners; giving notice to all per. sons interested to appear at the office of the board at any time named in said notice and show cause in writing why the petition should nat be granted. At the time and place mentioned ar at such time to which <he hearing may be ad- journed, UJe :board shall proceed to hear the petition and all objections UJereta, presented in writing by any person inter- ested to show cause why said petitian should not be granted. The lailure of any person interested to show cause shall be deemed and taken as an assent on his part ta the inclusion of such lands in the district as prayed far in the petitian. If the petition is granted, the board shall make an order to thai! effect and file the same with 'the clerk of the caurt and upon order of the caurt said lands shall be included in the district. SPECIFIC RULES AND REGULATIONS GOVERNING THE ADMISSION OF NEW LANDS IN THE DISTRIST 1. These rules and regulations are subject to change by the Board of Directors at any regularly schedul- ed or special meeting called for such purpose of the Board and are made'to join the District so they will know the rules as they now exist. 2. A petition in form satisfactory to the Board must be submitted by the owners of land which is sought to be made a part 01 the District. Such a form is available at the District's offices in the Ci<ty of Sterling at 211 \2 Main Street, Post Office Box 1725 (80751). 3. An alternate procedure for joining thc District can be used when a number of landowners want to join the District. If this procedure is used, the District staff should first be consulted. 5 "J"': : ,~'". .,~ .