Colorado § 7-44-104 Directors may file petition in district court

Colorado Statutes

§ 7-44-104 — Directors may file petition in district court

Colorado § 7-44-104

Title 07Corporations

Art.Water Users' Associations

This text of Colorado § 7-44-104 (Directors may file petition in district court) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 7-44-104 (2026).

Text

(1)The board of directors of any water users' association formed under section 7-44-103 at any time may file a petition in the district court of the county in which the office of such water users' association is situated praying a judicial examination and determination of the question of the validity of the organization of the association, or of any power conferred by the articles of incorporation, or of any amendment to the articles of incorporation, or of any assessment levied, or of any act, proceeding, or contract of the association. Such petition shall state the facts wherein the validity of such organization, power conferred by the articles of incorporation, amendment to the articles of incorporation, assessment, act, proceeding, or contract is founded and shall be verifie

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(1) The board of
directors of any water users' association formed under section 7-44-103 at any time
may file a petition in the district court of the county in which the office of such
water users' association is situated praying a judicial examination and
determination of the question of the validity of the organization of the association,
or of any power conferred by the articles of incorporation, or of any amendment to
the articles of incorporation, or of any assessment levied, or of any act, proceeding,
or contract of the association. Such petition shall state the facts wherein the
validity of such organization, power conferred by the articles of incorporation,
amendment to the articles of incorporation, assessment, act, proceeding, or
contract is founded and shall be verified by a member of the board. Thereupon a
notice in the nature of a summons shall issue under the hand and seal of the clerk
of said court, directed to all stockholders, creditors, or other persons interested in
said water users' association, naming it, which designation shall be deemed
sufficient to give the court jurisdiction of all matters and parties involved and
interested. Service shall be obtained by publication of such notice as in the case of
publication of summons in an action to quiet title to real property.

(2) Any stockholder, creditor, or other interested person may answer such
petition within the time allowed therefor. All persons filing answers shall be
entered as defendants in the cause and their several defenses consolidated for
hearing or trial. Upon hearing, the court shall examine all things affecting the
validity of the matter in controversy, shall make a finding with reference thereto,
and shall enter judgment and decree as the case warrants. In reaching its
conclusions in such causes, the court shall follow a liberal interpretation of the law
and shall disregard informalities or omissions not affecting the substantial rights of
the parties, unless it is affirmatively shown that such informalities or omissions led
to a different result than would have been otherwise obtained. The Colorado rules
of civil procedure shall govern matters of pleading and practice as nearly as may
be. Costs may be assessed or apportioned among contesting parties in the
discretion of the trial court. Review of judgments of the district court shall be as
provided by law and the Colorado appellate rules.

Legislative History

Source: L. 29: p. 292, � 2. CSA: C. 41, � 158. CRS 53: � 31-16-4. C.R.S. 1963: � 31-16-4. L. 2003: (1) amended, p. 2208, � 23, effective July 1, 2004.