§ 36-3-107 — Request for selection

(1) Any person, company of persons,
association, or incorporated company desiring to construct ditches, canals, or other
irrigation works to reclaim land under the provisions of this article shall file with the
board a request for the selection on behalf of the state by the board of the land to
be reclaimed, designating said land by legal subdivisions. This request shall be
accompanied by a proposal to construct the ditch, canal, or other irrigation works
necessary for the complete reclamation of the land asked to be selected. The
proposal shall be prepared in accordance with the rules of the board, and with the
regulations of the department of the interior. It shall state the post-office address
and residence of the parties; the source of water supply; the point of diversion; the
place of storage, if stored; the location and dimensions of the proposed works; the
estimated cost thereof; the carrying capacity of the ditch or canal; and the price
and terms at which perpetual water rights will be sold to settlers on the land
reclaimed. The perpetual right shall embrace a proportionate concurrent interest in
the ditch, canal, or other irrigation works, together with all rights and franchises
attached. All water rights sold or otherwise held under the ditch or canal shall have
equal rights as to priority.

(2) The proportionate concurrent interest may be either in the form of shares
of stock in a company which will ultimately own and control the works, or in the
form of water right deeds or contracts, as may be determined by the board. All
contracts for the sale of water rights under this article shall be in the form, and
upon conditions, approved by the board. In the cases of incorporated companies, it
shall state the name of the company, the purpose of the incorporation, the name
and places of residence of its directors and officers, and the amount of its
authorized and of its paid-up capital. It shall be organized under the laws of
Colorado. If the applicant is not an incorporated company, the proposal shall set
forth the names of the parties and such other facts as will enable the board to
determine their financial ability to carry out the proposed undertaking or as may be
required by the board.

(3) Nothing in this article shall be construed to prevent the entry and
reclamation of land under this article by individuals, duly qualified either singly or
acting together. The state board of land commissioners shall make such rules and
regulations not inconsistent with the act of congress, or the rules and regulations
of the department of the interior, as may be necessary to allow the acquisition of
individual water rights for application to and reclamation of specific tracts of land,
not exceeding one hundred sixty acres of land for each person. The requirements of
this article as to plats, maps, examinations, reports, bonds, and contracts by such
rules and regulations may be so modified as to effectuate and assist the
reclamation and entry of land by individuals.

Legislative History

Source: L. 1895: p. 158, � 5. R.S. 08: � 5142. L. 11: p. 305, � 3. C.L. � 1127. CSA: C. 134, � 25. CRS 53: � 112-2-7. C.R.S. 1963: � 112-2-7.