§ 37-20-121 — Actions - judicial notice - validity

In all actions, suits, and
judicial proceedings in any court of this state, the court shall take judicial notice of
the organization and existence of any drainage district of this state, from and after
the filing for record in the office of the county clerk and recorder of the certified
copy of the order of the board of county commissioners mentioned in section 37-20-117. A certified copy of said order shall be prima facie evidence in all actions,
suits, and proceedings in any court of this state of the regularity and legal
sufficiency of all acts, matters, and proceedings therein recited and set forth. Any
such drainage district, in regard to which any such order may be entered and such
certified copy thereof so filed for record, which has exercised the rights and powers
of such a district and which has in office a board of directors exercising the duties
of its office and the legality or regularity of the formation or organization of which
shall not have been questioned by proceedings in quo warranto instituted in the
district court of the county in which such district or the greater portion thereof is
situated, within one year from the date of such filing, shall be conclusively deemed
to be a legally and regularly organized, established, and existing drainage district
within the meaning of articles 20 to 30 of this title. The due and lawful formation
and organization of said district shall not thereafter be questioned in any action,
suit, or proceeding whether brought under the provisions of articles 20 to 30 of this
title or otherwise.

Legislative History

Source: L. 11: p. 328, � 74. C.L. � 2127. CSA: C. 57, � 21. CRS 53: � 47-1-21. C.R.S. 1963: � 47-1-21.