§ 37-28-102 — Method of organization

Colorado § 37-28-102

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Voluntary Districts

Text

(1) Said owners shall submit such
agreement to the board of county commissioners of the county wherein the major
part of the lands proposed to be included in such district may be situated and shall
submit therewith a plat of the land giving a general description of the same, and the
said board of county commissioners as soon thereafter as may be practicable shall
carefully consider all questions involved and shall make a personal inspection of
the land proposed to be included in said voluntary district or may employ some
competent engineer or surveyor to examine and report to said board on the same,
and the expense of such surveyor or engineer, including any expense that the board
of county commissioners may incur in the examination of such project, shall be paid
by the parties to such voluntary agreement, and the board of county commissioners
may require a deposit to be made with the county treasurer of the county to protect
the county against such expense.

(2) If such board of county commissioners is satisfied that the plan proposed
is practicable and will be conducive to the public health, convenience, utility, or
welfare and that the agreement submitted is fair and equitable in all respects
considering the benefits which the respective lands will receive from such
voluntary drainage system, then the board of county commissioners shall enter an
order upon their records approving such agreement and shall file the same with the
accompanying plat in the office of the county clerk and recorder of said county. If
such district extends into more than one county, a certified copy of the agreement
and plat, together with a certified copy of the said order of the board of county
commissioners, shall be filed by the parties to such agreement with the county
clerk and recorder of such other counties, and thereupon the said drainage district
shall be fully organized and established and have all the powers of drainage
districts. The directors so named in said agreement shall then possess all the
powers and proceed in like manner as before designated in the case of directors of
districts organized by petition, and the agreement provided for in this article shall
constitute a charter of authority of such voluntary district, and all lands subscribed
to and voluntarily included in said district shall be considered as a unit or but one
tract of land in the determination of any question or right or duty as between said
voluntary district and any lands outside thereof, whether lying above, below, or
adjacent to said district.

Legislative History

Source: L. 11: p. 329, � 78. C.L. � 2195. CSA: C. 57, � 115. CRS 53: � 47-9-2. C.R.S. 1963: � 47-9-2.