§ 37-3-108 — Plans

Colorado § 37-3-108

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Board of Directors - Powers and Duties

Text

(1) Upon its qualification, the board of directors shall
prepare or cause to be prepared a plan for the improvements for which the district
was created. Such plan shall include such maps, profiles, plans, and other data and
descriptions as may be necessary to set forth properly the location and character of
the work, and of the property benefited or taken or damaged, with estimates of cost
and specifications for doing the work.

(2) In case the board of directors finds that any former survey made by any
other district or in any other manner is useful for the purposes of the district, it may
take over the data secured by such survey or such other proceedings as may be
useful to it and may pay therefor an amount equal to the value of such data to said
district.

(3) Upon the completion of such plan, the board of directors shall cause
notice thereof to be given by publication in each county in which said district may
be located, in whole or in part, and shall permit the inspection thereof at the office
of the district by all persons interested. Said notice shall fix the time and place for
the hearing of all objections to said plan not less than twenty days nor more than
thirty days after the last publication of said notice. All objections to said plan shall
be in writing and filed with the secretary of the district at his office not more than
ten days after the last publication of said notice. After said hearing before the
board of directors, the board shall adopt a plan as the official plan of the said
district. If, however, any person objects to said official plan, so adopted, then such
person may, within ten days from the adoption of said official plan, file in the office
of the clerk of the court in the original case establishing the district his objections
in writing, specifying the features of the plan to which objection is made, and
thereupon the court shall fix a day for the hearing thereof before the court, not less
than ten days nor more than twenty days after the time fixed for filing objections, at
which time the court shall hear said objections and adopt, reject, or refer back said
plan to said board of directors.

(4) If the court should reject said plan, then the board shall proceed as in the
first instance under this section to prepare another plan. If the court should refer
back said plan to the board for amendment, then the court shall continue the
hearing to a day certain without publication of notice. If the court approves the said
plan as the official plan of the district, then a certified copy of the order of the court
approving the same shall be filed with the secretary of the district and by him
incorporated into the records of the district. The official plan may be altered in
detail from time to time until the assessment record is filed, and of all such
alterations the appraisers shall take notice. After the assessment record has been
filed in court, no alterations of the official plan shall be made except as provided in
section 37-4-113.

Legislative History

Source: L. 22: p. 23, � 12. C.L. � 9526. CSA: C. 138, � 137. CRS 53: � 30-3-5. C.R.S. 1963: � 29-3-5.