§ 37-41-103 — Presentation and allowance of petition

(1) When such petition is
presented and it appears that the notice of the presentation of said petition has
been given as required by section 37-41-102 (3) and that said petition has been
signed by the requisite number of petitioners as required by this article, the board
of county commissioners shall then proceed to define the boundaries of said
proposed district from said petition and from such applications for the exclusion of
lands therefrom and the inclusion of lands therein as may be made in accordance
with the intent of this article. They may adjourn such examination from time to time,
not exceeding three weeks in all, and by final order, duly entered, shall define and
establish the boundaries of such proposed district; except that said board of county
commissioners shall not modify such proposed boundaries described in the petition
so as to change the objects of said petition or so as to exempt from the operation of
this article any land within the boundaries proposed by the petition susceptible to
irrigation by the same system of waterworks applicable to other lands in such
proposed district; nor shall any land which will not in the judgment of the board be
benefited by such proposed system be included in such district if the owner thereof
makes application at a hearing to withdraw the same; also except that contiguous
lands not included in said proposed district as described in the petition, upon
application of the owners, may be included in such district upon such hearing.

(2) When the boundaries of any proposed district have been examined and
defined, the board of county commissioners shall forthwith make an order allowing
the prayer of said petition, defining and establishing the boundaries, and
designating the name of such proposed district. Thereupon said board, by further
order duly entered upon its record, shall call an election of the qualified electors of
said district to be held for the purpose of determining whether such district shall be
organized under the conditions of this article and, by such order, shall submit the
names of one or more persons from each of the three divisions of said district to be
voted for as directors therein. For the purposes of said election, the board of county
commissioners shall divide said district into three divisions as nearly equal in size as
may be practicable and shall provide that a qualified elector of each of said three
divisions shall be elected as a member of the board of directors of said district by
the qualified electors of the whole district.

(3) Each of said divisions shall constitute an election precinct, and three
judges shall be appointed for each of such precincts, one of whom shall act as clerk
of said election. In the hearing of any such petition the board of county
commissioners shall disregard any informality therein, and, in case it denies the
same or dismisses it for any reason on account of the provisions of this article not
having been complied with, which are the only reasons upon which it shall have a
right to refuse or dismiss the same, the board shall state its reasons in writing
therefor in detail, which shall be entered upon its record. In case these reasons are
not well founded, upon proper application therefor, an order in the nature of
mandamus shall issue out of the district court of said county, compelling the board
to act in compliance with this article, which order shall be heard within twenty days
from the date of its issuance and which twenty days shall be excluded from the
forty days given the board of county commissioners to act upon said petition. The
officers of such district shall consist of three directors, a secretary, and a treasurer.

Legislative History

Source: L. 05: p. 247, � 3. R.S. 08: � 3442. C.L. � 1962. CSA: C. 90, � 379. CRS 53: � 149-1-3. C.R.S. 1963: � 150-1-3.