§ 37-41-104 — Notice of election - qualifications of electors

(1) The board of
county commissioners shall thereupon cause a notice embodying said orders in
substance, signed by the chairman of the board of county commissioners and the
clerk of said board, to be issued, given, and published, giving public notice of said
election, the time and places thereof, and the matters submitted to the vote of the
electors. The notice and order shall be published once a week for at least four
weeks prior to such election in a newspaper of general circulation in said county,
and if any portion of such proposed district lies within any other county, then such
order and notice shall be published in a newspaper of general circulation published
within each of the counties. No election, the purpose of which is to issue bonds or
purchase sites, water rights, reservoirs, or rights-of-way, shall be held nor shall any
bonds be issued or purchased or contract of purchase be made for reservoirs, water
rights, sites, or works before the board of directors has submitted to the state
engineer a complete and detailed plan of the project and a complete and detailed
information of the property to be leased or purchased, and any other information
required by the state engineer, and a decision rendered by him as to the feasibility
of the project. No election thereon shall be held nor purchase contract or lease
made until sixty days have expired after the rendition of such decision by the state
engineer.

(2) At all elections held under the provisions of this article, every owner or
entryman of agricultural or horticultural land within said district over the age of
eighteen years who is a citizen of the United States, or has declared his intention to
become a citizen of the United States, and is a resident of the state of Colorado and
has paid property taxes upon real property located within said district during the
calendar year preceding any such election shall be entitled to vote at such election
in the precinct where he resides or, if a nonresident of the precinct, in the precinct
within which the greater portion of his land is located. A corporation organized or
qualified to do business in this state which owns agricultural or horticultural land
within the district, and which has paid property taxes thereon, may authorize an
agent, who satisfies the residency and age requirements of this subsection (2), to
vote in its behalf at all elections held under the provisions of this article or to serve
as a director of the district. Any such person so qualified to vote and who resides in
any county into which said district extends shall be eligible to election as a director
in and for the division in such district in which he is entitled to vote. All lands platted
or subdivided into residence or business lots shall not be considered agricultural or
horticultural land. The ballots to be used and cast at such election for the formation
of such district shall be substantially as follows: Irrigation District - Yes, and
Irrigation District - No, or words equivalent thereto, and shall also contain the
names of the persons to be voted for as members of the board of directors of said
district. Each elector may vote for three directors, one from each division, and shall
indicate his vote by placing a marginal cross upon the ballot, for or against any
question submitted or name voted upon, and opposite thereto, at any election held
under this article.

Legislative History

Source: L. 05: p. 249, � 4. L. 07: p. 488, � 1. R.S. 08: � 3443. L. 15: p. 209, � 3. L. 17: p. 292, � 2. C.L. � 1963. L. 31: p. 431, � 1. CSA: C. 90, � 380. CRS 53: � 149-1-4. C.R.S. 1963: � 150-1-4. L. 75: (2) amended, p. 223, � 79, effective July 16. L. 77: (2) amended, p. 1631, � 1, effective May 24.