§ 37-41-116 — Conveyances - suits

Colorado § 37-41-116

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Irrigation District Law of 1905

Text

(1) The said board is hereby authorized to
take conveyances or assurances for all property acquired by it under the provisions
of this article in the name of such irrigation district for the purposes expressed in
this article, and to institute and maintain any actions and proceedings, and suits at
law or in equity, necessary or proper in order to fully carry out the provisions of this
article, or to enforce, maintain, protect, or preserve any rights, privileges, and
immunities created by this article or acquired in pursuance thereof. In all courts,
actions, suits, or proceedings, the board may sue, appear, and defend in person or
by attorneys and in the name of such irrigation district. Judicial notice shall be
taken in all actions, suits, and judicial proceedings in any court of this state of the
organization and existence of any irrigation 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 37-41-103.
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.

(2) Any such irrigation district, in regard to which any such order has been
entered and such certified copy thereof so filed for record, and which has exercised
or shall exercise the rights and powers of such a district, and which shall have in
office a board of directors exercising the duties of their 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 irrigation district within the meaning of this article; and its
due and lawful formation and organization shall not thereafter be questioned in any
action, suit, or proceeding whether brought under the provisions of this article or
otherwise.

Legislative History

Source: L. 05: p. 255, � 14. R.S. 08: � 3453. C.L. � 1973. CSA: C. 90, � 390. CRS 53: � 149-1-14. C.R.S. 1963: � 150-1-14.