§ 37-41-142 — Lands may be excluded from district

(1) Any tract of land
included within the boundaries of any such district at or after its organization, under
the provisions of this article, may be excluded therefrom in the manner prescribed
in sections 37-41-142 to 37-41-148, but such exclusion of land from the district shall
not impair or affect its organization or its rights in or to property or any of its rights
or privileges of whatever kind or nature; nor shall such exclusion affect, impair, or
discharge any contract, obligation, lien, or charge for or upon which it would or
might become liable or chargeable had such land not been excluded from the
district.

(2) If the board of directors of an irrigation district organized under this
article finds and by resolution of the board declares that the irrigation district taxes
assessed against any tract of land, in such irrigation district, have not been paid for
three consecutive years and further finds that it would be for the best interests of
such district and the landowners and members thereof and the lienholders thereon,
if any, that such lands so in default in the payment of irrigation district taxes be
excluded from such irrigation district, it shall be conclusively presumed that any
such lands are unproductive and unfruitful and should be excluded from such
irrigation district, and the board of directors may by resolution order such
exclusions and cause a copy of such resolution certified by the secretary of such
irrigation district to be filed and recorded in the office of the county clerk and
recorder of the county in which such lands are located, and thereupon without
further proceedings all such lands shall be excluded from such irrigation district
and dropped from the list of district lands for all purposes.

(3) Any water or water rights owned or controlled by the district theretofore
appertaining or allocated to such lands so in default may be reallocated to lands
then remaining in such district, or other and different productive lands may be
included in such district in lieu thereof.

Legislative History

Source: L. 05: p. 268, � 41. R.S. 08: � 3480. C.L. � 2019. L. 29: p. 422, �1. CSA: C. 90, � 418. CRS 53: � 149-1-42. C.R.S. 1963: � 150-1-42.