§ 37-42-105 — Adverse report - investigations

(1) In case the report of the
state engineer is adverse to the formation of such district because it is not
considered feasible, he shall state his reasons for such conclusion in concise
language and shall call attention thereto expressly in his letter transmitting such
report to the board of county commissioners. The board of county commissioners
shall thereupon fix and determine, upon such investigations and hearings as they
see fit, the following matters and things:

(a) Whether the statutory requirements preliminary to organization have
been substantially complied with, which determination shall be reviewable only by
an action in the nature of certiorari issuing out of the district court having
jurisdiction and upon application therefor made within fifteen days of the date of
determination by the board of county commissioners;

(b) Fix the territorial extent and boundaries of such district and, in so doing,
consider the petition upon which hearing is had, together with such petitions for
inclusion within or exclusion from said district as are presented.

(2) No lands shall be excluded from said district which are susceptible of
irrigation from the source of water supply intended for the irrigation of the district
and not more easily irrigable from another source, nor shall any lands be included
within said district which are not susceptible of irrigation from the source of supply
intended for the district, or which are already irrigated, or which can be more easily
irrigated from another source.

(3) Objection to such exclusions or inclusions, or the order fixing the
territorial extent and boundaries of the district, shall be made in writing by the
interested landowners, on or before such date of hearing or adjournment thereof,
and an appeal from such adverse determination prosecuted to the district court of
the county wherein such hearing is had, as in the case of appeals from disallowance
of claims, insofar as applicable, within fifteen days from such determination. No
such appeal having been prosecuted, the determination of the board of county
commissioners shall be deemed conclusive on such points.

Legislative History

Source: L. 21: p. 519, � 5. C.L. � 2061. CSA: C. 90, � 436. CRS 53: � 149-2-5. C.R.S. 1963: � 150-2-5.