§ 37-42-133 — Exclusion of land from district

(1) Any landowner desiring the
exclusion of any of his lands from an irrigation district organized under this article
shall present to the board of directors of such district his verified petition
describing such lands and praying their exclusion by order of such board. He shall
allege and show by certificate of the county clerk and recorder of the county
wherein such lands are situate that such lands are not subject to any bonded
indebtedness of such district and, by certificate of the county treasurer of such
county, that all levies for the general fund of said district have been paid upon said
lands. Whereupon, said board shall proceed to an examination of the matters
alleged in said petition as it sees fit and shall consider the advisability of such
exclusion. If it finds that such land is not burdened with any bonded indebtedness
of such district, and that all levies made thereon have been paid, or proper security
given for payment of such levies as are not yet payable, and that its exclusion from
the district would in no way damage or injure other lands of said district, it may
order such exclusion, and thereafter such lands shall be dropped from the lists of
district lands for all purposes; except that such exclusion shall in no way affect or
impair any of the rights or obligations of such district.

(2) The board of directors of an irrigation district is authorized to exclude any
lands situate in the district where the board believes that the exclusion of such
lands from such district would be in the best interest of other landowners in such
district. Such board may order such exclusion, and thereafter such lands shall be
dropped from the lists of district lands for all purposes; except that notice shall be
published first in a newspaper in said district or county thereof for a period of two
successive weeks, and, in the event there is no such newspaper published in such
district, such intended order shall be posted at the office of the district board and in
at least two other public places within the boundaries of said district, and notice
shall also be served upon the owners of the lands proposed to be excluded before
the making of such order. Proof of such posting and publication and also of such
notice having been served upon the landowner shall be duly made and recorded in
the minutes of the board of directors.

(3) However, when the district makes such an order, anyone having a water
privilege on such land so excluded shall be reimbursed for the value of such
privilege, and the owners of said lands shall have the right to appeal to the district
court of the judicial district in which such land is situate to have such order
reviewed and set aside, if improperly made. In case a contract has been made
between the district and the United States, no change shall be made in the
boundaries of the district, and the board of directors shall make no order changing
the boundaries of the district until the secretary of the interior assents thereto in
writing and such assent is filed with the board of directors.

Legislative History

Source: L. 21: p. 549, � 33. C.L. � 2089. CSA: C. 90, � 464. CRS 53: � 149-2-33. C.R.S. 1963: � 150-2-33.