§ 37-42-134 — Inclusion of land in district

(1) Landowners representing a
majority of the acreage of any tracts of land susceptible of irrigation from the
system of any irrigation district already organized may present their petition to the
board of directors of such irrigation district, praying that such lands be included
within the district. Such petition shall describe each tract of land sought to be
included within such district and give the name of the owner thereof. It shall be
accompanied by a map prepared by a competent civil engineer, showing the
proposed method of irrigation of the land involved and the susceptibility of its
irrigation from the system of such district. Upon the filing of such petition, it is the
duty of the secretary of such district to cause notice thereof to be published, at the
expense of such petitioners, once each week for three successive weeks in a
newspaper designated by the board and of general circulation within such district
and to set said petition down for hearing before the board at its next regular
meeting after the last of such publications.

(2) At the date set for hearing, such board shall proceed to hear said petition
and any objections thereto that have been offered in writing by any landowner of
the district or other interested person and may allow or reject said petition in whole
or in part in its discretion. As a condition precedent to the granting of such petition,
the board of directors shall require the payment into the bond fund of such amount,
as nearly as the same can be estimated, as such land as is included by its order
would have been assessed on account of such fund if it had been in such district
from the date of its organization and, in addition, may require such further
payments as it considers just and equitable to be paid into the general fund; but, in
case any unentered public land is so included within any irrigation district, such
payment shall be assessed against such lands on the records of the district and
collected in the manner authorized by the act of congress of August 11, 1916.

(3) 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 unless the
secretary of the interior assents thereto in writing and such assent is filed with the
board of directors. Upon such assent any lands excluded from the district shall be
discharged from all liens in favor of the United States under a contract with the
United States.

Legislative History

Source: L. 21: p. 550, � 34. C.L. � 2090. CSA: C. 90, � 465. CRS 53: � 149-2-34. C.R.S. 1963: � 150-2-34. L. 91: (1) and (2) amended, p. 895, � 29, effective June 5.