§ 37-42-138 — Confirmation of organization and bonds

Colorado § 37-42-138

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Irrigation District Law of 1921

Text

(1) The board of
directors of any irrigation district organized under this article at any time may file a
petition in the district court of the county wherein is situated the office of such
district praying for a judicial examination and determination of the question of the
validity of the organization of the district, or of any bonds issued, whether sold or
not, or of any assessment levied, or of any order, act, proceeding, or contract of said
district. Such petition shall set forth the facts whereon the validity of such
organization or of such bonds, assessment, order, act, proceeding, or contract is
founded and shall be verified by a member of the board.

(2) Thereupon a notice in the nature of a summons shall issue under the hand
and seal of the clerk of said court, directed to all landowners, creditors, or other
persons interested in said district, naming it, which designation shall be deemed
sufficient to give the court jurisdiction of all matters and parties involved and
interested. Service shall be obtained by publication of such notice as in the case of
publication of summons in an action to quiet title to real property. Any landowner,
creditor, or other interested person may move to dismiss or answer said petition
within the time allowed therefor. All persons filing motions to dismiss or answers
shall be entered as defendants in said cause and their several defenses
consolidated for hearing or trial.

(3) Upon hearing, the court shall examine into all matters and things
affecting the validity of the matter in controversy, shall make a finding with
reference thereto, and shall enter judgment and decree as the case warrants. In
reaching its conclusions in such causes, the court shall follow a liberal
interpretation of the law and shall disregard informalities or omissions not affecting
the substantial rights of the parties, unless it is affirmatively shown that such
informalities or omissions led to a different result than would have been otherwise
obtained. The Colorado rules of civil procedure shall govern matters of pleading
and practice as nearly as may be. Costs may be assessed or apportioned among
contesting parties in the discretion of the trial court. Review of judgments of the
district court by an appellate court may be had as in other civil causes.

Legislative History

Source: L. 21: p. 553, � 38. C.L. � 2094. CSA: C. 90, � 469. CRS 53: � 149-2-38. C.R.S. 1963: � 150-2-38.