(1)In case, upon the canvass
of a vote at such election, it is found and declared by said board of directors that a
majority of the votes cast at such election have been cast in favor of selling all or
part of the dams, reservoirs, canals, franchises, water rights, and other property of
the district, then said board of directors may file a petition in the district court of
the county wherein is located the office of such board to determine the validity of
the proceedings had for the sale of the dams, reservoirs, canals, franchises, water
rights, and other property of such district. The same petition shall set forth the
same facts required to be given in the notice of election.
(2)Such actions shall be in the nature of a proceeding in rem and jurisdiction
of all parties interest
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(1) In case, upon the canvass
of a vote at such election, it is found and declared by said board of directors that a
majority of the votes cast at such election have been cast in favor of selling all or
part of the dams, reservoirs, canals, franchises, water rights, and other property of
the district, then said board of directors may file a petition in the district court of
the county wherein is located the office of such board to determine the validity of
the proceedings had for the sale of the dams, reservoirs, canals, franchises, water
rights, and other property of such district. The same petition shall set forth the
same facts required to be given in the notice of election.
(2) Such actions shall be in the nature of a proceeding in rem and jurisdiction
of all parties interested may be had by publication of a notice of the pendency of
such action at least once a week for three weeks in some paper of general
circulation published in the county and district where the action is pending; except
that if the district is situated in more than one county, then the publication shall be
made in one newspaper in each county where the district is situated, said
newspapers to be designated by the judge of the court having jurisdiction of the
proceedings; or the court may provide for notice by posting not less than thirty days
before the date set for hearing such petition in any county where no newspaper is
published. Jurisdiction shall be complete in thirty days after the posting or last
publication of such notice.
(3) Such notice shall be directed as follows:
To all holders of indebtedness of the .............. irrigation district (inserting the
name of the district whose property is to be sold, etc.); to all landowners within said
district, and to all others interested in the proposed sale of the dams, reservoirs,
canals, franchises, water rights, and other property of said irrigation district, and
said notice shall state the filing of said petition by the board of directors, the date
of filing said petition, and the court in which filed, and shall further state that the
object of such petition is to obtain the sale of said dams, reservoirs, canals,
franchises, water rights, and other property of the district briefly described in the
same, and shall give the date set by the court for the hearing of said petition.
(4) At or before the time set for the hearing of said petition, anyone
interested may appear and file written objections to such petition, and may at the
time set for the hearing of said petition appear and contest the validity of the
proceedings already had, and of the plan proposed for the sale of the dams,
reservoirs, canals, franchises, water rights, and other property of the district or any
portion thereof, including the validity of any portion of the indebtedness set out in
said petition. At the one hearing the court shall determine the amount of
indebtedness of said district, and may determine the validity of any portion thereof,
and in said proceeding may adjust and determine the rights and liabilities of all
parties, and decree an adoption and execution of the proposed plan. Such action
shall be speedily tried and judgment rendered. At the hearing the court shall hear
and determine the regularity, legality, and correctness of all proceedings and in
doing so shall disregard any error, irregularity, or omission which does not affect
the substantial rights of the parties.
(5) The rules of pleading and practice in the Colorado rules of civil procedure
and in the Colorado appellate rules not inconsistent with the provisions of sections
37-43-124 to 37-43-130 are made applicable to the proceedings provided in this
section. Any party shall have the right to appellate review, as provided by law and
the Colorado appellate rules, within ninety days after the entering of final decree
by the district court and the case shall be advanced on the docket of the appellate
court and disposed of with all convenient speed. Unless appellate review is so
pursued, the decree entered in said case by the district court shall be final and
binding upon all parties interested in said district, whether as officer, electors,
landowners, creditors, or otherwise. The costs of any contest may be allowed and
proportioned between the parties or taxed to the losing party, in the discretion of
the court, and no contest of any matter or thing provided for in this section shall be
made other than in the time and manner specified in this section.