Colorado § 37-43-159 Determination of validity of dissolution

Colorado Statutes

§ 37-43-159 — Determination of validity of dissolution

Colorado § 37-43-159

Title 37Water and

Art.Irrigation Districts of 1905 and 1921

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Bluebook

Colo. Rev. Stat. § 37-43-159 (2026).

Text

(1)In case, upon the canvass of the 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 Dissolution of the District - Yes, then the board of directors shall 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 and of the proposed plan for the dissolution of such district. Such action 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 the proceeding at least once a week for three weeks in some newspaper of general circulation published in the county where the action is pending; but if the distric

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(1) In case, upon the
canvass of the 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 Dissolution of the District - Yes, then the board of directors shall 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 and of the proposed plan for the
dissolution of such district. Such action 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 the proceeding at least once a week for three weeks in some
newspaper of general circulation published in the county where the action is
pending; but if the district is situate in more than one county, then the publication
shall be made in one newspaper in each county wherein the same is situate, such
newspaper to be designated by the court having jurisdiction of the procedure. The
court may provide for notice by posting the same not less than thirty days before
the date set for the hearing of 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.

(2) The notice may be directed as follows:

To all holders of indebtedness of the .............. irrigation district (insert the
name of the district sought to be dissolved), to all landowners within said district,
and to all others interested in the proposed dissolution of the said irrigation
district, and said notice shall state the filing of the 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 said petition is to obtain the dissolution of said
irrigation district, and shall give the date set by the court for the hearing of said
petition.

(3) At the time set for the hearing of said petition, anyone interested may
appear and contest the validity of the proceedings already had, and of the plan
proposed for the dissolution of said district or any portion thereof, including the
validity of any portion of the indebtedness set out in said petition. The court shall
determine the amount of the 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.

(4) Any party shall have the right of appellate review, as provided by law and
the Colorado appellate rules, at any time within thirty days after the entering of
final judgment, and the case shall be heard and determined by an appellate court of
the state within three months after taking the appeal. Unless appeal is made within
such thirty days, the decree entered in said cause shall be final and binding upon all
parties interested in said district, whether as officers, electors, landowners,
creditors, or otherwise.