§ 37-43-163 — Decree of court

Colorado § 37-43-163

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Irrigation Districts of 1905 and 1921

Text

(1) The court in its decree shall have power to
make the orders necessary to carry out said proposition or plan for the liquidation
of the indebtedness and distribution of the property of said district, including the
right to apportion any indebtedness found due, and to declare said portions of any
said indebtedness liens upon the various parcels and lots of land within the district,
and may decree a sale or exchange of its assets in such manner as may effectuate
said proposition, as the said court may judge best, and as, in the opinion of the
court, provides an adequate security for the ultimate payment or complete
liquidation of all the indebtedness of said district. Said sale or exchange of said
assets may be made either in one lot or in such parcels as may be provided, and the
decree may provide for conveyance of said irrigation system, including the dams,
reservoirs, canals, franchises, and water rights, and also of all of the other assets of
the district and for the exchange thereof for outstanding indebtedness and the
cancellation of such indebtedness. Said court may also provide by decree for the
ultimate payment of all or any part of the indebtedness of said district by directing
a continuance of the levy and assessment of taxes upon the lands included in said
district in the manner provided by the laws of this state in relation to irrigation
districts.

(2) At any time prior to the actual execution of the proposed plan for
dissolution, whether before or after entry of the decree, the proceeding for
approval of such plan may be dismissed by the court and such dissolution may be
abandoned when it is made to appear to the court that a majority of the qualified
electors of the irrigation district have voted for the dismissal of such proceeding
and abandonment of such proposed dissolution at an election regularly held for the
purpose of voting on such question and that such dissolution plan and proceeding
can feasibly and equitably be abandoned and dismissed at that time. Notice of such
election shall be given in the same manner and for the same time as notice of
election of directors of an irrigation district under the laws of the state of Colorado,
and such notice shall specify the time of holding the election and the matter to be
voted upon. Such election shall be held and the result thereof determined and
declared in all respects as nearly as practicable in conformity with the provisions
governing the election of directors in irrigation districts. The court in its decree
dismissing any such proceeding under the provisions of this subsection (2) has the
power to make all orders necessary to effectuate the abandonment of such
dissolution plan and the continuation of such irrigation district.

Legislative History

Source: L. 15: p. 311, � 8. C.L. � 2042. CSA: C. 90, � 540. CRS 53: � 149-3-62. L. 63: p. 1007, � 1. C.R.S. 1963: � 150-3-62.