§ 37-43-181 — Notice of hearing

Colorado § 37-43-181

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

Text

(1) After the filing of said petition, the court
shall thereupon enter an order fixing a day certain for the hearing of said petition,
said date not to be less than forty-five days from the date on which said petition
was filed. Immediately upon making such order by the district court, the clerk of
said court shall issue a notice of such order, in the nature of a summons, under the
hand and seal of the court, notifying all persons in interest of the contents of said
order. Said notice shall be served in the same manner as provided for the service of
summons under the Colorado rules of civil procedure or by publication thereof once
a week for three successive weeks in a newspaper, to be designated by the court, of
general circulation published in the county where such court is held, or, if there is
no such newspaper in said county, publication of said notice shall be in a newspaper
designated by the court.

(2) Service of said published notice shall be deemed complete at the
expiration of ten days after the last publication of said notice, at which time the
court shall be vested with complete jurisdiction over the subject matter of such
petition and all of the parties in any manner concerned or affected by it. Before the
time of completion of service of notice, any person interested in the subject matter
of said petition may appear in and contest the same in the same manner as in civil
actions under the Colorado rules of civil procedure. The nonappearance of any
bondholder concerned at the time of the hearing of said petition, or prior thereto,
shall be considered as his consent to the granting of such petition and all
proceedings had thereon. All proceedings upon such petition shall be considered as
in the nature of proceedings in rem, and the court has power to make any proper
orders affecting the rights of all parties concerned.

Legislative History

Source: L. 51: p. 520, � 3. CSA: C. 90, � 555(14). CRS 53: � 149-3-80. C.R.S. 1963: � 150-3-80.