§ 37-44-102 — Petition - establishment of an internal improvement district

(1)
For the purpose of the establishment of an internal improvement district, as
provided for by this article, a petition shall be filed in the office of the clerk of the
district court of the county which embraces the largest acreage of the proposed
district, which district court is hereby vested with full jurisdiction to hear said
petition and to establish such internal improvement district.

(2) Such petition shall state that it is the purpose of the petitioners to
organize an internal improvement district; shall contain a general description of the
boundaries of such proposed internal improvement district, the means proposed to
supply storage water for the irrigation of lands embraced therein or of preventing
floods, regulating streams and channels, regulating the flow of streams, and
protecting public and private property from inundation or the means of supplying
storage water and flood protection to the lands proposed to be included within said
internal improvement district as necessary, and the name proposed for such
internal improvement district; and shall name a committee of five of the petitioners
to present such petition to the district court praying that the district court define
and establish the boundaries of said proposed internal improvement district and
submit the question of the final organization of the same to the vote of the qualified
electors of said district.

(3) The petition shall be signed by a majority of the owners of the land within
the limits of the territory proposed to be organized into such district, who shall have
all the qualifications of electors provided for under section 37-44-105. The petition
shall also be accompanied by a good and sufficient bond to be approved by the
clerk of said district court, in an amount to be fixed by the court, conditioned for the
payment of all costs incurred in such proceeding in case such organization shall not
be effected, but in case such district is effected, then such expenses incurred in the
organization thereof shall be paid by said district.

(4) In the event the proposed district intends to acquire or maintain any such
drainage system, the said petition shall also set forth:

(a) In general terms, a description of the area proposed to be drained or
benefited;

(b) A general description of the means to be adopted to effect such
drainage;

(c) A statement of the proposed means of financing the construction of the
necessary drainage works;

(d) An estimate of the probable annual expense of maintaining such drainage
system;

(e) A general statement of the reasons why the construction and the
maintenance of such drainage system would inure to the benefit of the irrigated
lands included within the proposed district.

(5) Such petitions shall be published for at least four weeks before the time
at which the same is to be presented in some newspaper of general circulation and
published in each county into which any part of the proposed district extends,
together with a notice signed by the committee of said petitioners selected by the
petition for that purpose, giving the time and place of the presentation of the same
to said district court.

Legislative History

Source: L. 23: p. 484, � 1. L. 35: p. 948, � 1. CSA: C. 138, � 17. CRS 53: � 149-5-1. C.R.S. 1963: � 150-4-1.