(1) (a) At any time after the
filing of a petition for the organization of a conservancy district having a valuation
for assessment of irrigated land within the proposed district, together with
improvements thereon, of twenty million dollars or more, a petition protesting the
creation of said district may be filed in the office of the clerk of the court wherein
the proceeding for the creation of said district is pending. Such protesting petition
shall be filed at least thirty days prior to the time fixed by order of court for the
hearing upon the petition to create such district, and not thereafter.
(b) Any such protesting petition shall be signed by either: Not fewer than
fifteen hundred owners of the irrigated lands in said proposed district, but not
embraced within the incorporated limits of a city or town, the aggregate valuation
for assessment of which, together with improvements, is not less than two million
dollars and also signed by not fewer than five hundred owners of nonirrigated land
or lands embraced in the incorporated limits of a city or town, all such situated
within the proposed district, the aggregate valuation for assessment of which,
together with improvements, is not less than one million dollars; or owners of
property subject to ad valorem taxes within the proposed district, regardless of
number, the aggregate valuation for assessment of which property is more than
fifty percent of the total valuation for assessment of all property subject to ad
valorem taxes within the proposed district.
(c) The signers of any such protesting petition shall state therein a
description of the taxable property owned by each, the value thereof as shown by
the last preceding assessment, and that they did not sign the petition for creating
the proposed district.
(2) (a) At any time after the filing of a petition for the organization of a
conservancy district having a valuation for assessment of irrigated land within the
proposed district, together with improvements thereon, of less than twenty million
dollars, a petition protesting the creation of said district may be filed in the office of
the clerk of the court wherein the proceeding for the creation of said district is
pending. Such protesting petition shall be filed at least thirty days prior to the time
fixed by order of court for the hearing upon the petition to create said district, and
not thereafter.
(b) Any such protesting petition shall be signed by either: Not fewer than
twenty-five percent of the owners of the irrigated lands within said proposed
district not embraced within the incorporated limits of a city or town and also
signed by not fewer than five percent of owners of nonirrigated lands or lands
embraced in the incorporated limits of a city or town, all situated within the
proposed district; or owners of property subject to ad valorem taxes within the
proposed district, regardless of number, the aggregate valuation for assessment of
which property is more than fifty percent of the total valuation for assessment of all
properties subject to ad valorem taxes within the proposed district.
(c) The signers of any such protesting petition shall state therein a
description of the taxable property owned by each, the value thereof as shown by
the last preceding assessment, and that they did not sign the petition for creating
the proposed district.
(3) In the event a petitioner signs such petition both as owner of irrigated and
nonirrigated land situated within a municipality, his name shall be counted only as
an owner of irrigated lands.
(4) (a) Upon the filing of any petition either for or against creation of a
district, it is the duty of the clerk of the court to make as many certified copies
thereof, including the signatures thereto, as there are counties in which any part of
said district extends.
(b) The court shall thereupon order the mailing of such copies to the
appropriate county treasurers, which order shall include directions to the county
treasurers to certify by a day certain such information contained in their official
files as the court may deem necessary to resolve the issues of property ownership
and valuation for assessment raised in or incidental to the petitions as filed.
(5) (a) Upon the day set for the hearing upon the original petition, if it
appears to the court from the information furnished by the county treasurers, and
from such other evidence as may be adduced by any party in interest, that a
protesting petition is not signed by the requisite number of owners of lands and of
the requisite values, as applicable, the court shall thereupon dismiss said
protesting petition and shall proceed with the original hearing as provided in this
section.
(b) If the court finds from the evidence that a protesting petition is signed by
the requisite number of owners of lands and of the requisite values, as applicable,
the court shall order an election on the question of the formation of the district in
accordance with the procedure set forth in sections 37-45-139 to 37-45-141. The
court shall exercise all functions which are the responsibility of the board of
directors of a water conservancy district as set forth in said sections.
(c) The finding of the court upon the question of total valuation, the
genuineness of the signatures, and all other matters of law and fact incident to
such determination shall be final and conclusive on all parties and interests
whether appearing or not.
(6) (a) Any owner of real property in said proposed district not having
individually signed a petition for the organization of a conservancy district may file
objection to the organization and incorporation of the district. Such objection shall
be limited to a denial of the statements in the petition.
(b) The owner of any real property, or interest therein subject to ad valorem
taxation, within the proposed district may file a petition with the court stating
reasons why said property should not be included therein and praying that said
property be excluded therefrom. Such reasons may include, but shall not be limited
to, the absence of benefit to the said property derived from the proposed district
and the fact that the exclusion will not interfere with the purposes of the proposed
district. Such petition shall be duly verified and shall describe the property sought
to be excluded. The court shall hear said petition and all objections thereto at the
time of the hearing on the petition for organization as an advanced matter and shall
determine whether said property should be excluded or included in said district. A
final order of the court shall be entered on a petition for exclusion prior to and
separately from any final order granting or dismissing the petition for the
organization of the district.
(c) Any petitions or objections filed under paragraph (a) or (b) of this
subsection (6) shall be filed at least thirty days prior to the time fixed by order of
court for hearing upon the petition to create said district and not thereafter.
(6.5) (a) The only objections or protesting petitions allowed in the case of a
petition for an election under section 37-45-109 (2.5) shall be those filed under
paragraph (b) of subsection (6) of this section and those which protest that such
petition for an election has not been signed and presented in compliance with said
section.
(b) In the event that a petition is amended to request an election, any
protesting petitions not allowed under paragraph (a) of this subsection (6.5) shall
be dismissed by the court and the proceedings continued as provided in section 37-45-109 (2.5).
(6.6) Any petition originally filed under section 37-45-109 (1) or (2) may, at
any time, be amended to request an election on the question of the organization of
the district as provided in section 37-45-109 (2.5) if the original petition stated that
it may be used in the alternative to request an election on the question of the
organization of the district. Any such amended petition shall then conform with the
petition requirements of section 37-45-109 (2.5), and any signers to the petition
originally filed shall be considered valid signers on the amended petition so long as
such signers meet the requirements of section 37-45-109 (2.5).
(7) Upon said hearing on a petition filed under section 37-45-109 (1) or (2), if
it appears that the petition for the organization of a water conservancy district has
been signed and presented in conformity with this article, and that the allegations
of the petition are true, and that no protesting petition has been filed, or if filed has
been dismissed, by order duly entered of record, the court shall adjudicate all
questions of jurisdiction, declare the district organized, and give it a corporate
name, by which in all proceedings it shall thereafter be known, and thereupon the
district shall be a political subdivision of the state of Colorado and a body corporate
with all the powers of a public or municipal corporation.
(8) In such decree the court shall designate the place where the office or
principal place of business of the district shall be located, which shall be within the
corporate limits of the district and which may be changed by order of court from
time to time. The regular meetings of the board shall be held at such office or place
of business but for cause may be adjourned to any other convenient place. The
official records and files of the district shall be kept at the office so established.
(9) If the court determines that a petition for organization of a water
conservancy district has not been signed and presented in conformity with this
article or that the material facts are not as set forth in the petition, the court shall
allow the petitioner thirty days within which to cure any defects as provided in
section 37-45-109 (4) or to amend the petition as provided in subsection (6.6) of this
section to request an election on the question of organizing the district. Any such
amendment of a petition shall be valid if amended within said thirty days. If after
said thirty days any defects are not cured or the petition is not so amended, the
court shall dismiss the proceedings and adjudge the costs against the signers of
the petition in such proportion as it deems just and equitable. No appeal or other
remedy shall lie from an order dismissing said proceeding; but nothing in this
section shall be construed to prevent the filing of a subsequent petition for similar
improvements or for a similar water conservancy district, and the right to renew
such proceeding is expressly granted and authorized.
(10) If an order is entered establishing the district, such order shall be
deemed final and no appeal or other remedy shall lie therefrom, and the entry of
such order shall finally and conclusively establish the regular organization of the
district against all persons except the state of Colorado, in an action in the nature
of quo warranto, commenced by the attorney general within three months after said
decree, declaring such district organized as provided in this article, and not
otherwise. The organization of such district shall not be directly nor collaterally
questioned in any action or proceeding except as expressly authorized in this
article.
(11) Nothing in this article shall be construed to affect districts organized
prior to May 10, 1939, under the provisions of this article.