§ 37-45-120 — Subdistricts

(1) Subdistricts may be organized upon the petition
of the owners of real property, within or partly within and partly without the district,
which petition shall fulfill the same requirements concerning the subdistricts as the
petition outlined in section 37-45-109 is required to fulfill, concerning the
organization of the main district, and shall be filed with the clerk of the court, and
shall be accompanied by a bond as provided for in section 37-45-110. All
proceedings relating to the organization of such subdistricts shall conform in all
things to the provision of this article relating to the organization of districts; except
that not more than a majority of the owners of lands, having one-half or more of the
aggregate valuation for assessment of the lands in the proposed subdistrict, shall
be required to sign the petition for the creation of a subdistrict and not more than
twenty-five percent of the owners of lands in the proposed subdistrict shall be
required to sign the protesting petition against the creation of such subdistrict.

(2) Whenever the court declares and decrees by its order duly entered of
record such subdistricts to be organized, the clerk of said court shall thereupon
give notice of such order to the directors of the district who shall thereupon act
also as directors of the subdistrict. Thereafter, the proceedings in reference to the
subdistrict in all matters shall conform to the provisions of this article; except that,
in the appraisal of benefits for the purpose of such subdistricts, in the issuance of
bonds, in levying of assessments, and in all other matters affecting only the
subdistrict, the provisions of this article shall apply to the subdistrict as though it
were an independent district, and it shall not in these things be amalgamated with
the main district.

(3) The petition for organization of a subdistrict shall also contain a
statement of the amount or quantity of water for which said subdistrict desires to
acquire the perpetual use and the amount of money that said subdistrict is willing
to pay therefor, and, prior to the entry of its decree organizing any territory into a
subdistrict, the court shall obtain the verified consent of the board to furnish such
perpetual use of water for the purposes therein specified to such subdistrict at a
price and upon the terms mentioned in the petition. The court shall then be
authorized to enter its decree of organization of such subdistrict.

Legislative History

Source: L. 37: p. 1331, � 14. CSA: C. 173B, � 28. CRS 53: � 149-6-15. C.R.S. 1963: � 150-5-15.