(1)Except as specified in section 37-46-114.5, before
any subdistrict is established under this article, a petition shall be filed in the office
of the clerk of the district court of the county in which the territory to be included in
the subdistrict, or the greater part of the territory is located, signed by the board of
directors of the district or by a majority of the owners of land located within the
limits of the territory proposed to be organized into a subdistrict.
(2)The petition shall set forth:
(a)The proposed name of said subdistrict, whether it shall be designated
Water Users' Association No. .... in the Colorado River Water Conservation District,
or Special Improvement District No. .... in the Colorado River Water Conservation
District;
(b)That property within t
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(1) Except as specified in section 37-46-114.5, before
any subdistrict is established under this article, a petition shall be filed in the office
of the clerk of the district court of the county in which the territory to be included in
the subdistrict, or the greater part of the territory is located, signed by the board of
directors of the district or by a majority of the owners of land located within the
limits of the territory proposed to be organized into a subdistrict.
(2) The petition shall set forth:
(a) The proposed name of said subdistrict, whether it shall be designated
Water Users' Association No. .... in the Colorado River Water Conservation District,
or Special Improvement District No. .... in the Colorado River Water Conservation
District;
(b) That property within the proposed subdistrict will be benefited by the
proposed reservoirs, ditches, canals, works, or other improvements and shall set
forth in a general way the nature and estimated cost thereof, together with a
general statement of the nature of the anticipated benefits to be derived therefrom;
(c) A full description of the territory to be included in the proposed
subdistrict. The description need not be given by metes and bounds or by legal
subdivision, but it shall be sufficient to enable a property owner to ascertain
whether his property is within the territory proposed to be organized in a
subdistrict. Such territory need not be contiguous, if it is so situated that the
organization as a single subdistrict of the territory described is such as to promote
one or more of the objectives of this article as to all parts of the area proposed to
be included.
(d) A general description of the methods proposed to finance the proposed
works or other improvements, whether by revenue warrants pledging the income
from the proposed works, special improvement bonds to be paid by special
assessments on the property benefited in an amount on each tract of land not in
excess of the appraised benefits, contracts of water users or water users'
associations creating liens or mortgages on lands within the subdistrict, or general
obligation bonds constituting a lien against the real property embraced in such
subdistrict, and which indebtedness shall never be an obligation of the district
itself. If general obligations are proposed, the petition shall allege and show that all
lands in the subdistrict will be benefited in an amount not less than the total
amount of general obligation bonds to be issued exclusive of interest.
(e) If such a petition is filed by the board of directors of the district, it shall
contain a statement to the effect that a majority of the landowners of the territory
in the proposed subdistrict petitioned the board of directors to organize said
subdistrict, and a copy of the petition of said landowners shall be attached as an
exhibit to the petition for organization of the subdistrict.
(f) The petition shall pray for the organization of a subdistrict by the name
proposed.
(3) To determine whether a majority of landowners in said district have
signed the petition, in the event the petition is signed by landowners, or have
petitioned the board of directors of the district, in the event the petition is filed by
the board of directors, the court may require the county treasurer of each county in
which territory proposed to be included in said subdistrict is situated to furnish a
certified list of names of landowners within said area, and the court shall be
governed by the names as they appear upon said copy of the tax roll, and the same
shall be prima facie evidence of ownership, and, if said tax roll shows a majority of
the landowners have signed the main petition or petitioned the district for said
organization, the same shall be considered as prima facie evidence that a majority
of said landowners are in favor of the organization of said proposed subdistrict.