§ 37-6-101 — Lands in more than one district

(1) The same land may be
included in more than one district and be subject to the provisions of articles 1 to 8
of this title for each district in which it may be included; but no district shall be
organized under articles 1 to 8 of this title in whole or in part within the territory of a
district already organized under said articles until the court having jurisdiction of
the original conservancy district determines, upon application, whether the
purposes of said articles will best be accomplished by the organization of an
additional district or whether such conditions demand that the territory proposed to
be organized into an additional district shall be organized as part of the existing
district. Such application shall fulfill all the requirements of a petition for a district
as set forth in section 37-2-102.

(2) Upon application, if the court determines that the organization of such
territory as a part of the original district should not be ordered, then proceedings
may be had before any court of competent jurisdiction for the formation of an
additional district in accordance with the provisions of articles 1 to 8 of this title.
Any person whose signature has been subscribed to said application may within ten
days after such decision withdraw his signature therefrom, and if at the expiration
of said period there remain sufficient subscribers to said petition to satisfy the
requirements of section 37-2-102, and in case such court determines that the
territory described in such application, if organized for the purpose of a
conservancy district, should be included within the original district, like
proceedings shall thereupon be had with respect to the territory and the owners
thereof as in the case of a petition for the formation of a district. Upon the hearing,
if it appears that the purpose of articles 1 to 8 of this title would be subserved by
the organization of such territory as part of the original district, the court shall by
its findings, duly entered of record, enter a decree accordingly.

Legislative History

Source: L. 22: p. 64, � 59. C.L. � 9573. CSA: C. 138, � 184. CRS 53: � 30-6-1. C.R.S. 1963: � 29-6-1.