§ 37-85-105 — Order fixing date of hearing

(1) At the time so fixed, all persons
interested, on either side of the controversy, in lands which may be irrigated from
such ditch, or other work, may appear by themselves, their agents, or their
attorneys, and said board of county commissioners shall then proceed to take
action in the matter of fixing such rates of compensation for the delivery of water;
but the applicant, if the application is made by a party desirous of procuring water,
within ten days from the time of entering the said order fixing the hearing, shall
cause a copy of such order, duly certified, to be delivered to the owner of such
ditch, canal, conduit, or reservoir, or to the president, secretary, or treasurer of the
company, if it is owned by a corporation or association having such officers. If such
owner cannot be found, a copy shall be left at his usual place of abode, with some
person residing there over twelve years of age; and, if such officer of any
corporation or association cannot be found, such copy shall be left at the usual
place of business of the company of which he is such officer or at his residence if
such company has no place of business; and, if such ditch or other work is owned by
several owners not being an incorporated company, it shall be sufficient to serve
notice by delivering copies to a majority of them.

(2) If the applicant is the owner or party controlling such ditch, canal,
conduit, or reservoir, such notice shall be given by causing printed copies of such
order in handbill form, in conspicuous type, to be posted securely in ten or more
public places throughout the district watered from such ditch, or other work, if the
water is used for irrigation, and one copy shall be posted for every mile in length of
such ditch; but, if such ditch, or other work, is for the supply of water for milling or
mining, it shall be sufficient to serve such copy on the parties then taking water
therefrom. The person making such service or posting such printed copies shall
make affidavit of the manner in which the same has been done, which affidavit shall
be filed with the said board of county commissioners.

(3) Depositions mentioned in section 37-85-104, to be used before the board
of county commissioners, shall be taken before any officer in the state authorized
by law to take depositions, upon reasonable notice being given to the opposite
party of the time and place of taking the same.

Legislative History

Source: L. 1887: p. 292, � 3. R.S. 08: � 3267. C.L. � 1744. CSA: C. 90, � 142. CRS 53: � 147-8-4. C.R.S. 1963: � 148-8-4.