§ 37-85-106 — Hearing - testimony - maximum rates

(1) The board of county
commissioners may adjourn or postpone any hearing from time to time as may be
found necessary or for the convenience of parties or of public business. It shall hear
and examine all legal testimony or proofs offered by any party interested
concerning the original cost and present value of works and structure of such ditch,
canal, conduit, or reservoir, the cost and expense of maintaining and operating the
same, and all matters which may affect the establishing of a reasonable maximum
rate of compensation for water to be furnished and delivered therefrom. It may
issue subpoenas for witnesses, which subpoenas shall be served by the sheriff of
the county, who shall receive the lawful fees for all such service; and said board
may also issue a subpoena for the production of all books and papers required for
evidence before it.

(2) Upon hearing and considering all the evidence and facts and matters
involved in the case, said board of county commissioners shall enter an order
describing the ditch, canal, conduit, reservoir, or other work in question with
sufficient certainty and fixing a just and reasonable maximum rate of compensation
for water to be thereafter delivered from such ditch or other work within the county
in which such board of county commissioners acts, and such rate shall not be
changed within two years from the time when it is so fixed, unless upon good cause
shown. The district court of the proper county in case of refusal to obey the
subpoena of the board of county commissioners may compel obedience thereto or
punish for refusal to obey, after hearing, as in cases of attachment, for contempt of
such district court.

Legislative History

Source: L. 1887: p. 293, � 4. R.S. 08: � 3268. C.L. � 1745. CSA: C. 90, � 143. CRS 53: � 147-8-5. C.R.S. 1963: � 148-8-5.