§ 37-90-124 — Election on organization

(1) If, after the completion of the
hearing on the feasibility of the organization of a district, it is determined that such
district shall be organized, the commission shall forthwith make an order allowing
the prayer of the petition, and, by order duly entered upon its record, shall call an
election of the taxpaying electors in the district for the purpose of determining
whether such district shall be organized, and shall set the date for such election.

(2) The commission shall thereupon publish a notice, the final publication to
be not less than ten days nor more than thirty days immediately preceding the
election, which notice shall state: The fact of filing of the petition; in summary form,
the information required by section 37-90-121 (1) to be included in the petition; that
an election will be held to decide the question of organization of the proposed
district; the date of such election; the polling places at which such election is to be
held; the qualifications of those eligible to vote at such election; and the specific
question to be submitted.

(3) The commission shall appoint three taxpaying electors of the district as
judges for each designated polling place. The election shall be held and conducted
as nearly as may be in the same manner as general elections in this state. There
shall be no special registration for such election, but, for the purpose of
determining qualifications of electors, the judges shall be permitted to use the last
official registration lists of electors residing in the district and a certified list of
taxpayers in the district prepared by the county treasurer and, in addition, may
require the execution of an affidavit concerning the qualification of any such
taxpaying elector to vote.

(4) At such election the voters shall vote for or against the organization of
the district. The judges of each polling place shall certify the returns of the election
to the ground water commission. If a majority of votes cast at said election are
against the organization of the district, the commission shall forthwith dismiss the
petition, and no election shall be held on the original petition or another petition for
organization of the same district within one year of such dismissal.

(5) If a majority of the votes cast at said election are for the organization of
said district, the commission, by order duly entered of record, shall declare the
district organized, define the boundaries thereof, and give it the corporate name
designated in the petition by which in all proceedings it shall thereafter be known
and designate the members of the first board of directors, as named in the
organization petition and the districts they represent. Thereupon the district shall
be a governmental subdivision of the state of Colorado and a body corporate with
all the powers of a public or quasi-municipal corporation.

Legislative History

Source: L. 65: R&RE, p. 1259, � 1. C.R.S. 1963: � 148-18-23. L. 67: p. 276, � 7.