§ 38-6-202 — Petition

Colorado § 38-6-202

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Proceedings by Cities and Towns

Text

(1) The attorney for any municipality, in the name of said
municipality, shall apply to the district court of the district in which the municipality
is situated, by petition, which petition shall set forth the general nature of the
improvement proposed to be established or made, a correct description of the
water right required, the name of the owner of the water right, and those persons
who may be damaged by the acquisition of the water right. Said petition shall pray
for the appointment of three disinterested commissioners appointed by the court of
jurisdiction, freeholders of real estate in Colorado, one to be a resident from the
area affected by the proposed action, one to be a resident of the municipality
bringing the action, and one to be a party who has no interest in the controversy, to
determine the issue of the necessity of exercising eminent domain as proposed in
the petition and, if the condemnation is to be allowed, to appraise and award the
damages that each person damaged may sustain by reason of the appropriation and
condemnation of the water right by the municipality and to perform such other
duties as are in this part 2 enumerated.

(2) No municipality shall be allowed to condemn water rights, as provided in
section 38-6-207, for any anticipated or future needs in excess of fifteen years, nor
shall any municipality be allowed to condemn water rights that are appropriated to
a prior public use.

Legislative History

Source: L. 75: Entire part added, p. 1408, � 1, effective July 1.