§ 41-3-724 — Protesting creation

(a) At any time after the filing of a petition for the
organization of a conservancy district, and not less than thirty
(30) days prior to the time fixed by the order of court for the
hearing upon said petition, and not thereafter, a petition may
be filed in the office of the clerk of the court wherein the
proceeding for the creation of said district is pending, signed
by not fewer than twenty percent (20%) of the owners of or
entrymen on the irrigated lands, or lands susceptible of
irrigation under the works proposed for construction, to be
included in said proposed district, but not embraced within the
incorporated limits of a city or town, who have not signed the
petition for creating such district, and each tract (or tracts),
of land shall be listed opposite the name of the signer, each
such tract (or tracts), together with the improvements thereon,
to have an assessed valuation of not less than one hundred
dollars ($100.00) and also signed by not fewer than five percent
(5%) of owners of nonirrigated lands and/or lands embraced in
the incorporated limits of a city or town, all situated in the
proposed district who have not signed the petition for creating
such district, and each tract (or tracts) of land shall be
listed opposite the name of the signer, each such tract (or
tracts), together with improvements thereon, to have an assessed
valuation of not less than one hundred dollars ($100.00),
protesting the creating of said district. The signers of said
protesting petition shall state therein the land owned by each,
and shall also state the value thereof as shown by the last
preceding assessment.
(b) In the event a petitioner shall sign such petition
both as owner of irrigated or irrigable and nonirrigated land or
lands situated within a municipality his name shall be counted
only as an owner of irrigated or irrigable lands.
(c) Upon the filing of such protesting petition, it shall
be the duty of the clerk of the court forthwith to make as many
certified copies thereof, including the signatures thereto, as
there are counties in which any part of said proposed district
extends, and forthwith to place in the hands of the county
assessor of each of such counties one (1) of said certified
copies; and likewise, one (1) of said certified copies shall be
forwarded promptly to the state engineer at his office in
Cheyenne, Wyoming. Thereupon it shall be the duty of each of
such county assessors to determine from the assessment records
of his county in his hands, and to certify to the said district
court under his official seal, prior to the day fixed for the
hearing as aforesaid, the total assessed valuation of the
several tracts of land listed in the protest, situated in said
proposed district within his county. Upon the day set for the
hearing upon the original petition, if it shall appear to the
court from such certificate, or certificates, and from such
other evidence as may be adduced by any party in interest, that
said protesting petition is not signed by the requisite number
of owners of lands and of the requisite value as herein set
forth, the court shall thereupon dismiss said protesting
petition and shall proceed with the original hearing as in this
section provided.
(d) If the court shall find from the evidence that said
protesting petition is signed by the requisite number of owners
of lands, and of the requisite values, the court shall forthwith
dismiss the original petition praying for the creation of the
district. The finding of the court upon the question of such
total valuation, the genuineness of the signatures, and all
matters of law and fact incident to such determination shall be
final and conclusive on all parties in interest whether
appearing or not.
(e) Any owner, whether individual or corporate, of real
property in said proposed district not having individually
signed a petition for the organization of a conservancy
district, and desiring to object to the organization and
incorporation of said district, may, on or before the date set
for the cause to be heard, file objection to the organization
and incorporation of the district.
(f) Such objection shall be limited to a denial of the
statements in the petition and shall be heard by the court as an
advanced case without unnecessary delay.
(g) Upon the said hearing, if it shall appear that a
petition for the organization of a water conservancy district
has been signed and presented, as hereinabove provided, in
conformity with this act and that the allegations of the
petition are true, and that no protesting petition has been
filed, or if filed has been dismissed as hereinabove provided,
and the state engineer has not objected to the petition or any
part thereof, or his objections have not been sustained, the
court shall, by order duly entered of record, adjudicate all
questions of jurisdiction, declare the district organized and
give it a corporate name, by which in all proceedings it shall
thereafter be known, and thereupon the district shall be a
political subdivision of the state of Wyoming and a body
corporate with all the powers of a public or municipal
corporation.
(h) In such decree the court shall designate the place
where the office or principal place of business of the district
shall be located, which shall be within the corporate limits of
the district, and which may be changed by order of court from
time to time. The regular meetings of the board shall be held at
such office or place of business, but for cause may be adjourned
to any convenient place. The official records and files of the
district shall be kept at the office so established.
(j) If the court finds that no petition has been signed
and presented in conformity with this act, or that the material
facts are not as set forth in the petition filed, it shall
dismiss said proceedings and adjudge the costs against the
signers of the petition in such proportion as it shall deem just
and equitable. No appeal or writ of error shall lie from an
order dismissing the said proceeding; but nothing herein shall
be construed to prevent the filing of a subsequent petition or
petitions for similar improvements or for a similar water
conservancy district, and the right so to renew such proceeding
is hereby expressly granted and authorized.
(k) If an order be entered establishing the district, such
order shall be deemed final and no appeal or writ of error shall
lie therefrom, and the entry of such order shall finally and
conclusively establish the regular organization of said district
against all persons except the state of Wyoming, in an action in
the nature of a writ of quo warranto, commenced by the attorney
general within three (3) months after said decree declaring such
district organized as herein provided, and not otherwise. The
organization of said district shall not be directly nor
collaterally questioned in any suit, action or proceeding except
as herein expressly authorized.