§ 41-3-758 — Judicial examination and determination of board's powers

Wyoming § 41-3-758

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 3: WATER RIGHTS; ADMINISTRATION AND CONTROL
• Art. 7: WATER CONSERVANCY DISTRICTS

Text

The board may, in its discretion, at any time file a petition in
the court, praying a judicial examination and determination of
any power conferred hereby or by any amendment hereto or of any
tax or assessment levied or of any act, proceeding or contract
of the district, whether or not said contract shall have been
executed, including proposed contracts for the acquisition,
construction, maintenance and/or operation of works for the
district. Such petition shall set forth the facts whereon the
validity of such power, assessment, act, proceeding or contract
is founded and shall be verified by the president of the board.
Notice of the filing of said petition shall be given by the
clerk of the court, under the seal thereof, stating in brief
outline the contents of the petition and showing where a full
copy of any contract or contracts, therein mentioned, may be
examined. Said notice shall be served by publication in at least
five (5) consecutive issues of a weekly newspaper of general
circulation published in the county in which the principal
office of the district is located, and by posting the same in
the office of the district at least thirty (30) days prior to
the date fixed in said notice for the hearing on said petition.
Any owner of property in the district or person interested in
the contract or proposed contract may appear and demur to or
answer said petition at any time prior to the date fixed for
said hearing or within such further time as may be allowed by
the court; and the petition shall be taken as confessed by all
persons who fail so to appear. The said petition and notice
shall be sufficient to give the court jurisdiction and upon
hearing, the court shall examine into and determine all matters
and things affecting the question submitted, shall make such
findings, with reference thereto, and render such judgment and
decree thereon as the case warrants. Costs may be divided or
apportioned among the contesting parties in the discretion of
the trial court. Review of the judgment of the court may be had
as in other similar cases, except that such review must be
applied for within thirty (30) days after the time of the
rendition of such judgment, or within such additional time as
may be allowed by the court within thirty (30) days. The Code of
Civil Procedure shall govern in matters of pleading and practice
where not otherwise specified herein. The court shall disregard
any error, irregularity or omission which does not affect the
substantial rights of the parties.