§ 41-7-602 — Petition for contract and assessments; hearings generally

Wyoming § 41-7-602

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 7: IRRIGATION DISTRICTS
• Art. 6: CONSTRUCTION CONTRACTS WITH

Text

Whenever any contract between the United States and an
irrigation district so provides, the assessment or assessments
for benefits and construction against the individual tracts of
land in the district, as now required under W.S. 41-7-401, may
be dispensed with, and in such case the board of commissioners
of the district, at any time, or after an election as provided
by law has resulted in the approval of such contract, may file
in the district court of the county embracing the largest
acreage of the district, a petition praying in effect, that the
contract and the proceedings leading up to the execution of same
and the assessment for benefits and construction as requested
therein may be examined, approved and confirmed by the court.
The petition shall state generally that the irrigation district
was duly authorized, that due and lawful proceedings were taken
to execute a contract with the United States which incurred a
district indebtedness for construction charges to the United
States in a maximum amount to be stated, and that the
assessments to be levied against the individual tracts of land
under the contract do not exceed the benefits to accrue to such
tracts of land, respectively, by reason of such contract. The
court shall, upon presentation of such a petition, fix a time
for the hearing of said petition and shall order the clerk of
the court to give and publish notice of the filing of the said
petition, and of the time and place fixed for the hearing
thereon. The notice of such hearing shall be published three (3)
consecutive weeks in a newspaper of general circulation in each
county in which such district is located and shall state the
time and place fixed for the hearing of the petition, the prayer
thereof, and that any person interested in the subject matter of
the petition may, on or before three (3) days prior to the day
fixed for the hearing thereof, answer or otherwise plead
thereto, and no other notice shall be required to be given of
the time and place of the hearing thereon. Upon the hearing on
such proceedings, the court shall disregard every error,
irregularity, or omission which does not affect the substantial
rights of any party, and the court may make an order confirming
and approving the proceedings taken to ratify and confirm such
contract and the assessments for benefits and construction as
required therein. The costs of the proceedings may be allowed
and apportioned among the parties thereto in the discretion of
the court.