C.R.S. Section 37-42-105
Adverse report

  • investigations

(1)

In case the report of the state engineer is adverse to the formation of such district because it is not considered feasible, he shall state his reasons for such conclusion in concise language and shall call attention thereto expressly in his letter transmitting such report to the board of county commissioners. The board of county commissioners shall thereupon fix and determine, upon such investigations and hearings as they see fit, the following matters and things:

(a)

Whether the statutory requirements preliminary to organization have been substantially complied with, which determination shall be reviewable only by an action in the nature of certiorari issuing out of the district court having jurisdiction and upon application therefor made within fifteen days of the date of determination by the board of county commissioners;

(b)

Fix the territorial extent and boundaries of such district and, in so doing, consider the petition upon which hearing is had, together with such petitions for inclusion within or exclusion from said district as are presented.

(2)

No lands shall be excluded from said district which are susceptible of irrigation from the source of water supply intended for the irrigation of the district and not more easily irrigable from another source, nor shall any lands be included within said district which are not susceptible of irrigation from the source of supply intended for the district, or which are already irrigated, or which can be more easily irrigated from another source.

(3)

Objection to such exclusions or inclusions, or the order fixing the territorial extent and boundaries of the district, shall be made in writing by the interested landowners, on or before such date of hearing or adjournment thereof, and an appeal from such adverse determination prosecuted to the district court of the county wherein such hearing is had, as in the case of appeals from disallowance of claims, insofar as applicable, within fifteen days from such determination. No such appeal having been prosecuted, the determination of the board of county commissioners shall be deemed conclusive on such points.

Source: Section 37-42-105 — Adverse report - investigations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑42‑101
Petition for organization - schedule - bond 37‑42‑102
Date of hearing - notice 37‑42‑103
Preliminary report 37‑42‑104
Hearing - adjournments 37‑42‑105
Adverse report - investigations 37‑42‑106
Notice of organization meeting and election 37‑42‑107
Organization - meeting - voting 37‑42‑108
Directors - election 37‑42‑109
Directors to file map 37‑42‑110
Directors to organize - powers 37‑42‑111
Meetings of directors - notice 37‑42‑112
District elections - definition 37‑42‑113
Powers of district - loans for improvements - rules 37‑42‑114
Landowners - definition - evidence of ownership 37‑42‑115
Land board as landowner 37‑42‑117
Directors to adopt plans 37‑42‑118
Bond election - ballots 37‑42‑120
Additional bonds 37‑42‑121
Sale of bonds - notice 37‑42‑122
Bonds - assessments 37‑42‑123
Rescission of action authorizing bonds 37‑42‑124
Construction of works - bids - notice - contract - bond 37‑42‑125
Fiscal year - appropriation resolution 37‑42‑126
Assessment of lands - valuation 37‑42‑127
Levy to pay interest and expenses 37‑42‑128
Collection of assessments 37‑42‑130
Call of bonds - surplus fund 37‑42‑131
Payment of general expenses 37‑42‑132
Relief from bonded indebtedness 37‑42‑133
Exclusion of land from district 37‑42‑134
Inclusion of land in district 37‑42‑135
District to lease surplus water 37‑42‑136
Drainage of lands - surveys 37‑42‑137
Sale of surplus water - proceeds 37‑42‑138
Confirmation of organization and bonds 37‑42‑139
Dissolution of district - election 37‑42‑140
Districts organized after April 7, 1921 37‑42‑141
Ratification of irrigation district
Green check means up to date. Up to date

Current through Fall 2024

§ 37-42-105’s source at colorado​.gov