C.R.S. Section 37-42-133
Exclusion of land from district

(1)

Any landowner desiring the exclusion of any of his lands from an irrigation district organized under this article shall present to the board of directors of such district his verified petition describing such lands and praying their exclusion by order of such board. He shall allege and show by certificate of the county clerk and recorder of the county wherein such lands are situate that such lands are not subject to any bonded indebtedness of such district and, by certificate of the county treasurer of such county, that all levies for the general fund of said district have been paid upon said lands. Whereupon, said board shall proceed to an examination of the matters alleged in said petition as it sees fit and shall consider the advisability of such exclusion. If it finds that such land is not burdened with any bonded indebtedness of such district, and that all levies made thereon have been paid, or proper security given for payment of such levies as are not yet payable, and that its exclusion from the district would in no way damage or injure other lands of said district, it may order such exclusion, and thereafter such lands shall be dropped from the lists of district lands for all purposes; except that such exclusion shall in no way affect or impair any of the rights or obligations of such district.

(2)

The board of directors of an irrigation district is authorized to exclude any lands situate in the district where the board believes that the exclusion of such lands from such district would be in the best interest of other landowners in such district. Such board may order such exclusion, and thereafter such lands shall be dropped from the lists of district lands for all purposes; except that notice shall be published first in a newspaper in said district or county thereof for a period of two successive weeks, and, in the event there is no such newspaper published in such district, such intended order shall be posted at the office of the district board and in at least two other public places within the boundaries of said district, and notice shall also be served upon the owners of the lands proposed to be excluded before the making of such order. Proof of such posting and publication and also of such notice having been served upon the landowner shall be duly made and recorded in the minutes of the board of directors.

(3)

However, when the district makes such an order, anyone having a water privilege on such land so excluded shall be reimbursed for the value of such privilege, and the owners of said lands shall have the right to appeal to the district court of the judicial district in which such land is situate to have such order reviewed and set aside, if improperly made. In case a contract has been made between the district and the United States, no change shall be made in the boundaries of the district, and the board of directors shall make no order changing the boundaries of the district until the secretary of the interior assents thereto in writing and such assent is filed with the board of directors.

Source: Section 37-42-133 — Exclusion of land from district, 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

§ 37-42-133’s source at colorado​.gov