C.R.S. Section 37-43-126
Determination of validity of sale


(1)

In case, upon the canvass of a vote at such election, it is found and declared by said board of directors that a majority of the votes cast at such election have been cast in favor of selling all or part of the dams, reservoirs, canals, franchises, water rights, and other property of the district, then said board of directors may file a petition in the district court of the county wherein is located the office of such board to determine the validity of the proceedings had for the sale of the dams, reservoirs, canals, franchises, water rights, and other property of such district. The same petition shall set forth the same facts required to be given in the notice of election.

(2)

Such actions shall be in the nature of a proceeding in rem and jurisdiction of all parties interested may be had by publication of a notice of the pendency of such action at least once a week for three weeks in some paper of general circulation published in the county and district where the action is pending; except that if the district is situated in more than one county, then the publication shall be made in one newspaper in each county where the district is situated, said newspapers to be designated by the judge of the court having jurisdiction of the proceedings; or the court may provide for notice by posting not less than thirty days before the date set for hearing such petition in any county where no newspaper is published. Jurisdiction shall be complete in thirty days after the posting or last publication of such notice.

(3)

Such notice shall be directed as follows:
“To all holders of indebtedness of the .............. irrigation district (inserting the name of the district whose property is to be sold, etc.); to all landowners within said district, and to all others interested in the proposed sale of the dams, reservoirs, canals, franchises, water rights, and other property of said irrigation district”, and said notice shall state the filing of said petition by the board of directors, the date of filing said petition, and the court in which filed, and shall further state that the object of such petition is to obtain the sale of said dams, reservoirs, canals, franchises, water rights, and other property of the district briefly described in the same, and shall give the date set by the court for the hearing of said petition.

(4)

At or before the time set for the hearing of said petition, anyone interested may appear and file written objections to such petition, and may at the time set for the hearing of said petition appear and contest the validity of the proceedings already had, and of the plan proposed for the sale of the dams, reservoirs, canals, franchises, water rights, and other property of the district or any portion thereof, including the validity of any portion of the indebtedness set out in said petition. At the one hearing the court shall determine the amount of indebtedness of said district, and may determine the validity of any portion thereof, and in said proceeding may adjust and determine the rights and liabilities of all parties, and decree an adoption and execution of the proposed plan. Such action shall be speedily tried and judgment rendered. At the hearing the court shall hear and determine the regularity, legality, and correctness of all proceedings and in doing so shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.

(5)

The rules of pleading and practice in the Colorado rules of civil procedure and in the Colorado appellate rules not inconsistent with the provisions of sections 37-43-124 to 37-43-130 are made applicable to the proceedings provided in this section. Any party shall have the right to appellate review, as provided by law and the Colorado appellate rules, within ninety days after the entering of final decree by the district court and the case shall be advanced on the docket of the appellate court and disposed of with all convenient speed. Unless appellate review is so pursued, the decree entered in said case by the district court shall be final and binding upon all parties interested in said district, whether as officer, electors, landowners, creditors, or otherwise. The costs of any contest may be allowed and proportioned between the parties or taxed to the losing party, in the discretion of the court, and no contest of any matter or thing provided for in this section shall be made other than in the time and manner specified in this section.

Source: Section 37-43-126 — Determination of validity of sale, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑43‑101
Definition of landowner
37‑43‑102
Landowners to vote for directors on acreage basis
37‑43‑103
Directors may submit question
37‑43‑105
Increasing number of directors
37‑43‑106
Calling election - ballot
37‑43‑107
Voting
37‑43‑108
Who may vote
37‑43‑109
Canvassing vote - directors-at-large
37‑43‑110
When directors-at-large elected
37‑43‑111
Eligibility of directors
37‑43‑112
Agricultural college and school lands included
37‑43‑113
Petition - form and execution
37‑43‑114
Assessments
37‑43‑115
Mode of payment - receipts
37‑43‑116
Purchaser to pay accrued assessments
37‑43‑117
Lessee to pay assessments in addition to rent
37‑43‑118
Purchasers to pay to register until patent
37‑43‑119
Board of directors may exclude land
37‑43‑120
Land may be excluded at time of refinancing
37‑43‑121
Prior exclusion of lands
37‑43‑122
Irrigation districts to provide drainage
37‑43‑123
Title in seepage or waste waters
37‑43‑124
Sale of water rights and property
37‑43‑125
Election - notice - canvass
37‑43‑126
Determination of validity of sale
37‑43‑127
Proceedings by elector on failure of board
37‑43‑128
Sale
37‑43‑129
Decree of sale
37‑43‑130
Construction
37‑43‑131
Distribution of proceeds
37‑43‑132
Purposes for bond issues
37‑43‑133
Meeting of landowners
37‑43‑134
Voting on bond issue
37‑43‑135
Resolution of board of directors
37‑43‑136
Levy of tax - collection
37‑43‑137
Bonds receivable in payment of taxes
37‑43‑138
Construction
37‑43‑139
Bonds to retire warrants
37‑43‑140
Subject to outstanding bonds
37‑43‑141
Levy of tolls or charges
37‑43‑142
Where payment of tolls made
37‑43‑143
Water may be refused - when
37‑43‑144
Issuance of refunding bonds
37‑43‑145
Board of directors to issue bonds
37‑43‑146
Submission of question to electors
37‑43‑147
Sale of bonds
37‑43‑148
County treasurer to register bonds
37‑43‑149
Collection of taxes
37‑43‑150
Validity of bonds examined
37‑43‑151
Relief of lands from burden of refunded indebtedness
37‑43‑152
Board may contract with United States
37‑43‑153
Provisions of contract
37‑43‑154
Prior contracts validated
37‑43‑155
Powers cumulative
37‑43‑156
Irrigation districts may dissolve
37‑43‑157
Petition - where filed - contents
37‑43‑158
Dissolution - special election
37‑43‑159
Determination of validity of dissolution
37‑43‑160
Contents of petition - procedure - costs
37‑43‑161
Elector may bring action
37‑43‑162
May organize corporation to acquire assets
37‑43‑163
Decree of court
37‑43‑164
Apportionment of indebtedness
37‑43‑165
Plan must provide for adequate levies
37‑43‑166
Foreclosure subject to prior taxes
37‑43‑167
Disposition of surplus
37‑43‑168
Procedure where district is solvent
37‑43‑169
Dissolution of inactive irrigation districts
37‑43‑170
Petition for payment of indebtedness
37‑43‑171
Jurisdiction - order for hearing
37‑43‑172
Notice of hearing
37‑43‑173
Notice - how addressed
37‑43‑174
Completion of service
37‑43‑175
Answer or contest - default
37‑43‑176
Proceedings in rem - accounting
37‑43‑177
Indebtedness of inactive districts
37‑43‑178
Appeals
37‑43‑179
Dissolution - where bondholders are unknown
37‑43‑180
Petitions for dissolution
37‑43‑181
Notice of hearing
37‑43‑182
Disposition of unpaid funds
37‑43‑183
Application
37‑43‑184
Treasurer to strike off lands to county
37‑43‑185
Redemption
37‑43‑186
Lands offered for sale - when
37‑43‑187
When county entitled to tax deed
37‑43‑188
County may sell by quitclaim deed
37‑43‑189
Continuation of lien of bonded indebtedness
37‑43‑201
Short title
37‑43‑202
Definitions
37‑43‑203
Applicability - exercise of authority
37‑43‑204
Irrigation district - authority to contract
37‑43‑205
Special assessment
37‑43‑206
Authority to obtain loans to defray expenses
37‑43‑207
Power of eminent domain
37‑43‑208
Contracts - reimbursement by United States
37‑43‑209
Submission of plans to state engineer - not required
37‑43‑210
Compensation of director of contracting district
37‑43‑211
Creation of contracting district - election
Green check means up to date. Up to date

Current through Fall 2024

§ 37-43-126’s source at colorado​.gov