Colorado Code § 37-43-126

Determination of validity of sale
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(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.

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