Colorado § 35-70-104 - Petition for organization of district - qualified electors.

§ 35-70-104. Petition for organization of district - qualified electors.

(1) Proceedings to determine whether or not a conservation district shall be organized shall be instituted by a petition addressed to the state board and signed by not less than twenty-five percent of the owners of land within the district and who own not less than half of the area to be included within the proposed district. A determination after hearing by the state board that the requisite number of landowners have signed such petition and that such petition has been signed by landowners who own not less than half of the area to be included within the proposed district shall be final and conclusive unless objection is made to the sufficiency of such petition and appeal is taken from the determination of the board.

(2) The petition shall include:

(a) The name of the proposed district;

(b) Two maps or plats showing the boundaries of the proposed district;

(c) Narrative statement giving the legal description of the area to be included within the proposed district by legal subdivisions or by metes and bounds;

(d) Brief statements of the character of the lands within the boundaries of the proposed district and the need for the establishment of such district.

(3) Every person who is a qualified elector of this state and who owns land within the proposed or existing district is entitled to vote at any election of a proposed or existing district on any matter concerning the organization, operation, consolidation, or dissolution of such district.

(4) (a) (I) Repealed.

(II) (A) A landowner who is a qualified voter or qualified elector may authorize a family member who is a registered voter and a renter or manager of the land to vote in an election on behalf of such landowner.

(B) Authorization pursuant to this subparagraph (II) shall be made prior to every election of the district.

(b) A corporation owning land within a proposed or existing district is entitled to vote if such corporation duly authorizes an agent to vote in the election in its behalf.

Source: L. 37: p. 1171, § 4. CSA: C. 149A, § 4. L. 41: p. 689, § 1. L. 45: p. 624, § 2. L. 49: p. 665, § 2. CRS 53: § 128-1-4. C.R.S. 1963: § 128-1-4. L. 73: p. 1354, § 2. L. 82: Entire section R&RE, p. 528, § 3, effective January 1, 1983. L. 95: (4) amended, p. 306, § 1, effective July 1. L. 2002: (1) amended, p. 519, § 18, effective July 1. L. 2025: (4)(a)(I) repealed and (4)(a)(II)(A) amended, (SB 25-275), ch. 377, pp. 2109, 2098, §§ 336, 292, effective August 6.

Editor's note: Subsection (4)(a)(I) was relocated to § 35-70-102.8 (1) in 2025.

ANNOTATION

Soil erosion district, although its purposes are of private nature, is public corporation. People ex rel. Cheyenne Soil Erosion Dist. v. Parker, 118 Colo. 13, 192 P.2d 417 (1948).