37-43-156. Irrigation districts may dissolve.

Statute text

Any irrigation district organized under the laws of the state of Colorado may be dissolved in the manner provided in sections 37-43-156 to 37-43-166.

History

Source: L. 15: p. 307, 1. C.L. 2035. CSA: C. 90, 533. CRS 53: 149-3-55. C.R.S. 1963: 150-3-55.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "One Year Review of Property Law", see 38 Dicta 192 (1961).

This act allows a dissolution of districts which are, as well as those which are not, in debt. Michigan Trust Co. v. Otero Irrigation Dist., 76 Colo. 441, 232 P. 919 (1925).

Debts must be paid. The dissolution statute, if construed to authorize the dissolution of an irrigation district without payment of its just debts, would be unconstitutional as impairing the obligation of contracts and as depriving citizens of their property without due process of law. Michigan Trust Co. v. Otero Irrigation Dist., 76 Colo. 441, 232 P. 919 (1925).

Bondholders may be afforded relief in equity. Where the district and its officials have voluntarily surrendered the property and their official positions so that they are no longer able to respond to any mandamus suit which might be instituted to carry the judgments and claims of plaintiffs into effect, nonresident bondholders may be afforded relief in a court of equity, for otherwise they are without any remedy to effect the collection of their claims. Beck v. Otero Irrigation Dist., 38 F.2d 275 (D. Colo. 1929).

For this section and 37-43-157 through 37-43-167 governing dissolution, see McKinley v. Dunn, 141 Colo. 487, 349 P.2d 139 (1960).