(1) Any tract of land included within the boundaries of any such district at or after its organization, under the provisions of this article, may be excluded therefrom in the manner prescribed in sections 37-41-142 to 37-41-148, but such exclusion of land from the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges of whatever kind or nature; nor shall such exclusion affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it would or might become liable or chargeable had such land not been excluded from the district.
(2) If the board of directors of an irrigation district organized under this article finds and by resolution of the board declares that the irrigation district taxes assessed against any tract of land, in such irrigation district, have not been paid for three consecutive years and further finds that it would be for the best interests of such district and the landowners and members thereof and the lienholders thereon, if any, that such lands so in default in the payment of irrigation district taxes be excluded from such irrigation district, it shall be conclusively presumed that any such lands are unproductive and unfruitful and should be excluded from such irrigation district, and the board of directors may by resolution order such exclusions and cause a copy of such resolution certified by the secretary of such irrigation district to be filed and recorded in the office of the county clerk and recorder of the county in which such lands are located, and thereupon without further proceedings all such lands shall be excluded from such irrigation district and dropped from the list of district lands for all purposes.
(3) Any water or water rights owned or controlled by the district theretofore appertaining or allocated to such lands so in default may be reallocated to lands then remaining in such district, or other and different productive lands may be included in such district in lieu thereof.
Source: L. 05: p. 268, § 41. R.S. 08: § 3480. C.L. § 2019. L. 29: p. 422, §1. CSA: C. 90, § 418. CRS 53: § 149-1-42. C.R.S. 1963: § 150-1-42.
ANNOTATION
Decisions of board of directors of an irrigation district have the effect of judgments in matters over which it has jurisdiction. Yellow Jacket Irrigation Dist. v. Pleasant Valley Ranch Co., 78 Colo. 543, 243 P. 635 (1926).
The decisions are binding on all parties and their privies in estate. The board of directors of an irrigation district is the tribunal designated by this section to determine the question of inclusion or exclusion of territory; its decision is binding upon all parties and their privies in estate, and the question cannot be again raised between the same parties and their privies except upon some ground which has arisen since the former decision. Yellow Jacket Irrigation Dist. v. Pleasant Valley Ranch Co., 78 Colo. 543, 243 P. 635 (1926).
Estoppel to deny ownership after making application for exclusion. Where a party, claiming to be the owner, makes application to the board of directors of an irrigation district to exclude lands therefrom, neither he nor his privies in estate can thereafter deny the ownership. Yellow Jacket Irrigation Dist., v. Pleasant Valley Ranch Co., 78 Colo. 543, 243 P. 635 (1926).