CHAPTER XVII. IRRIGATION DISTRICTS. Admission of land into the district § 201. Boundaries of the district to be determined by board § 2032. Constitutionality of the act § 204. (a) Title. (b) In general-Upheld. Division of district during pendency of adjudication § 205. Notice of forming of district § 207. (a) Signed separately. (b) To whom given. Proof of ownership of land § 208. (a) Abstract not proof. (b) Affidavits not sufficient. (c) Best evidence. Sec. 201. Admission of land into the district. See Sec. 206. Sec. 202. Boundaries of the district to be determined by board. The board can not surrender or delegate its duties as to determination of boundaries to others. Ahern, et al. v. Board of Directors H. L. & I. Dist., 39 Colo. 409-423, 89 Pac. 963. Sec. 203. Confirmation of proceedings by court. "In this proceeding the district court must, for itself, and upon the evidence produced before it, wholly aside from the orders made and evidence heard by the two statutory boards, determine the validity or invalidity of the proceedings had before them." Ahern, et al., v. Board of Directors H. L. I. Dist., 39 Colo. 409-423, 89 Pac. 963. The title of the act is declared to be constitutional in Anderson v. Grand Valley Dist., 35 Colo. 525-532, 85 Pac. 313. b. In general-Upheld. See Anderson v. Grand Valley I. Dist., 35 Colo. 525, 85 Pac. 313; 76 Cal. 360, 18 Pac. 379; 79 Cal. 351, 21 Pac. 825; 88 Cal. 334, 26 Pac. 237; 92 Cal 296, 28 Pac. 272, 675; 117 Cal. 382, 49 Pac. 354; 144 Cal. 329, 77 Pac. 937; 164 U. S. 112, 179; 185 U. S. 1; 4 Wash. 147, 29 Pac. 995; 29 Wash. 10, 69 Pac. 399; 45 Nebr. 411, 64 N. W. 1086. Sec. 205. Division of district during pendency of adjudication. Syl. "The division of an irrigation district by a legislative act without a saving clause, before the final adjudication of priorities therein, affects the subject matter of a pending proceeding to adjudicate priorities, and the district court of the proper county in the new irrigation district becomes vested with jurisdiction to determine the priorities in such new district." Sterling I. Co., v. Downer, 19 Colo. 595, 36 Pac. 787. Sec. 206. Exclusion of land from the district. Proof, that land excluded by the board should have been included, should be received. Ahern et al. v. Board of Directors H. L. I. Dist., 39 Colo. 409-420-424, 89 Pac. 963; 113 Cal. 503, 39 Pac. 769, 45 Pac. 822, 1047. Sec. 207. Notice of forming of district. a. Signed separately. The notice must be signed separately and independently of the petition. The petition and notice can not be combined and one signing suffice for both. Ahern, et al., v. Board of Directors H. L. I. Dist., 39 Colo. 409-416, 89 Pac. 963. b. To whom given. The notice should not be directed to the board of county commissioners. It should be given to those not signing the petition. Id. 416. Sec. 208. Proof of ownership of land. a. Abstract not proof. Abstract of title will not be proof that the signer of the petition is a land owner. Id. 420. b. Affidavits not sufficient. Affidavits of circulators of the petition that the signers were land owners will not suffice. Id. 420. c. Best evidence. Best evidence of ownership must be produced. Id. 420. Transcripts or copies of the evidence adduced before the county commissioners are not admissible. Id. 421. CHAPTER XVIII. PLEADING AND PRACTICE. Abandonment-Special plea § 209. Adaptation of law to changed conditions § 210. (a) When appropriation is not in issue. Amount of water in adjudication § 214. Criminal law-Contempt § 216. Criminal law-Information § 217. Cross bill § 218. Enlarged use § 219. Evidence-None-Dismissal § 220. Judgment-Conclusiveness-Condemnation § 221. (a) Jurisdiction-Easements. (c) Sufficiency of pleading. (a) Relief to one not a party to an adjudication. Estoppel § 223. (a) Acquiescence. (b) As to sale of excess rights. (c) By conduct or contract. (d) By receiving water under a decree. (e) Corporation-Assessments on stock. (f) Evidence of estoppel. (g) Pleading estoppel. (h) What necessary to establish. Fraud-Setting aside decree therefor § 224. Injunction § 225. (a) Complaint. (b) Defense-Action by senior against junior appropriator. (c) For interference with water right. Intervention § 226. (a) Questions raised. (b) Sufficiency of pleading. (c) Who may intervene (d) When not necessary to intervene. Judge-Disqualified to try cause § 227. Judicial notice § 228. Jurisdiction § 229. (a) Acquiescence. (b) Appropriation in Colorado for use in New Mexico. (c) Effect of judgment without jurisdiction of person-Meritorious defense. (d) Of district court. (e) Of part of district. Laches 230. Lapse of time § 231. Mandamus § 232. (a) Affidavit. (b) Alternative writ of. (c) Commanding that to be done which is impossible to perform. Objection to judgment-Trial to court § 233. Parties 234. (a) Canal company. (b) Consumers-In adjudication. (c) Defect of parties. (d) Grantors. (e) In injunction. (f) Sale of excess rights. (g) Loaning water. (h) Necessary-In action relating to excess rights. (i) State officers. (j) To Adjudication. Prescriptive right § 235. Replication-Aiding complaint § 236. Prejudicial error-Presumption on appeal § 237. Variance-When not fatal § 238.. Receivers-Indebtedness created by § 239. Setting aside a decree-Stranger to action § 240. Wyoming 242. See Canal Companies, 93a. See Change of Point of Diversion, 106b. See Damages, Sec. 135. See Quieting Title, Sec. 247. See Review and Rehearing, Sec. 273. See Evidence. See Prescriptive Right, Sec. 243. |