Semi-weekly herald., 1912-06-17
FLORIDA IRRIGATION DISTRICT
Is DISSOLVED BY ORDER OF
DISTRICT COURT

This morning very important de
cision was rendered in the distric
court of La Plata county concerning
the Florida Mesa Irrigation district
This district comprising some 2,50(
acres on the lower Florida was or
ganized a few years ago, and bondeC
for Sl,060,000, or about S400 per acre
There seemed to be some dissatisfac.
tion and the amount of the bonds wer,
/ reduced about one-half and the idea
of the construction of Il proposed res
ervoir was abandoned. 1t was thC
idea to secure water from the Florida
The rights under the appropriations
would be subject to prior appropria-
tions.
1t appears that the people in this
district felt that they could not meet
the Indebtedness and that there would
not be sufficient water to irrigate the
land in the district. An action was
begun in the district court of this
county last September in quo war.
ranto for the purpose of dissolving the
irrigation district. The district of
ficers it seems made no appearance in
court.
1t appears of record that the Pio-
neer Construction company and also
Clarence Dorst, one of the bondhold-
ers, intervened. The intervenors set
up facts in relation to the formation
of the district. A demurrer was in
terposed ON the ground that the law
under which the district was formed
was unconstitutional, because it re-
quired property qualification of the
voters and also because persons who
owned property in the district and re-
sided outside the district were per-
mitted to vote.
1t was claimed that under the con
stitution of the state of Colorado that
no property qualification shall be re-
CURED of voters for a public officer
and that the constitution requires res
idence as Il qualification. This niaI-
ter has been hotly contested in the
district court by the various parties
interested. This morning Judge Pike
announced his opinion and rendered a
decision to the effect that the law
providing for the formation of said
irrigation district is not in harmony
with the constitution of the state and
that the organization of the district is
invalid and of no force. In other
words under the decision should it not
be carried to the supreme court the
district will stand dissolved.
1t is said that the taxes and as
sessments which have accumulated
will now not have to be paid by those
owning land in the said district. At
torneys Perkins and Main were the
attorneys for those bringing the quo
warranto proceedings. Several at
torneys have represented the district
organization and the various inter
venors.
This decision is of more than local
Importance since in many parts of
the state irrigation districts have been
organized under that law. The ques-
tion is what effect will it have on
the other districts that have been
formed. 1t appears that the forma-
tion and organization of the Florida
Mesa lrrigating district has never
been confirmed by the court. 1t ap-
pears that other districts have been
confirmed by the court. It is a ques-
ton whether after the confirmation
the question of the constitutionality
of the law can be interposed. Per
haps if no appeal has been taken in
the time provided by law the matter
will be considered settled and the mat
ter of the constitutionality of the
law can not be questioned.
We are informed that the parties
interested in the bonds and water
rights of the Florida Mesa Irrigation
district which has been dissolved by
order of court will be in Durango in
a few days for the purpose of the re-
organization of the entire proposition
that all those holding water rights
and interests may have their rights
protected. They have been working
for some thirty days on this matter
of reorganization and expect to be
able to protect the interest of those
particularly Interested, and sell the
water rights to the farmers individ-
ually.