Ground water management districts - formation

Colo. Rev. Stat. § 37-90-118, under Underground Water.

Colo. Rev. Stat. § 37-90-118

Within areas determined as designated groundwater basins by action of the commission in accordance with section 37-90-106, ground water management districts may be formed in the manner, and having the power, provided in sections 37-90-118 to 37-90-135; but no district shall be organized unless all groundwater aquifers containing designated groundwater within the geographic boundaries of the district have been included as a part of the district by the commission.

Source: L. 65: R&RE, p. 1257, § 1. C.R.S. 1963: § 148-18-17. L. 85: Entire section amended, p. 1177, § 9, effective May 31.

ANNOTATION

Once a basin is so designated, the act gives tax-paying electors in the designated area the right to create ground water management districts within the basin, so any district thus formed, if approved by the commission, is a governmental subdivision of the state of Colorado, and a corporate body with the powers of a public or quasi-municipal corporation. North Kiowa-Bijou Mgt. Dist. v. Ground Water Comm'n, 180 Colo. 314, 505 P.2d 377 (1973); Upper Black Squirrel Creek v. Goss, 993 P.2d 1177 (Colo. 2000).

Formation of ground water management districts is optional. Cherokee Water Dist. v. State, Ground Water Comm'n, 196 Colo. 192, 585 P.2d 586 (1978).