Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-41-101 Irrigation district - organization - purposes
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(1) If a majority of the owners of the land within any district, whether residents or nonresidents, as well as the owners in the aggregate of a majority of the lands in such district desire to provide for the irrigation of the same and drainage work, or both, necessary to maintai…
Colo. Rev. Stat. § 37-41-102 Petition
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(1) For the purpose of the establishment of an irrigation district as provided by this article, a petition shall be filed with the board of county commissioners of the county which embraces the largest acreage of the proposed district. The petition shall state: (a) That it is the…
Colo. Rev. Stat. § 37-41-103 Presentation and allowance of petition
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(1) When such petition is presented and it appears that the notice of the presentation of said petition has been given as required by section 37-41-102 (3) and that said petition has been signed by the requisite number of petitioners as required by this article, the board of coun…
Colo. Rev. Stat. § 37-41-104 Notice of election - qualifications of electors
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(1) The board of county commissioners shall thereupon cause a notice embodying said orders in substance, signed by the chairman of the board of county commissioners and the clerk of said board, to be issued, given, and published, giving public notice of said election, the time an…
Colo. Rev. Stat. § 37-41-105 Canvass of votes - proclamation
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(1) The board of county commissioners shall meet on the second Monday next succeeding such election and proceed to canvass the votes cast thereat. If, upon such canvass, it appears that at least a majority of said legal electors in said district have voted Irrigation District - Y…
Colo. Rev. Stat. § 37-41-106 Directors - election - term
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(1) The regular election of said district for the purpose of electing a board of directors shall be held on the first Tuesday after the first Monday in December of each year, at which time one director shall be elected for a term of three years; except that, at the first election…
Colo. Rev. Stat. § 37-41-107 Office of board - elections
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(1) The office of the board of directors shall be located in the county where the organization was effected. (2) Fifteen days before any election held under this article subsequent to the organization of the district, the secretary, who shall be appointed by the board of director…
Colo. Rev. Stat. § 37-41-108 Directors - secretary - salaries
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Each member of the board of directors may receive compensation at the rate of up to one hundred fifty dollars per day while attending meetings and shall be reimbursed for their actual and necessary expenses while engaged in official business. A director or officer named in this a…
Colo. Rev. Stat. § 37-41-110 Duties of election officers
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(1) One of the judges shall be chairman of the election board and may: (a) Administer all oaths required in the progress of an election; (b) Appoint judges and clerks if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or …
Colo. Rev. Stat. § 37-41-111 Canvass of votes
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No lists, tally paper, or certificates returned from any election shall be set aside or rejected for want of form if they can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. I…
Colo. Rev. Stat. § 37-41-112 Records - vacancy and term of office
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(1) The secretary of the board of directors, as soon as the result of any election held under the provisions of this article is declared, shall enter in the records of such board and file with the county clerk and recorder of the county in which the office of said district is loc…
Colo. Rev. Stat. § 37-41-113 Board of directors - duties - contracts - rules
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(1) The directors, having duly qualified, shall organize as a board, elect a president from their number, and appoint a secretary. The board has power and it is its duty to adopt a seal, manage and conduct the affairs and business of the district, make and execute all necessary c…
Colo. Rev. Stat. § 37-41-114 Meetings - duties - eminent domain
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The board of directors shall hold a regular quarterly meeting in its office on the first Tuesday in January, April, July, and October and such special meetings as may be required for the proper transaction of business. All special meetings shall be called by the president of the …
Colo. Rev. Stat. § 37-41-115 Property - title
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The title to all property acquired under this article shall immediately and by operation of law vest in such irrigation district in its corporate name, and shall be held by such district in trust for and is hereby dedicated and set apart for the uses and purposes set forth in thi…
Colo. Rev. Stat. § 37-41-116 Conveyances - suits
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(1) The said board is hereby authorized to take conveyances or assurances for all property acquired by it under the provisions of this article in the name of such irrigation district for the purposes expressed in this article, and to institute and maintain any actions and proceed…
Colo. Rev. Stat. § 37-41-117 Bonds - contract - purposes - election
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(1) For the purpose of constructing or purchasing or acquiring necessary reservoir sites, reservoirs, water rights, canals, ditches, and works and of acquiring the necessary property and rights therefor; for the assumption of indebtedness to the United States or for entering into…
Colo. Rev. Stat. § 37-41-118 Sale of bonds - proceeds
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The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction or purchase of canals, reservoir sites, reservoirs, and water rights and works and otherwise to fully carry out the object and purposes …
Colo. Rev. Stat. § 37-41-119 Bonds - payment - lien
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The bonds, and the interest thereon, and all payments due or to become due to the United States under any contract between the district and the United States accompanying which bonds of the district have not been deposited with the United States shall be paid by revenue derived f…
Colo. Rev. Stat. § 37-41-120 Fiscal year - directors to fix levy
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(1) The fiscal year of each irrigation district in this state shall commence on January 1 in each year. It is the duty of the board of directors on or before October 15 in each year to determine the amount of money required to meet the maintenance, operating, and current expenses…
Colo. Rev. Stat. § 37-41-121 Assessor - assessment
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(1) It is the duty of the county assessor of any county embracing the whole or a part of any irrigation district to assess and enter upon his records as assessor in its appropriate column the assessment of all real estate, including public lands subject to assessment under the ac…
Colo. Rev. Stat. § 37-41-122 Other taxes must be paid
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The owner of such land, at the time of filing such petition and before the order of the board of directors of the district or the decree of court excluding such land from the district goes into effect, shall pay to the county treasurer of the county in which such land is situated…
Colo. Rev. Stat. § 37-41-123 Special tax levy
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(1) It is the duty of the board of county commissioners of the county in which is located the office of any irrigation district, immediately upon receipt of the returns of the total assessment of said district and upon the receipt of the certificates of the board of directors cer…
Colo. Rev. Stat. § 37-41-124 Assessment - collection - redemption - deed
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(1) The revenue laws of this state for the assessment, levying, and collection of taxes on real estate for county purposes, as modified in this section, shall be applicable for the purposes of this article 41, including the enforcement of penalties and forfeiture for delinquent t…
Colo. Rev. Stat. § 37-41-125 Construction - contracts
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(1) After adopting a plan for the construction of canals, reservoirs, and works, the board of directors shall give notice, by publication thereof, for not less than twenty days, in a newspaper published in each of the counties into which any such irrigation district extends, prov…
Colo. Rev. Stat. § 37-41-126 Claims - audit - payment - financial report
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Except with respect to claims coming within the provisions of article 10 of title 24, C.R.S., no claims shall be paid by the district treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, …
Colo. Rev. Stat. § 37-41-127 Funds for expenses
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For purposes of defraying the expenses of the organization of the district, and the care, operation, management, repair, and improvement of all canals, ditches, reservoirs, and works, including salaries of officers and employees, the board may either fix rates of tolls and charge…
Colo. Rev. Stat. § 37-41-128 Crossing streams, highways, railroads, state lands
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The board of directors has the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal may intersect or cross. If such railroad company and said board, or the owners and cont…
Colo. Rev. Stat. § 37-41-129 Limit of indebtedness - emergency
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The board of directors or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this article, nor shall they add to the expenditure of any one fiscal year anything o…
Colo. Rev. Stat. § 37-41-130 Insufficient supply - distribution
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In case the volume of water in any canal, reservoir, or other works in any district shall not be sufficient to supply the continual wants of the entire district susceptible of irrigation therefrom, then it is the duty of the board of directors to distribute all available water up…
Colo. Rev. Stat. § 37-41-131 Compensation for property taken
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Nothing contained in this article shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal, or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal, or reservoirs, unless previous co…
Colo. Rev. Stat. § 37-41-132 Boundaries - change - effect
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The boundaries of any irrigation district organized under the provisions of this article may be changed in the manner prescribed in sections 37-41-132 to 37-41-148; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or …
Colo. Rev. Stat. § 37-41-133 Additional land admitted - petition
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The holder of title, or color of title, of any land adjacent to or situated within the boundaries of any irrigation district or irrigable from the ditches, canals, and irrigation works of the district may file with the board of directors of said district a petition in writing, pr…
Colo. Rev. Stat. § 37-41-134 Notice of filing - costs
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The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once each week for three successive weeks in a newspaper published in the county where the office of said board is situate, which shall state the filing of such pet…
Colo. Rev. Stat. § 37-41-135 Hearing of petition - assent
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The board of directors, at the time and place mentioned in said notice, or at such time to which the hearing of said petition may adjourn, shall proceed to hear the petition, and all objections thereto, presented in writing by any person, showing cause why said petition should no…
Colo. Rev. Stat. § 37-41-136 Payment of pro rata assessments
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The board of directors to whom such petition is presented may require, as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as petitioners or thei…
Colo. Rev. Stat. § 37-41-137 Inclusion or rejection of lands - protest
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The board of directors if it deems it not for the best interests of the district to include therein the lands mentioned in the petition, by order, shall reject the petition, but if it deems it for the best interests of the district that said lands be included, the board may order…
Colo. Rev. Stat. § 37-41-138 Order - record - effect
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Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order, a certified copy of the order of the board of directors making such change, and a plat of such district showing such change, certified by the…
Colo. Rev. Stat. § 37-41-139 Records - evidence
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Upon the filing of the copies of the order and the plat as provided in section 37-41-138, the secretary shall record the petition in the minutes of the board. The minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. Source: L…
Colo. Rev. Stat. § 37-41-140 Legal representatives petitioners
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A guardian, an executor, or an administrator of an estate, who is appointed as such under the laws of this state and who, as such guardian, executor, or administrator, is entitled to the possession of the lands belonging to the estate which he represents, upon being thereunto aut…
Colo. Rev. Stat. § 37-41-141 Redivision of district - election of officers
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In case of the inclusion of any land within any district by proceedings under this article, at least thirty days prior to the next succeeding general election, the board of directors shall make an order redividing such district into three divisions, as nearly equal in size as may…
Colo. Rev. Stat. § 37-41-142 Lands may be excluded from district
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(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 …
Colo. Rev. Stat. § 37-41-143 Petition for exclusion
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The owner in fee of any lands constituting a portion of any irrigation district may file, with the board of directors of the district, a petition praying that such lands may be excluded and taken from said district. The petition shall describe the lands which the petitioners desi…
Colo. Rev. Stat. § 37-41-144 Notice of filing petition
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The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least three weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of said district lies within a…
Colo. Rev. Stat. § 37-41-145 Hearing of petition
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The board of directors, at the same time and place mentioned in the notice or at the time to which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto presented in writing by any persons, showing cause why the prayer of sai…
Colo. Rev. Stat. § 37-41-146 Order
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The board of directors, if it deems it not for the best interest of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from said district, shall order that said petition be denied; but if it deems it for the best interest of the dis…
Colo. Rev. Stat. § 37-41-147 Record - effect
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Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order, a certified copy of the order of the board of directors making such change and a plat of such district showing such change, certified by the …
Colo. Rev. Stat. § 37-41-148 Division of districts
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At least thirty days before the next general election of such district the board of directors thereof may make an order dividing said district into three divisions, as nearly equal in size as practicable, which divisions shall be numbered first, second, and third, and one directo…
Colo. Rev. Stat. § 37-41-149 Dissolution of district - election
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If a majority of the resident freeholders, representing a majority of the number of acres of the irrigable land in any irrigation district organized under this article, shall petition the board of directors to call a special election for the purpose of submitting to the qualified…
Colo. Rev. Stat. § 37-41-150 Canvass - record
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The board of directors shall name a day for canvassing the vote, and if it appears that a majority of said ballots contain the words, For Dissolution - Yes, then it shall be the duty of said board of directors to declare said district to be dissolved and to certify to the county …
Colo. Rev. Stat. § 37-41-151 Judicial examination of bonds and contracts
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The board of directors of an irrigation district organized under the provisions of this article may commence special proceedings, in and by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of said district, whe…