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Colorado Statutes, Title 37

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Title 37, Water and Irrigation

0 chapters · 1,167 sections in this title.

All chapters in Title 371,167 Ch 4393 Ch 4882 Ch 4161 Ch 4659 Ch 3154 Ch 4553 Ch 4751 Ch 4449 Ch 6049 Ch 9045 Ch 5043 Ch 4239 Ch 9227 Ch 9527

39 sections·Filtered byTitle 37✕Ch 42✕

Colo. Rev. Stat. § 37-42-100.3 Definitions
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As used in this article 42, unless the context otherwise requires: (1) "Landowner" means an owner in fee of lands within the boundaries of any irrigation district organized or proposed to be organized, whether a resident or nonresident of the district, who or that is a citizen of…
Colo. Rev. Stat. § 37-42-101 Petition for organization - schedule - bond
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Whenever the landowners of any prescribed area within the state of Colorado desire to organize an irrigation district for the purposes named in this article, they may propose such organization by presenting to the board of county commissioners of the county within which said area…
Colo. Rev. Stat. § 37-42-102 Date of hearing - notice
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Upon the filing of such petition and the approval of the bond, the board of county commissioners shall communicate with the state engineer with reference thereto, and together they shall agree upon a date for hearing upon such petition, which shall in no case be later than ninety…
Colo. Rev. Stat. § 37-42-103 Preliminary report

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Prior to the date of such hearing, the state engineer shall file with the board of county commissioners, before which the hearing will be held, his preliminary report on the proposed irrigation system, showing his estimate of costs, as well as the availability of an adequate wate…

Colo. Rev. Stat. § 37-42-104 Hearing - adjournments

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In case the state engineer considers the proposed irrigation system feasible, and shall so state in his report, or shall report his inability to reach a definite conclusion with reference thereto, the board of county commissioners shall proceed to a hearing and determination of t…

Colo. Rev. Stat. § 37-42-105 Adverse report - investigations

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(1) In case the report of the state engineer is adverse to the formation of such district because it is not considered feasible, he shall state his reasons for such conclusion in concise language and shall call attention thereto expressly in his letter transmitting such report to…

Colo. Rev. Stat. § 37-42-106 Notice of organization meeting and election

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(1) Immediately following the determination of the board of county commissioners, it shall call an organization meeting and election of such proposed irrigation district for the purpose of determining whether such irrigation district shall be organized, and if organized, for the …

Colo. Rev. Stat. § 37-42-107 Organization - meeting - voting

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(1) The board of county commissioners shall attend at the time and place of the meeting specified in section 37-42-106 and shall certify to the meeting a list of the landowners of the proposed district, taking no account of those who have prosecuted appeals from the order of the …

Colo. Rev. Stat. § 37-42-108 Directors - election

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(1) The board of directors consists of three landowners of the district who are qualified to vote at district elections pursuant to section 37-42-112 (2), including authorized agents, and who reside within the district. Directors hold their respective offices for the period of th…

Colo. Rev. Stat. § 37-42-109 Directors to file map

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It is the duty of the board of directors to file for record in the office of the county clerk and recorder of each county wherein any part of an irrigation district lies a map of such district showing the boundaries thereof, together with a complete list of all lands within such …

Colo. Rev. Stat. § 37-42-110 Directors to organize - powers

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(1) On the same day the board of directors is elected, and immediately following the meeting at which they were elected, the board shall meet for the purpose of organization of the board. It shall select one of its own members as president of the irrigation district and shall sel…

Colo. Rev. Stat. § 37-42-111 Meetings of directors - notice

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The board of directors shall hold its regular meetings at least four times each year, which may be immediately following the general election and on the first Tuesday of April, July, and October of each year, or, in the alternative, at such other times as may be designated in the…

Colo. Rev. Stat. § 37-42-112 District elections - definition

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(1) Elections are of two kinds, general and special. A general election shall be held once each year in the month of January, at a date, time, and place designated by the board. Any business requiring or permitting a vote of the landowners may be transacted at the election, inclu…

Colo. Rev. Stat. § 37-42-113 Powers of district - loans for improvements - rules

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(1) (a) Irrigation districts organized under this article 42 may sue and be sued in their district names, and courts shall take judicial notice of their organization and territorial extent. (b) The board of directors may acquire, by use, prescription, appropriation, purchase, or …

Colo. Rev. Stat. § 37-42-114 Landowners - definition - evidence of ownership

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(1) Repealed. (2) Where such landowner is under disability, or infancy, insanity, or otherwise, or the lands are held under administration, guardianship, conservatorship, receivership, or other similar proceeding, the administrator, executor, guardian, conservator, receiver, or o…

Colo. Rev. Stat. § 37-42-115 Land board as landowner

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(1) The state board of land commissioners is hereby authorized to act in the capacity of landowner with reference to any lands under its management or control; except that no such lands under the control or management of the state board of land commissioners, or upon which less t…

Colo. Rev. Stat. § 37-42-117 Directors to adopt plans

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(1) The board of directors of any irrigation district organized under this article, as soon as organized, shall adopt a definite and complete plan for carrying out the purposes of its organization, which plan shall include a definite means for the irrigation or reclamation of the…

Colo. Rev. Stat. § 37-42-118 Bond election - ballots

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(1) After the plan specified in section 37-42-117 has been adopted, the board of directors may then call a district election for the purpose of voting upon the question of authorization and issuance of district bonds in an amount and in such series and dates of maturities, but no…

Colo. Rev. Stat. § 37-42-120 Additional bonds

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If, after the issuance and sale of a series of bonds under this article, it becomes necessary to authorize an additional issue or series of bonds, the same may be authorized and sold in like manner and in accordance with the provisions of this article as to a first issue of bonds…

Colo. Rev. Stat. § 37-42-121 Sale of bonds - notice

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The board of directors may sell bonds so authorized and issued from time to time as may be necessary for district purposes, having first by resolution declared its intention to do so and having appointed a day and hour therefor. Notice of such sale shall be given by publishing th…

Colo. Rev. Stat. § 37-42-122 Bonds - assessments

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Such 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, which bonds of the district have not been deposited with the United States, shall be paid solely by revenue derived from …

Colo. Rev. Stat. § 37-42-123 Rescission of action authorizing bonds

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If the landowners of an irrigation district desire to rescind their action authorizing an issue of bonds, they may do so as to any such entire issue remaining unsold in the hands of the board of directors in the same manner as such issue was authorized and upon an affirmative vot…

Colo. Rev. Stat. § 37-42-124 Construction of works - bids - notice - contract - bond

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(1) After a plan for construction of irrigation or other works has been adopted and approved as provided in section 37-42-117, and funds provided therefor, the board of directors shall call for bids for the construction of the whole or any part thereof. The notice shall be publis…

Colo. Rev. Stat. § 37-42-125 Fiscal year - appropriation resolution

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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, in accordance with the schedule prescribed by section 39-5-128, C.R.S., to determine the amount of money required to meet the maintena…

Colo. Rev. Stat. § 37-42-126 Assessment of lands - valuation

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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 columns the assessment of all lands, including public lands subject to assessment under the congres…

Colo. Rev. Stat. § 37-42-127 Levy to pay interest and expenses

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(1) It is the duty of the board of county commissioners of the county in which the office of any irrigation district is located, 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. § 37-42-128 Collection of assessments

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(1) Repealed. (2) It is the duty of the county treasurer of any county wherein is located the whole or any part of an irrigation district to collect and receipt for all irrigation district assessments levied. The revenue laws of this state for the assessment, levying, and collect…

Colo. Rev. Stat. § 37-42-130 Call of bonds - surplus fund

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If bonds are issued which are subject to redemption prior to maturity, and if, after the payment of all coupons and bonds due in any fiscal year, it is found that the bond fund of an irrigation district contains an amount of money sufficient therefor, it is the duty of the distri…

Colo. Rev. Stat. § 37-42-131 Payment of general expenses

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(1) Repealed. (2) (a) For the 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: (I) Fix ra…

Colo. Rev. Stat. § 37-42-132 Relief from bonded indebtedness

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(1) At any time after the expiration of two years from the date of the issuance of any bonds under this article, any landowner may relieve his lands from the burden of such bonded indebtedness in the following manner: He shall pay to the district treasurer an amount of money suff…

Colo. Rev. Stat. § 37-42-133 Exclusion of land from district

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(1) Any landowner desiring the exclusion of any of his lands from an irrigation district organized under this article shall present to the board of directors of such district his verified petition describing such lands and praying their exclusion by order of such board. He shall …

Colo. Rev. Stat. § 37-42-134 Inclusion of land in district

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(1) Landowners representing a majority of the acreage of any tracts of land susceptible of irrigation from the system of any irrigation district already organized may present their petition to the board of directors of such irrigation district, praying that such lands be included…

Colo. Rev. Stat. § 37-42-135 District to lease surplus water

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Whenever any irrigation district organized under this article 42 acquires water in excess of its own needs or becomes the owner of water or rights capable of use for other purposes than those for which it was organized, without impairing or injuring such use, it may lease the wat…

Colo. Rev. Stat. § 37-42-136 Drainage of lands - surveys

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The board of directors of any irrigation district may cause surveys, maps, estimates of cost, and a report of feasibility to be made looking to the drainage of the whole or any part of an irrigation district which may have become, or threatens to become, seeped or too wet or whic…

Colo. Rev. Stat. § 37-42-137 Sale of surplus water - proceeds

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The board of directors may sell property or assets of the district not needed for district use nor essential to its operation from time to time as it directs and upon such notice as it designates, and shall cause the proceeds thereof to be placed in the bond fund or United States…

Colo. Rev. Stat. § 37-42-138 Confirmation of organization and bonds

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(1) The board of directors of any irrigation district organized under this article at any time may file a petition in the district court of the county wherein is situated the office of such district praying for a judicial examination and determination of the question of the valid…

Colo. Rev. Stat. § 37-42-139 Dissolution of district - election

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(1) A plan for the dissolution of any irrigation district organized under this article may be submitted to the landowners at a special election held for that purpose. Such plan must provide for the payment of all district debts and liabilities and the disposition of district asse…

Colo. Rev. Stat. § 37-42-140 Districts organized after April 7, 1921

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This article 42 applies only to irrigation districts organized after April 7, 1921, and no existing laws in any manner relating to irrigation districts apply to or affect irrigation districts organized after that date, but existing laws and all amendments thereto made after that …

Colo. Rev. Stat. § 37-42-141 Ratification of irrigation district

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If the landowners of an irrigation district entitled to vote at elections have authorized the dissolution of the district in the manner provided by section 37-42-139 but the plan of dissolution so authorized has not been implemented and the district has continued to function as a…