Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-43-151 Relief of lands from burden of refunded indebtedness
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At any refunding bond election held under the provisions of sections 37-43-144 to 37-43-151, the board of directors may submit to the voters of the district the question of giving landowners the privilege of relieving their lands from the lien of taxes or assessments to be levied…
Colo. Rev. Stat. § 37-43-152 Board may contract with United States
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The board of directors of any irrigation or drainage district, organized under the laws of the state of Colorado, in its discretion, whenever it is determined by such board to be for the best interests of any such district, may contract with the United States or any governmental …
Colo. Rev. Stat. § 37-43-153 Provisions of contract
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Such contract and the proceedings taken by any such district pursuant thereto and in connection with the authorization and issue of refunding bonds, in case the indebtedness of such district is reduced by the issuance of such refunding bonds, may include provisions whereby the bo…
Colo. Rev. Stat. § 37-43-154 Prior contracts validated
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Contracts entered into prior to April 10, 1935, between irrigation and drainage districts and the United States or any agency thereof, for any of the purposes stated in section 37-43-152, and all proceedings taken pursuant thereto for the creation of reserve funds are hereby rati…
Colo. Rev. Stat. § 37-43-155 Powers cumulative
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The powers conferred in sections 37-43-152 to 37-43-154 upon the board of directors of any irrigation or drainage district organized as provided in section 37-43-152 are cumulative in character and are in addition to all powers possessed by any such board under the laws of the st…
Colo. Rev. Stat. § 37-43-156 Irrigation districts may dissolve
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Any irrigation district organized under the laws of the state of Colorado may be dissolved in the manner provided in sections 37-43-156 to 37-43-166. Source: L. 15: p. 307, � 1. C.L. � 2035. CSA: C. 90, � 533. CRS 53: � 149-3-55. C.R.S. 1963: � 150-3-55.
Colo. Rev. Stat. § 37-43-157 Petition - where filed - contents
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A majority of the legally qualified electors of any irrigation district, or the holders of the legal title to a majority of the whole acreage of said district, or seventy-five percent or more in amount of the holders of the bonds issued by said irrigation district may propose the…
Colo. Rev. Stat. § 37-43-158 Dissolution - special election
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(1) Upon the filing of said petition with the board of directors of said district, the board shall call a special election, at which shall be submitted to the qualified electors of such district the question whether or not said district shall be dissolved, its indebtedness liquid…
Colo. Rev. Stat. § 37-43-159 Determination of validity of dissolution
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(1) In case, upon the canvass of the vote at such election, it is found and declared by said board of directors that a majority of the votes cast at such election have been cast in favor of Dissolution of the District - Yes, then the board of directors shall file a petition in th…
Colo. Rev. Stat. § 37-43-160 Contents of petition - procedure - costs
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Such petition to the district court shall set forth the facts required to be set forth in the petition to the board of directors and all the proceedings had thereunder, and at the hearing the court shall hear and determine the regularity, legality, and correctness of all proceedi…
Colo. Rev. Stat. § 37-43-161 Elector may bring action
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If no such proceeding has been filed by the board of directors within thirty days after the canvass of said vote, then any qualified elector of the district may bring an action in the district court of the county wherein the office of the board of directors is located. The board …
Colo. Rev. Stat. § 37-43-162 May organize corporation to acquire assets
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A corporation may be organized under general laws for the purpose of acquiring the assets of said district, including the irrigation system, if any, dams, reservoirs, canals, franchises, water rights, and all other property of any nature belonging to said district, which corporat…
Colo. Rev. Stat. § 37-43-163 Decree of court
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(1) The court in its decree shall have power to make the orders necessary to carry out said proposition or plan for the liquidation of the indebtedness and distribution of the property of said district, including the right to apportion any indebtedness found due, and to declare s…
Colo. Rev. Stat. § 37-43-164 Apportionment of indebtedness
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In any such proceeding for the dissolution of any irrigation district, the district court also has power, subject to such terms and conditions as it may deem just and equitable under the circumstances, to apportion the bonded indebtedness of the district among the various tracts …
Colo. Rev. Stat. § 37-43-165 Plan must provide for adequate levies
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No plan of liquidation shall be approved by the court which does not provide for the making of all levies required by the laws of the state of Colorado for the payment of all valid indebtedness of the district. In the petition mentioned in section 37-43-157, it shall not be neces…
Colo. Rev. Stat. § 37-43-166 Foreclosure subject to prior taxes
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In case the court decrees the establishment of a lien against any portion of the lands in said district, or against any of the property of said district, the decree shall provide for the foreclosure of such liens upon the failure to make any payments for which said liens are give…
Colo. Rev. Stat. § 37-43-167 Disposition of surplus
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Whenever all the property of such irrigation district has been disposed of, and all indebtedness and obligations thereof, if any, have been discharged, the balance of the money of said district shall be distributed to the assessment payers in said district as named in the last as…
Colo. Rev. Stat. § 37-43-168 Procedure where district is solvent
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Irrigation districts which are free from debt may be dissolved under sections 37-43-156 to 37-43-168. In such cases, it shall not be necessary that the proceedings for the dissolution of said district shall be passed upon by the district court, as prescribed in section 37-43-159,…
Colo. Rev. Stat. § 37-43-169 Dissolution of inactive irrigation districts
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Whenever, for a period of five successive years, any irrigation district organized under the laws of the state of Colorado has failed to transact any business for which such district was organized, or its board of directors has failed to hold a meeting for the purpose of transact…
Colo. Rev. Stat. § 37-43-170 Petition for payment of indebtedness
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The president, secretary, any officer or director, any legally qualified elector of such district, or any holder of outstanding bonds of said district may file, in the district court of the county wherein is located the principal office of such irrigation district or of the count…
Colo. Rev. Stat. § 37-43-171 Jurisdiction - order for hearing
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Upon the filing of such petition, the district court shall be vested with jurisdiction of the subject matter and shall forthwith ascertain from testimony or other evidence, as nearly as may be, the names and addresses of all the creditors and bondholders, or their counsel or repr…
Colo. Rev. Stat. § 37-43-172 Notice of hearing
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Immediately upon the making of such order by said district court, the clerk of such court shall issue a notice of such order, in the nature of a summons, under his hand and the seal of such court, notifying all persons included within such order of the contents thereof, which not…
Colo. Rev. Stat. § 37-43-173 Notice - how addressed
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Neither such notice nor such order shall be addressed to any person by name, but it shall be sufficient if it is addressed to any and all owners of land in such irrigation district, to the legal holders of any claims of indebtedness against said district, and to all persons inter…
Colo. Rev. Stat. § 37-43-174 Completion of service
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Service of such published or posted notice shall be deemed complete at the expiration of ten days after the last publication or posting and mailing thereof. At the expiration of the time required by such order to show cause, and not less than twenty days after the service of such…
Colo. Rev. Stat. § 37-43-175 Answer or contest - default
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Within the time required by such order to show cause, any person interested in the subject matter of such petition, including any owner of lands in said irrigation district or the holder of any of its indebtedness whether bonded or otherwise, may appear and move to dismiss, plead…
Colo. Rev. Stat. § 37-43-176 Proceedings in rem - accounting
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(1) All proceedings upon such petition shall be considered as in the nature of proceedings in rem, and the court has power to make any proper orders affecting the rights of all parties interested therein, and may order all of the corporate property of said irrigation district to …
Colo. Rev. Stat. § 37-43-177 Indebtedness of inactive districts
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(1) In addition to the methods provided in sections 37-43-169 to 37-43-178, the following method of providing for the naming of directors and ascertaining and providing for the payment and discharge of the indebtedness of inactive or abandoned irrigation districts may be followed…
Colo. Rev. Stat. § 37-43-178 Appeals
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Appellate review as provided by law and the Colorado appellate rules shall lie to review the orders, judgments, or decrees of the district court entered in either of the proceedings provided in sections 37-43-169 to 37-43-178, and the supreme court shall advance such cases upon i…
Colo. Rev. Stat. § 37-43-179 Dissolution - where bondholders are unknown
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Any irrigation district organized under the laws of the state of Colorado in which bonds have been issued and in which said bonds were not registered as required by law, and the whereabouts of the bondholders is unknown, and more than twenty years has elapsed since the maturity d…
Colo. Rev. Stat. § 37-43-180 Petitions for dissolution
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Any person who is the owner of real property situated in said district sought to be dissolved may file a verified petition in the district court of the county wherein is located the principal office of such irrigation district or of the county wherein lies the greater portion of …
Colo. Rev. Stat. § 37-43-181 Notice of hearing
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(1) After the filing of said petition, the court shall thereupon enter an order fixing a day certain for the hearing of said petition, said date not to be less than forty-five days from the date on which said petition was filed. Immediately upon making such order by the district …
Colo. Rev. Stat. § 37-43-182 Disposition of unpaid funds
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If, at the time of the entry of the order of dissolution, there remains in the funds of any county treasurer any moneys for the redemption of said bonds, the court shall require, by its proper order, said county treasurer to disburse said funds to any persons who present bonds fo…
Colo. Rev. Stat. § 37-43-183 Application
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(1) Before July 1, 2024, the provisions of sections 37-43-183 to 37-43-189 shall apply only to irrigation districts having a bonded indebtedness of twenty dollars or more per acre and to lands in such described irrigation districts upon which the general property taxes have been …
Colo. Rev. Stat. § 37-43-184 Treasurer to strike off lands to county - repeal. (Repealed)
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Source: L. 33: p. 646, � 1. CSA: C. 90, � 557. CRS 53: � 149-3-83. C.R.S. 1963: � 150-3-83. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 806, � 14, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-185 Redemption - repeal. (Repealed)
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Source: L. 33: p. 647, � 2. CSA: C. 90, � 558. CRS 53: � 149-3-84. C.R.S. 1963: � 150-3-84. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 807, � 15, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-186 Lands offered for sale - when - repeal. (Repealed)
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Source: L. 33: p. 647, � 3. CSA: C. 90, � 559. CRS 53: � 149-3-85. C.R.S. 1963: � 150-3-85. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 807, � 16, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-187 When county entitled to tax deed - repeal. (Repealed)
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Source: L. 33: p. 648, � 4. CSA: C. 90, � 560. CRS 53: � 149-3-86. C.R.S. 1963: � 150-3-86. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 807, � 17, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-188 County may sell by quitclaim deed - repeal. (Repealed)
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Source: L. 33: p. 648, � 5. CSA: C. 90, � 561. CRS 53: � 149-3-87. C.R.S. 1963: � 150-3-87. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 807, � 18, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-201 Short title
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This part 2 shall be known and may be cited as the Irrigation District Salinity Control Act. Source: L. 88: Entire part added, p. 1227, � 1, effective April 6.
Colo. Rev. Stat. § 37-43-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Contracting district means an irrigation district which has entered into a salinity control contract. (2) Irrigation district means an irrigation district formed pursuant to the provisions of article 41 or 42 of t…
Colo. Rev. Stat. § 37-43-203 Applicability - exercise of authority
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The provisions of this part 2 shall apply only to irrigation districts formed prior to January 1, 1988. The powers and authority conferred by this part 2 may be exercised only within the boundaries of such an irrigation district, as such boundaries existed on January 1, 1988. Sou…
Colo. Rev. Stat. § 37-43-204 Irrigation district - authority to contract
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Subject to authorization by a vote of the electors as provided in section 37-43-211, an irrigation district formed prior to January 1, 1988, shall have and may exercise all rights and powers necessary or incidental to enter into, implement, and perform a salinity control contract…
Colo. Rev. Stat. § 37-43-205 Special assessment
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(1) (a) To the extent that the expenses of the operation and the maintenance of salinity control laterals are in excess of annual reimbursements payable to a contracting district by the United States under a salinity control contract, the contracting district may levy special ass…
Colo. Rev. Stat. § 37-43-206 Authority to obtain loans to defray expenses
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Upon authorization of its board of directors, a contracting district shall have the authority to obtain loans, upon such terms and granting such security for repayment thereof as the board deems proper, to defray the annual expenses of operation and maintenance required to perfor…
Colo. Rev. Stat. § 37-43-207 Power of eminent domain
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In order to carry out the purposes of this part 2, a contracting district shall have the power of eminent domain to acquire, within the boundaries of the district, existing lateral ditches, pipelines, and appurtenances thereto and interests therein, easements, rights-of-way, and …
Colo. Rev. Stat. § 37-43-208 Contracts - reimbursement by United States
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If payments required under contracts made by a contracting district for construction, improvement, operation, or maintenance of facilities, or for supplying of materials or services, in implementation of a salinity control contract are to be paid for or reimbursed by the United S…
Colo. Rev. Stat. § 37-43-209 Submission of plans to state engineer - not required
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(1) Notwithstanding the provisions of section 37-41-104 (1), a contracting district shall not be required to submit to the state engineer: (a) Plans for the construction, operation, or maintenance of salinity control laterals; or (b) Information concerning such salinity control l…
Colo. Rev. Stat. § 37-43-210 Compensation of director of contracting district
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Amounts paid to a director of a contracting district for services rendered pursuant to a salinity control contract shall be excluded from and not considered to be a part of compensation subject to the limitations imposed by section 37-41-108 or 37-42-110 (3). Source: L. 88: Entir…
Colo. Rev. Stat. § 37-43-211 Creation of contracting district - election
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An irrigation district proposing to become a contracting district shall submit the question of whether to become a contracting district at a special election called for that purpose. Copies of the contract proposed to be entered into shall be maintained at the office of the distr…