Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-43-101 Definition of landowner
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For the purposes of sections 37-43-101 to 37-43-103, a landowner shall be held to be any individual eighteen years of age or older, owning in fee within an irrigation district land in excess of one acre that is subject to irrigation district taxation or assessment, who is a citiz…
Colo. Rev. Stat. § 37-43-102 Landowners to vote for directors on acreage basis
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Landowners in irrigation districts in this state who do not have the right to vote for district directors on an acreage basis shall have such right if so authorized as provided in sections 37-43-101 and 37-43-103. Source: L. 35: p. 663, � 1. CSA: C. 90, � 485. CRS 53: � 149-3-1. …
Colo. Rev. Stat. § 37-43-103 Directors may submit question
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At any general or special election held in any irrigation district, the board of directors may submit to the electors of the district the question of voting for directors of the district on an acreage basis; except that no landowner has the right to vote more than eighty acres in…
Colo. Rev. Stat. § 37-43-104 Qualifications of directors and electors. (Repealed)
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Source: L. 71: p. 1347, � 2. C.R.S. 1963: � 150-3-89. L. 2002: Entire section repealed, p. 9, � 3, effective March 5.
Colo. Rev. Stat. § 37-43-105 Increasing number of directors
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The board of directors of any irrigation district in the state of Colorado may submit to the electors of any such district the question of whether or not the number of directors of such district shall be increased from three to five. Source: L. 45: p. 419, � 1. CSA: C. 90, � 487(…
Colo. Rev. Stat. § 37-43-106 Calling election - ballot
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Such election may be called by any board of directors and shall be called if a petition therefor, signed by thirty percent of the qualified electors in said district, as defined in section 37-43-108, is presented to any such board, which election shall be a special election and t…
Colo. Rev. Stat. § 37-43-107 Voting
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The preference of voters shall be indicated by inserting a cross mark following either one or the other of the foregoing propositions, and said ballot shall have printed upon the face thereof instructions to the voters, worded as follows: To vote for or against an increase in the…
Colo. Rev. Stat. § 37-43-108 Who may vote
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Any qualified elector, as defined in the law under which such district is organized, owning agricultural lands of one acre or more in extent may vote at such election and is entitled to one vote and shall not vote upon an acreage basis regardless of whether or not the landowners …
Colo. Rev. Stat. § 37-43-109 Canvassing vote - directors-at-large
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The vote shall be canvassed by the board of directors at its first regular meeting after such election, and, if a majority of landowners voting at such special election vote for an increase in the membership of directors of the said district from three to five, at their next regu…
Colo. Rev. Stat. § 37-43-110 When directors-at-large elected
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At the next general election following such special election, in the event the landowners vote in favor of an increase in the membership of the board of directors, there shall be elected two directors-at-large, one to serve for two years and one for three years, and, at each regu…
Colo. Rev. Stat. § 37-43-111 Eligibility of directors
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The law applicable to the qualification of directors shall be applicable to directors-at-large so appointed or elected. Source: L. 45: p. 420, � 7. CSA: C. 90, � 487(7). CRS 53: � 149-3-10. C.R.S. 1963: � 150-3-10.
Colo. Rev. Stat. § 37-43-112 Agricultural college and school lands included
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For the purpose of furnishing water and securing water rights for agricultural college and public school lands lying within or adjacent to the boundaries of any irrigation district organized, the state board of land commissioners is authorized to petition all such lands into such…
Colo. Rev. Stat. § 37-43-113 Petition - form and execution
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All such petitions shall be in the form provided by law for the petition of other lands into such irrigation districts, and shall be signed, sealed, and acknowledged by the register of the state board of land commissioners on behalf of said board and shall in addition be counters…
Colo. Rev. Stat. § 37-43-114 Assessments
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All such lands so included in any irrigation district in this state shall be assessed for irrigation district purposes in the same manner and at the same rate as other lands in such irrigation districts. Source: L. 09: p. 429, � 3. C.L. � 2028. CSA: C. 90, � 490. CRS 53: � 149-3-…
Colo. Rev. Stat. § 37-43-115 Mode of payment - receipts
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It is the duty of the county treasurer of each county in this state wherein any irrigation district is located and in which such lands have been so included to notify the register of the state board of land commissioners on or before February 1 of each year of the amount of distr…
Colo. Rev. Stat. § 37-43-116 Purchaser to pay accrued assessments
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Upon the receipt of such receipts from said county treasurers, it is the duty of the register of the state board of land commissioners to enter and charge the same against each tract of land so paid on, in a book to be kept by him for that purpose, showing the amount paid, date o…
Colo. Rev. Stat. § 37-43-117 Lessee to pay assessments in addition to rent
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In the event that any such tracts of land so included within any irrigation district are leased from the state board of land commissioners, then all such lessees, in addition to the rental paid to said state board of land commissioners, shall pay such an additional amount to said…
Colo. Rev. Stat. § 37-43-118 Purchasers to pay to register until patent
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All contracts for the sale of any such lands included within any irrigation district, in addition to the purchase price to be paid, shall provide that such purchaser, on or before March 1 in each year, until he has secured a patent for such lands, shall pay to the register of the…
Colo. Rev. Stat. § 37-43-119 Board of directors may exclude land
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The board of directors of an irrigation district by resolution may exclude any lands from the district, if such district does not have any outstanding unpaid bonded indebtedness and if the permission of the owner of the fee title and of any equitable owner has first been had or s…
Colo. Rev. Stat. § 37-43-120 Land may be excluded at time of refinancing
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At any time during the refinancing of the bonded indebtedness of an irrigation district, the board of directors thereof by resolution may exclude any land from such district, provided such exclusion is known to the purchaser of the district's refunding bonds. Source: L. 35: p. 66…
Colo. Rev. Stat. § 37-43-121 Prior exclusion of lands
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All exclusions of lands made prior to February 16, 1935, by boards of directors of irrigation districts which would be lawful under the terms and provisions of sections 37-43-119 and 37-43-120 are declared to be lawful. Source: L. 35: p. 665, � 3. CSA: C. 90, � 497. CRS 53: � 149…
Colo. Rev. Stat. § 37-43-122 Irrigation districts to provide drainage
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Upon presentation of a petition to the board of directors of an irrigation district signed by not less than two-thirds of the legal voters of such district, each of whom is the owner of five acres or more of lands within the district and has paid the irrigation district taxes in …
Colo. Rev. Stat. § 37-43-123 Title in seepage or waste waters
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Whenever it appears necessary, proper, or beneficial to the lands affected thereby to drain such lands or any portion thereof on account of the irrigation which has been done, or which is intended to be done under such laws, whether for the purpose of more beneficially carrying o…
Colo. Rev. Stat. § 37-43-124 Sale of water rights and property
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The board of directors of any irrigation district may sell or dispose of any part or all of the irrigation works, franchises, water rights, or other property of the district when authorized so to do by the vote of a two-thirds majority of the legally qualified electors of the dis…
Colo. Rev. Stat. § 37-43-125 Election - notice - canvass
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Whenever it is desired to sell property of the district, the board of directors, by resolution entered in the minutes of their proceedings, shall submit such questions to the qualified voters of said district at a special election of the district called for such purpose or at a g…
Colo. Rev. Stat. § 37-43-126 Determination of validity of sale
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(1) In case, upon the canvass of a 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 selling all or part of the dams, reservoirs, canals, franchises, water rights, and other pro…
Colo. Rev. Stat. § 37-43-127 Proceedings by elector on failure of board
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If no such proceedings have 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 boar…
Colo. Rev. Stat. § 37-43-128 Sale
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The sale may be made to any person or to a corporation organized under the laws of the state of Colorado, or may be made to the United States, but no sale of water rights shall in any manner impair or be deemed to relinquish any of the sovereign rights of the state of Colorado in…
Colo. Rev. Stat. § 37-43-129 Decree of sale
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The court in its decree has the power to make the orders necessary to carry out said proposition or plan for the sale of the dams, reservoirs, canals, franchises, water rights, or other property of the district; but no plan for the sale of the entire property of irrigation distri…
Colo. Rev. Stat. § 37-43-130 Construction
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Sections 37-43-124 to 37-43-131 shall be liberally construed to carry out the intent and purpose, and nothing in this article shall be held to curtail or abridge the powers of the district officers, the boards of county commissioners, or the revenue officers of the state in the a…
Colo. Rev. Stat. § 37-43-131 Distribution of proceeds
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Whenever all of the property of any irrigation district has been disposed of and all of the indebtedness and obligations thereof, if any, have been discharged, the balance of the money of said district shall be distributed to the landowners in said district upon the last assessme…
Colo. Rev. Stat. § 37-43-132 Purposes for bond issues
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Whenever irrigation districts shall be organized or created under the laws of this state, they have power to construct, build, or acquire irrigation works and to purchase or acquire rights-of-way, reservoirs, water rights, and priorities of rights to the use of water, all of whic…
Colo. Rev. Stat. § 37-43-133 Meeting of landowners
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Whenever the board of directors of any irrigation district proposes to issue negotiable coupon general obligation bonds of the district for one or more of said purposes, it shall call a meeting of the owners of land in the district, at which meeting the question of issuing such b…
Colo. Rev. Stat. § 37-43-134 Voting on bond issue
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The president of the board of directors, or in his absence one of the other members of the board of directors of the district, shall preside at such meeting and the secretary of the board shall act as secretary of the meeting. The landowners present shall elect three of their own…
Colo. Rev. Stat. § 37-43-135 Resolution of board of directors
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If the result so certified shows that votes representing eighty percent of the acres of taxable land in the district have been cast in favor of the proposed bonds, the board of directors, by resolution, may authorize the issuance of negotiable coupon general obligation bonds of t…
Colo. Rev. Stat. § 37-43-136 Levy of tax - collection
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For the purpose of paying such bonds and the interest thereon, the board of directors of any district issuing bonds under this article is authorized to levy ad valorem taxes on all taxable land within the district. Such taxes shall be certified, extended, and collected at the sam…
Colo. Rev. Stat. § 37-43-137 Bonds receivable in payment of taxes
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Bonds of any maturity issued under this part 1 may be used at face value in paying taxes levied to pay the principal of such bonds; except that bonds maturing after the year in which the bonds are so used shall have all future due coupons attached thereto and no credit shall be a…
Colo. Rev. Stat. § 37-43-138 Construction
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The provisions of sections 37-43-132 to 37-43-138 shall not be construed to be exclusive of the provisions of any other laws authorizing the issuance of irrigation district bonds, but shall be construed to be supplemental thereto, and owners of land within any existing irrigation…
Colo. Rev. Stat. § 37-43-139 Bonds to retire warrants
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Whenever any irrigation district formed under the laws of this state has issued warrants for any purposes for which said irrigation district could lawfully have issued its bonds, it is lawful for said irrigation district to issue bonds for the purpose of retiring said warrants, s…
Colo. Rev. Stat. § 37-43-140 Subject to outstanding bonds
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All bonds issued by any irrigation district under the provisions of section 37-43-139 shall be subject to all bonds previously issued by such district. Source: L. 13: p. 385, � 2. C.L. � 1993. CSA: C. 90, � 520. CRS 53: � 149-3-39. C.R.S. 1963: � 150-3-39.
Colo. Rev. Stat. § 37-43-141 Levy of tolls or charges
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The board of directors of any irrigation district within the state may annually or otherwise levy and assess such tolls or charges as may be necessary to raise moneys for the maintenance and operation or payment of existing unfunded indebtedness of the district, said tolls or cha…
Colo. Rev. Stat. § 37-43-142 Where payment of tolls made
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Payments of tolls or charges provided for in section 37-43-141 shall in each instance be made to the secretary or treasurer of such district as may be directed by the board of directors thereof. Source: L. 37: p. 786, � 2. CSA: C. 90, � 479(2). CRS 53: � 149-3-41. C.R.S. 1963: � …
Colo. Rev. Stat. § 37-43-143 Water may be refused - when
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The board of directors of any irrigation district within the state of Colorado, by resolution, may refuse to deliver water to any land within such district upon which land any tax or assessment has been levied for the payment of principal or interest due or to become due on the b…
Colo. Rev. Stat. § 37-43-144 Issuance of refunding bonds
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The board of directors of any irrigation district, under the conditions provided in sections 37-43-144 to 37-43-151, may issue negotiable coupon bonds, denominated as refunding bonds for the purpose of taking up, paying off, and refunding any outstanding indebtedness of the distr…
Colo. Rev. Stat. § 37-43-145 Board of directors to issue bonds
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(1) Whenever it is desired to issue refunding bonds under sections 37-43-144 to 37-43-151, the board of directors of the district, by resolution entered in the minutes of their proceedings, shall call a special election of the qualified voters of said district for the purpose of …
Colo. Rev. Stat. § 37-43-146 Submission of question to electors
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The board of directors at the same election, or at any future general or special election, may submit to the qualified voters of the district the question of whether the coupons upon such refunding bonds shall bear interest at a rate not to exceed six percent per annum after thei…
Colo. Rev. Stat. § 37-43-147 Sale of bonds
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In case of the sale of said refunding bonds or any portion thereof for cash, the same procedure shall be followed as in case of the sale of an original issue of bonds; but, if no bid of par or better is received at public sale, said bonds may be sold at private sale. No bond shal…
Colo. Rev. Stat. § 37-43-148 District treasurer to register bonds
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At the time of the issue by exchange or sale of refunding bonds authorized under the provisions of sections 37-43-144 to 37-43-151, each bond shall be registered by the district treasurer in a book to be kept by the district treasurer for this purpose. Coupons evidencing unearned…
Colo. Rev. Stat. § 37-43-149 Collection of taxes
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Taxes for the payment of interest and principal of said refunding bonds shall be levied and thereafter collected in the same manner as provided by law for the levy and collection of taxes for the payment of interest and principal of an original issue of irrigation district bonds.…
Colo. Rev. Stat. § 37-43-150 Validity of bonds examined
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The validity of refunding bonds issued pursuant to sections 37-43-144 to 37-43-151 may be judicially examined, approved, and confirmed in the same manner as an original issue of bonds of such district. Source: L. 35: p. 676, � 7. CSA: C. 90, � 527. CRS 53: � 149-3-49. C.R.S. 1963…