Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-44-101 Liberal construction
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This article, being necessary to secure and preserve the public health, safety, convenience, and welfare, and being necessary for the security of public and private property, shall be liberally construed to effect the purposes of this article. Source: L. 23: p. 519, � 48. CSA: C.…
Colo. Rev. Stat. § 37-44-102 Petition - establishment of an internal improvement district
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(1) For the purpose of the establishment of an internal improvement district, as provided for by this article, a petition shall be filed in the office of the clerk of the district court of the county which embraces the largest acreage of the proposed district, which district cour…
Colo. Rev. Stat. § 37-44-103 Powers of district
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(1) Any district organized under this article has the power, whenever necessary or expedient to promote the object of the district: (a) To provide for the drainage of lands whether lying within or without the boundaries of such district; (b) To acquire by condemnation or otherwis…
Colo. Rev. Stat. § 37-44-104 Presentation and allowance of petitions
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(1) (a) When such petition is presented and it appears that the notice of presentation of said petition has been given, as required by section 37-44-102, and that said petition has been signed by the requisite number of petitioners, the district court in which said petition is pr…
Colo. Rev. Stat. § 37-44-105 Notice of election - voters - ballots
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(1) The clerk of the district court of the county where said petition was presented shall thereupon cause a notice embodying said orders in substance, signed by the clerk of the said district court, to be issued, given, and published, giving notice of said election and the time a…
Colo. Rev. Stat. § 37-44-106 Canvass of votes
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The district judge, within ten days after the returns of said election have been filed with the clerk of said district court by the judges of election in the various precincts of said district, shall proceed to canvass the returns of the votes cast thereat and if it is proven to …
Colo. Rev. Stat. § 37-44-107 Plans for improvements
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Upon qualification, the board of directors shall prepare, or cause to be prepared, a plan for the improvements for which the district was created. Such plan shall include such maps, profiles, plans, other data and descriptions as may be necessary to give the proper location and c…
Colo. Rev. Stat. § 37-44-108 Directors - powers and duties
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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 and a district treasurer. The board has power, and it is its duty, to adopt a seal; manage and conduct the affairs and business of the district; make …
Colo. Rev. Stat. § 37-44-109 Meetings of board - records
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The board of directors shall hold a regular quarterly meeting in its office on the first Tuesday after the first Monday 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 b…
Colo. Rev. Stat. § 37-44-110 Title - tax exemption
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The title to all property acquired under the provisions of this article, immediately and by operation of law, shall vest in such internal improvement district in its corporate name, and shall be held by such district in trust and is hereby dedicated and set apart for the uses and…
Colo. Rev. Stat. § 37-44-111 Conveyances - power to sue
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The board is hereby empowered to take conveyances or assurances for all property acquired by it under the provisions of this article and, in the name of such internal improvement district to and for the purposes expressed in this article, to institute and maintain any action or p…
Colo. Rev. Stat. § 37-44-112 Bonds
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(1) For the purpose of constructing, purchasing, or acquiring necessary reservoir sites, reservoirs, canals, ditches, and works and acquiring the necessary property rights therefor, for the purpose of paying an amount not to exceed the first five years' interest on the bonds auth…
Colo. Rev. Stat. § 37-44-113 Sale of bonds
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(1) The board may sell bonds so issued from time to time in such quantities as necessary and most advantageous to raise the money for the construction of reservoirs or canals, or the purchase of reservoir sites, reservoirs, water rights and works, and otherwise to carry out the o…
Colo. Rev. Stat. § 37-44-114 Classification of lands
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(1) As soon as the plans for the development of storage water and flood protection have been determined and before the actual work thereon is begun or bonds voted, the board of directors shall proceed to make special assessments for benefits by classifying the lands in the distri…
Colo. Rev. Stat. § 37-44-115 Objections to classifications
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At the time of said meeting, the board of directors shall hear any objections made by any interested person, and, if satisfied that any injustice has been done in the classification of the tracts of land, it shall correct the same in accordance with what is right, but, if not so …
Colo. Rev. Stat. § 37-44-116 Conduct of appeals
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Appeals taken to the district court under the provisions of section 37-44-115 may be heard at any term thereof at such time as may be fixed by the court, and the cost of such appeal at the discretion of the court may be divided between the internal improvement district and the ow…
Colo. Rev. Stat. § 37-44-117 Appeal not to delay
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The taking of an appeal by any person as provided in section 37-44-115 shall not operate to delay the collection of any assessment from which no appeal has been taken or to delay the progress of the work or the issuing of any bonds. Source: L. 23: p. 505, � 15. CSA: C. 138, � 31.…
Colo. Rev. Stat. § 37-44-118 Modification of classification
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The board of directors shall modify such classification so that the same conforms to the changes made therein in the hearings before said board, and the secretary of the district shall certify and file said classification of property of the district so modified, properly tabulate…
Colo. Rev. Stat. § 37-44-119 Apportionment of levy
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(1) On or before July 1 in each year, the board of directors shall determine the amount of money required to meet the current expenses of the district for the coming year, including the cost of construction, maintenance, including maintenance of drainage works, operating expenses…
Colo. Rev. Stat. § 37-44-120 Assessment
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The assessment list shall be completed on or before July 15, and, on the first Tuesday in August in each year and from day to day thereafter, Sundays excepted, the board of directors shall sit to hear complaints and to correct errors in such assessments until all complaints filed…
Colo. Rev. Stat. § 37-44-121 Assessment list - collection
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On or before September 1 in each year, the secretary shall transmit to the county assessor of each county in which said district is located, a certified copy of so much of said assessment book as relates to land within said county together with a certified copy of the order of th…
Colo. Rev. Stat. § 37-44-122 Assessment book
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The secretary of the board of directors shall deliver the assessment book duly certified together with a copy of the order of the board of directors, levying said assessment, to the district treasurer of said internal improvement district. Source: L. 23: p. 507, � 20. CSA: C. 138…
Colo. Rev. Stat. § 37-44-123 Assessments affect land benefited
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All districts organized under authority of this article shall be special or local improvement districts. The assessments levied by, for, or on behalf of any such district shall be local or special improvement assessments. Such assessments shall be determined and levied according …
Colo. Rev. Stat. § 37-44-124 District treasurer
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(1) (a) The district treasurer shall be liable upon the district treasurer's official bond and to indictment and criminal prosecution for malfeasance, misfeasance, or failure to perform any duty prescribed in this article 44 as district treasurer. The district treasurer may colle…
Colo. Rev. Stat. § 37-44-125 Where office of district kept
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The office of the district shall be kept at such place as the board of directors may designate in the county where the petition for the formation of said district was originally filed. Source: L. 23: p. 509, � 23. CSA: C. 138, � 39. CRS 53: � 149-5-23. C.R.S. 1963: � 150-4-23.
Colo. Rev. Stat. § 37-44-126 Election of officers - oath or affirmation - bond
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(1) The regular election of the district for the purpose of electing a board of directors shall be held on the first Monday after the first Tuesday in December of each year, at which time one director shall be elected for a term of five years; except that, at the first election h…
Colo. Rev. Stat. § 37-44-127 Notices of election of officers
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Fifteen days prior to any election held under the provisions of this article and after the organization of an internal improvement district, the secretary shall cause notices specifying the polling place of each precinct to be posted in three public places in each precinct, givin…
Colo. Rev. Stat. § 37-44-128 Judges and clerk of election
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Prior to the time for posting said notices, the board of directors shall appoint three judges of election in each precinct, each of whom shall be a landowner within said precinct, and one of whom shall act as clerk of the election. Source: L. 23: p. 511, � 26. CSA: C. 138, � 42. …
Colo. Rev. Stat. § 37-44-129 Voters to appoint judges if necessary
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If the board of directors fails to appoint judges or the appointees fail to attend at the hour designated for opening the polls on the morning of election, the voters of the precinct present at that hour may appoint one or more judges to supply the places of those absent. Source:…
Colo. Rev. Stat. § 37-44-130 Administration of oath
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Any judge or clerk of election may administer and certify oaths required to be administered during the progress of an election. Before opening the polls each judge and clerk shall take and subscribe an oath to faithfully perform the duties imposed upon him by law. Any qualified e…
Colo. Rev. Stat. § 37-44-131 Hours polls open
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The polls shall be open at 8 a.m. and be kept open until 6 p.m. of the day of election. Source: L. 23: p. 511, � 29. CSA: C. 138, � 45. CRS 53: � 149-5-29. C.R.S. 1963: � 150-4-29.
Colo. Rev. Stat. § 37-44-132 Count of ballots - certificate of returns
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After closing the polls the judges of election shall forthwith proceed to count the ballots and make returns of the results of the election. It is the duty of the clerk forthwith to deliver the returns duly certified to the board of directors of the internal improvement district,…
Colo. Rev. Stat. § 37-44-133 Canvass of returns - result
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The board of directors shall meet at the office of the internal improvement district on the first Monday after an election and canvass the returns. If at the time of the meeting the returns have been received from all the precincts, the board of directors shall then proceed to ca…
Colo. Rev. Stat. § 37-44-134 Procedure in case of tie
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In the event that at any regular or special election two or more persons receive the same number of votes and one is elected thereby, the election shall be determined by lot under direction of the county judge of the county in which the office of the internal improvement district…
Colo. Rev. Stat. § 37-44-135 Certificate of election
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The secretary shall forthwith deliver to each person elected a certificate of election, signed by the secretary and authenticated with the seal of the internal improvement district. Source: L. 23: p. 512, � 33. CSA: C. 138, � 49. CRS 53: � 149-5-33. C.R.S. 1963: � 150-4-33.
Colo. Rev. Stat. § 37-44-136 Filling vacancy
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In case of vacancy in the board of directors, by death, removal, or inability from any cause to properly discharge the duties of a director, the board of county commissioners of the county where the office of said district is located shall appoint a director who shall hold his of…
Colo. Rev. Stat. § 37-44-137 Collection of assessments
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The revenue laws of this state for the assessment and collection of taxes on real estate for county purposes, except as modified by this article, shall be effective for the purposes of this article, including the enforcement of penalties and forfeitures for delinquent taxes. Sour…
Colo. Rev. Stat. § 37-44-138 Construction contract - bond
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After adopting a plan for the construction of reservoirs and works for the protection of life and property and to furnish water for the irrigation of the territory embraced within the boundaries of the internal improvement district, or to drain lands within or without the boundar…
Colo. Rev. Stat. § 37-44-139 Claims - audit - payment
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Except with respect to claims coming within the provisions of article 10 of title 24, C.R.S., no claim shall be paid by the district treasurer until the same is allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants…
Colo. Rev. Stat. § 37-44-140 Expenses of organization
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For the purpose of defraying the expenses of the organization of the district, and the repair, operation, management, and improvement of all reservoirs, inlet works, outlet works, drainage works, canals, and works for the protection of life and property from floods, washing, and …
Colo. Rev. Stat. § 37-44-141 Works may cross other lands
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The board of directors has the dominant power to construct said works across any stream of water, watercourses, street, avenue, highway, railway, canal, ditch, or flume which intersects or crosses the area covered by such works or reservoir site, and, if said board and such railr…
Colo. Rev. Stat. § 37-44-142 Officers' compensation
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The directors shall receive a salary at the rate of four dollars per day while attending meetings and for each day necessarily spent in attending to the business of the district and their actual and necessary expenses while engaged in official business. The salary of the secretar…
Colo. Rev. Stat. § 37-44-143 Limit of indebtedness
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The board of directors, or other officers of the district, shall have no power to incur any debt or liability, either by issuing bonds or otherwise, in excess of the express provisions of this article, and any debt or liability incurred in excess of such express provisions shall …
Colo. Rev. Stat. § 37-44-144 Insufficient supply
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In case the volume of storage water from the reservoir or other works in any district shall not be sufficient to supply the continual wants of that portion of the district requiring reservoir water, then it is the duty of the board of directors to distribute all water available o…
Colo. Rev. Stat. § 37-44-145 Judicial action on bonds
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The board of directors of an internal improvement district organized under the provisions of this article may commence special proceedings, by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of the district, w…
Colo. Rev. Stat. § 37-44-146 Petition for confirmation
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The board of directors shall present to the district court in which the organization of the district was elected, a petition, praying, in effect, that the proceedings may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings…
Colo. Rev. Stat. § 37-44-147 Notice of hearing
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The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published for three successive weeks in a newspaper published in each county into which …
Colo. Rev. Stat. § 37-44-148 Answer or pleading
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Any person interested in said district, or in the issue or sale of said bonds, may move to dismiss or to answer said petition. The Colorado rules of civil procedure respecting motions to dismiss and answer to a verified complaint shall be applicable to a motion to dismiss and ans…
Colo. Rev. Stat. § 37-44-149 Determination
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Upon the hearing of such special proceedings, the court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed and shall have power and jurisdiction to examine and determine the legalit…