Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-45-101 Short title
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This article shall be known and may be cited as the Water Conservancy Act. Source: L. 37: p. 1311, � 2. CSA: C. 173B, � 16. CRS 53: � 149-6-2. L. 61: p. 843, � 1. C.R.S. 1963: � 150-5-2.
Colo. Rev. Stat. § 37-45-102 Legislative declaration
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(1) It is hereby declared that to provide for the conservation of the water resources of the state of Colorado and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as defined in this article …
Colo. Rev. Stat. § 37-45-103 Definitions
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As used in this article 45, unless the context otherwise requires: (1) Acre-foot or acre-feet may be substituted by any other commonly used unit for the measurement of water when appropriate. (2) Board means the board of directors of the district. (3) Court means the district cou…
Colo. Rev. Stat. § 37-45-104 Name of district - bonds
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The districts created under this article may be termed water conservancy districts, and the bonds which may be issued under this article may be called water conservancy bonds, and such designation may be engraved or printed on their face. Source: L. 37: p. 1311, � 2. CSA: C. 173B…
Colo. Rev. Stat. § 37-45-105 Liberal construction
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This article, being necessary to secure and preserve the public health, safety, convenience, and welfare and for the security of public and private property, shall be liberally construed to effect the purposes of this article. Source: L. 37: p. 1358, � 39. CSA: C. 173B, � 53. CRS…
Colo. Rev. Stat. § 37-45-106 Constitutional construction clause
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If the courts of the state or of the United States declare any section, provision, paragraph, clause, sentence, or phrase, or part thereof, of this article invalid or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, or phrase, or pa…
Colo. Rev. Stat. § 37-45-107 Repeal - saving clause
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All acts or parts of acts conflicting in any way with any of the provisions of this article in regard to the improvements or improvement districts, or regulating or limiting the power of taxation or assessments, or otherwise interfering with the accomplishment of the purposes of …
Colo. Rev. Stat. § 37-45-108 Jurisdiction of district courts
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The district court sitting in and for any county in this state is hereby vested with jurisdiction when the conditions stated in section 37-45-109 are found to exist to establish water conservancy districts which may be entirely within or partly within and partly without the judic…
Colo. Rev. Stat. § 37-45-109 Petition
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(1) (a) Except as provided in subsection (2.5) of this section, before any water conservancy district is established under this article having a valuation for assessment of irrigated land, together with improvements thereon within the proposed district, of twenty million dollars …
Colo. Rev. Stat. § 37-45-110 Bond of petitioners
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At the time of filing the petition or at any time subsequent thereto and prior to the time of hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all expenses, including any expenses of an election, connected with the proceeding…
Colo. Rev. Stat. § 37-45-111 Notice of hearing on petition
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(1) Immediately after the filing of such petition, the court wherein such petition is filed, by order, shall fix a place and time, not less than sixty days nor more than ninety days after the petition is filed, for hearing thereon, and thereupon the clerk of said court shall caus…
Colo. Rev. Stat. § 37-45-112 Protests and hearings on petitions
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(1) (a) At any time after the filing of a petition for the organization of a conservancy district having a valuation for assessment of irrigated land within the proposed district, together with improvements thereon, of twenty million dollars or more, a petition protesting the cre…
Colo. Rev. Stat. § 37-45-113 Provisions for filing and recording decree of incorporation
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Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall transmit to the division of local government in the department of local affairs and to the county clerk and recorder in each of the counties having lands in said distr…
Colo. Rev. Stat. § 37-45-114 Appointment of board of directors
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(1) (a) Within thirty days after entering the decree incorporating said district, the court shall appoint a board of directors of the district with backgrounds reflecting the agricultural, municipal, industrial, and other interests in the beneficial use of water within the distri…
Colo. Rev. Stat. § 37-45-115 Organization of the board of directors
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(1) Each director shall take an oath or affirmation in accordance with section 24-12-101. (2) Upon taking the oath, the board shall choose one of its number chairman of the board and president of the district and shall elect some suitable person secretary of the board and of the …
Colo. Rev. Stat. § 37-45-116 Meetings and records
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(1) The meetings of the board of directors of a water conservancy district shall be subject to the requirements of part 4 of article 6 of title 24, C.R.S. (2) A majority of the directors shall constitute a quorum, and a concurrence of a majority of those in attendance, in any mat…
Colo. Rev. Stat. § 37-45-117 Employment of agents
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The secretary shall be custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal of the district, all certified copies …
Colo. Rev. Stat. § 37-45-118 General powers
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(1) The board has power on behalf of said district: (a) To have perpetual succession; (b) (I) (A) To take by appropriation, grant, purchase, bequest, devise, or lease, and to hold and enjoy water, waterworks, water rights, and sources of water supply, and any and all real and per…
Colo. Rev. Stat. § 37-45-119 Power to acquire rights-of-way
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Whenever, pursuant to this article, the electors of a water conservancy district have authorized a contract with the United States for construction and acquisition of works and water rights, which contract has obligated the district to acquire rights-of-way therefor to be conveye…
Colo. Rev. Stat. § 37-45-120 Subdistricts
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(1) Subdistricts may be organized upon the petition of the owners of real property, within or partly within and partly without the district, which petition shall fulfill the same requirements concerning the subdistricts as the petition outlined in section 37-45-109 is required to…
Colo. Rev. Stat. § 37-45-121 Classification of taxes and assessments - powers
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(1) In addition to the other means of providing revenue for such districts, the board has the power to levy and collect taxes and special assessments for maintaining and operating such works and paying the obligations and indebtedness of the district by any one or more of the met…
Colo. Rev. Stat. § 37-45-122 Levy and collection under class A
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(1) As to any district formed prior to April 22, 1957, to levy and collect taxes under class A, in each year, the board shall determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate…
Colo. Rev. Stat. § 37-45-123 Levy and collection under class B
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(1) (a) To levy and collect special assessments under class B, the board shall make an allotment of water or of capacity of specified works to each petitioning municipality in the district in the manner provided in this article and in such quantity as will in the judgment of the …
Colo. Rev. Stat. § 37-45-124 Levy and collection under class C
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(1) (a) To levy and collect special assessments upon lands under class C, the board shall make an allotment of water or of capacity of specified works to each of the petitioning public corporations, other than municipalities, within the district in the manner as provided in this …
Colo. Rev. Stat. § 37-45-125 Levy and collection under class D
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(1) To levy and collect special assessments upon lands under class D, the board shall make an allotment of water or of capacity of specified works to petitioning owners of lands in the district, upon which water may be beneficially used in the manner as provided in this article, …
Colo. Rev. Stat. § 37-45-126 Levies cover defaults and deficiencies
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The board, in making the annual assessments and levies, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts or the maturing of bonds and interest on all bonds and deficiencies and defaults of prior years and shall make ample provisi…
Colo. Rev. Stat. § 37-45-127 Objections to assessments - appeal
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(1) Prior to October 1 of each year in which assessments are made, the board shall appoint a time and place where it will meet within the district for the purpose of hearing objections to assessments, and prior notice of such hearing shall be given by publication in two issues, a…
Colo. Rev. Stat. § 37-45-128 Officers levy and collect taxes and assessments
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It is the duty of the officer or body having authority to levy taxes within each county, city and county, or town to levy the taxes and special assessments as provided in this article, and it is the duty of all county or city and county officials charged with the duty of collecti…
Colo. Rev. Stat. § 37-45-129 Sale for delinquencies
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(1) Before July 1, 2024, if the taxes or assessments levied are not paid, then the real property shall be sold at the regular tax sale for the payment of said taxes and assessments, interest, and penalties in the manner provided by the statutes of the state of Colorado for sellin…
Colo. Rev. Stat. § 37-45-130 Exemptions
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All property of whatever kind and nature owned by the state and by towns, cities, school districts, drainage districts, irrigation districts, park districts, water districts, or any other governmental agency within said district shall be exempt from assessment and levy by the boa…
Colo. Rev. Stat. § 37-45-131 Sale of water by contract
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The board may sell, lease, or otherwise dispose of the use of water or capacity in works by term contracts or by contracts for the perpetual use of the water or works to public corporations, districts, as that term is defined in section 37-45.1-102 (1), utilities, persons, mutual…
Colo. Rev. Stat. § 37-45-132 Contracts - security - enforcement
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(1) To meet the annual installments as provided in contracts for the use of water: (a) A water users' association may bind itself to levy an annual assessment on the use of water and to secure same by liens on land and water rights or in such manner as may be provided by law; (b)…
Colo. Rev. Stat. § 37-45-133 Sinking fund
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Whenever a contract of indebtedness has been created by the district, it shall be lawful for the board to make the annual levy of taxes and special assessments in such amount as will create a surplus of funds to meet the annual installments of indebtedness or the payment of bonds…
Colo. Rev. Stat. § 37-45-134 Additional powers
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(1) The board has the following powers concerning the management, control, delivery, use, and distribution of water by the district: (a) To make and enforce all reasonable rules and regulations for the management, control, delivery, use, and distribution of water; (b) To withhold…
Colo. Rev. Stat. § 37-45-135 Allotment of water to disabled landowner or administrator
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Where the landowner in a water conservancy district, organized under this article, is under disability by reason of infancy, insanity, or otherwise, or lands are held under administration, executorship, guardianship, conservatorship, trusteeship, receivership, or other similar pr…
Colo. Rev. Stat. § 37-45-136 Inclusion of lands
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(1) The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this article, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights…
Colo. Rev. Stat. § 37-45-137 Exclusion of lands
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(1) (a) The owner in fee of any lands constituting a portion of any district, regardless of the valuation for assessment of such district, or, if the valuation for assessment of an existing district is less than three hundred million dollars, not less than fifteen owners of land …
Colo. Rev. Stat. § 37-45-138 Board to execute contracts - issue bonds
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To pay for construction, operation, and maintenance of said works, and expenses preliminary and incidental thereto, the board is authorized to enter into a contract with the United States or any agency thereof, providing for payment in installments or to issue negotiable bonds of…
Colo. Rev. Stat. § 37-45-139 Contracts - submission to electors
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(1) Whenever the board incorporated under this article, by resolution adopted by a majority of the said board, determines that the interests of said district and the public interest or necessity demand the acquisition, construction, or completion of any source of water supply, wa…
Colo. Rev. Stat. § 37-45-140 Publication of call
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The resolution provided in section 37-45-139 shall be published once a week for two consecutive weeks, the last publication of which shall be at least ten days prior to the date set for said election, in a newspaper of general circulation within the district, and no other or furt…
Colo. Rev. Stat. § 37-45-141 Conduct of election
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(1) The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of general elections and shall make their returns to the court or secretary of the district, as applicable. At any regular or special meetin…
Colo. Rev. Stat. § 37-45-142 Bond elections - subsequent elections
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(1) No debt required by section 37-45-139 to be submitted to the electors of the district shall be incurred unless the proposition to create such debt is first submitted to and approved by the electors of the district. (2) In the event it appears from the returns that the proposi…
Colo. Rev. Stat. § 37-45-143 Confirmation of contract proceedings
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(1) In its discretion, the board may file a petition in the court at any time, praying for a judicial examination and determination of any power conferred or of any tax or assessment levied or of any act, proceeding, or contract of the district, whether or not said contract has b…
Colo. Rev. Stat. § 37-45-144 Correction of faulty notices
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In every case where a notice is provided for in this article, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but in that case the court shall or…
Colo. Rev. Stat. § 37-45-145 Early hearings
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All cases in which there arises a question of the validity of the organization of a water conservancy district, or a question of the validity of any proceeding under this article, shall be advanced as a matter of immediate public interest and concern and heard at the earliest pra…
Colo. Rev. Stat. § 37-45-146 Dissolution of districts
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Any water conservancy district organized may be dissolved in the manner specified in sections 37-45-146 to 37-45-152 if such district has not been authorized to incur bonded or other indebtedness under the election procedures set forth in sections 37-45-139 to 37-45-142 and such …
Colo. Rev. Stat. § 37-45-147 Election for dissolution - petition or resolution filed
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(1) An election submitting the proposition of dissolution of the district may be initiated by the filing of a copy of a resolution adopted by three-fourths of all the members of the board of directors of such district requesting such an election or by the filing of a petition req…
Colo. Rev. Stat. § 37-45-148 Notice of election
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Upon presentation of such petition or resolution, the court shall cause a notice to be published forthwith at least once each week for four consecutive weeks in a newspaper of general circulation in each county where the district or parts thereof lie. Such notice shall recite tha…
Colo. Rev. Stat. § 37-45-149 Objections to resolution or petition
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Objections to a resolution for an election shall be confined to the question of whether sufficient directors voted in favor of the same. Objections to a petition for such election shall be confined to the question of whether sufficient qualified owners of land situate within the …
Colo. Rev. Stat. § 37-45-150 Election procedure - ballot
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(1) Any election held for the purpose of submitting the proposition of dissolution of a district may be held separately or may be consolidated or held concurrently with any other election authorized by law. The election shall be conducted by the secretary of the board of director…