Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-46-101 Legislative declaration
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In the opinion of the general assembly of the state of Colorado, the conservation of the water of the Colorado river in Colorado for storage, irrigation, mining, and manufacturing purposes and the construction of reservoirs, ditches, and works for the purpose of irrigation and re…
Colo. Rev. Stat. § 37-46-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Colorado river is construed to embrace and include any tributaries or streams which flow into the Colorado river which may be found in any part of the territory embraced in said district. (2) District means the C…
Colo. Rev. Stat. § 37-46-103 District body corporate - area
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There is hereby created a water conservation district to be known and designated as the Colorado River Water Conservation District. Such district is hereby declared to be a body corporate under the laws of Colorado. Said district shall comprise the following area and territory of…
Colo. Rev. Stat. § 37-46-104 Board of directors
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(1) The Colorado river water conservation district shall be managed and controlled by a board of fifteen directors. One of said directors shall be from each of the respective counties in said district. He shall be selected by the board of county commissioners of the county in whi…
Colo. Rev. Stat. § 37-46-105 Compensation of directors
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The board of directors of the district shall receive as compensation a sum not to exceed one hundred dollars per day while actually engaged in the business of said district, and, in addition, said directors shall be entitled to their actual traveling and transportation expenses w…
Colo. Rev. Stat. § 37-46-106 Vacancies - secretary and treasurer
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The office of director shall become vacant when any member ceases to reside in the county from which the director was appointed. In the event a vacancy occurs in said office by reason of death, resignation, removal, or otherwise, it shall be filled by the board of county commissi…
Colo. Rev. Stat. § 37-46-107 General powers
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(1) In its corporate capacity, the district shall have the power: (a) To sue and be sued in the name of the Colorado river water conservation district; (b) To acquire, operate, and hold in the name of the district such real and personal property as may be necessary to carry out t…
Colo. Rev. Stat. § 37-46-108 Principal office - meetings
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The board of directors of said district shall designate a place within the district where the principal office is to be maintained and may change such place from time to time. Regular quarterly meetings of said board shall be held at said office on the third Tuesday in the months…
Colo. Rev. Stat. § 37-46-109 Authority of board to levy taxes
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(1) (a) In addition to other means of providing revenue for the district, the board of directors has the power to fix the amount of an assessment upon the property within the district, not to exceed two and one-half mills for every dollar of valuation for assessment therein as a …
Colo. Rev. Stat. § 37-46-109.3 Taxes - determination and collection
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(1) In addition to other means of providing revenue for the district, the board of directors, in the name of the district, has the power to levy and collect general ad valorem taxes on or against all taxable property within the district, subject to the limitations provided in sec…
Colo. Rev. Stat. § 37-46-109.4 Levies to cover district's deficiencies
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The board of directors, in certifying annual levies for the district, shall take into account the maturing indebtedness incurred by the district by contract other than the issuance of bonds for the ensuing year as provided in its contracts and deficiencies and defaults of prior y…
Colo. Rev. Stat. § 37-46-110 Organization
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(1) Notwithstanding the organization of the district provided for in this section, public irrigation districts organized under and pursuant to article 4 of chapter 149, CRS 53, and irrigation districts organized under and pursuant to articles 41 and 42 of this title, and any othe…
Colo. Rev. Stat. § 37-46-111 Rules and regulations
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The district has the power to make general rules and regulations for the conduct of its business, as well as the conduct of the business of any subdistrict therein, and by such rules and regulations may provide for the rental of water or other services which are to be furnished b…
Colo. Rev. Stat. § 37-46-112 Petition
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(1) Except as specified in section 37-46-114.5, before any subdistrict is established under this article, a petition shall be filed in the office of the clerk of the district court of the county in which the territory to be included in the subdistrict, or the greater part of the …
Colo. Rev. Stat. § 37-46-113 Notice of hearing on petition
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(1) Immediately after the filing of a petition created pursuant to section 37-46-112, the court, by order, shall fix a place and time, not less than sixty-three days nor more than ninety-one days after the petition is filed, for a hearing on the petition, and the clerk of the cou…
Colo. Rev. Stat. § 37-46-114 Protesting of petitions
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(1) After the filing of a petition for the organization of a subdistrict pursuant to section 37-46-112, a written protest objecting to the organization of the subdistrict may be filed with the court clerk up to thirty days before the date for the hearing on the petition, but not …
Colo. Rev. Stat. § 37-46-114.5 Alternative procedure for organizing a subdistrict
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(1) (a) Notwithstanding the process for creating a subdistrict established in sections 37-46-112 to 37-46-114, a petition for an election on the organization of a subdistrict may be filed with the clerk of the court that has jurisdiction over all or part of the geographic area to…
Colo. Rev. Stat. § 37-46-115 Board of directors to prepare plans
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Upon organization of such subdistrict, the board of directors of said district, acting as the board of directors of said subdistrict, are authorized and required to prepare and adopt as the official plans for said subdistrict a comprehensive detailed plan showing the nature of th…
Colo. Rev. Stat. § 37-46-116 Appointment of appraisers
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As soon as such official plan has been prepared and adopted and is on file in the office of said district, upon petition of the district, the court shall appoint a board of appraisers consisting of three members. The qualifications of said appraisers and all proceedings before th…
Colo. Rev. Stat. § 37-46-117 Compensation of appraisers
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Appraisers when appointed under the provisions of this article shall receive a compensation of ten dollars per day during the time that they are engaged in the performance of their duties. Source: L. 37: p. 1017, � 15. CSA: C. 138, � 199(15). CRS 53: � 149-8-15. C.R.S. 1963: � 15…
Colo. Rev. Stat. § 37-46-118 Board bound by financing plan
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(1) The board of directors of the district shall be bound by the plan of financing set forth in the petition for the organization of the subdistrict and approved by decree of the district court. The appointment of appraisers shall not be necessary in the event that the plan adopt…
Colo. Rev. Stat. § 37-46-119 Directors may make assessments
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(1) In the event that the plans for the organization of said district, including the petition and the decree entered thereon, provide for a plan of financing the construction or acquisition of the works, or other improvements proposed, by special assessments to be levied against …
Colo. Rev. Stat. § 37-46-120 Improvement district bonds
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(1) The board of directors of said district may issue as obligations of the subdistrict, not as an obligation of the Colorado river water conservation district, improvement district bonds to be paid out of special assessments made by said board of directors against all lands in t…
Colo. Rev. Stat. § 37-46-121 Assessments perpetual lien
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All assessments on account of special improvements against appraised benefits and interest thereon and penalties for default of payment thereof, together with costs of collecting the same, from the date of the filing of the construction fund assessment record and the maintenance …
Colo. Rev. Stat. § 37-46-122 Invalid assessments - board remedy
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If any assessment made under the provisions of this article proves invalid, the board of directors by subsequent or amended acts or proceedings, promptly and without delay, shall remedy all defects or irregularities, as the case may require, by making and providing for the collec…
Colo. Rev. Stat. § 37-46-123 Assessment record as evidence
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The record of assessments contained in the respective assessment records of the district shall be prima facie evidence in all courts of all matters therein contained. Source: L. 37: p. 1021, � 20. CSA: C. 138, � 199(20). CRS 53: � 149-8-20. C.R.S. 1963: � 150-7-20.
Colo. Rev. Stat. § 37-46-124 Remedies in case of faulty notice
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Whenever in this article notice is provided for, if the court finds that due notice was not given, jurisdiction shall not thereby be lost or the proceedings abated or held void, but the court shall continue the hearing until such time as proper notice may be given and thereupon s…
Colo. Rev. Stat. § 37-46-125 Lawful contracts
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(1) When the petition for the organization of a subdistrict and the decree for such organization so provide, it is lawful for any said subdistrict to make contracts as follows: (a) A water users' association may bind itself to levy an annual assessment for the use of water and to…
Colo. Rev. Stat. § 37-46-126 Issuance of general obligation bonds and revenue bonds
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(1) The board of directors of the district acting as the governing body, in the name and on the behalf of the subdistrict as provided in section 37-46-110 and not otherwise, when authorized by the plan of organization and decree of court organizing said subdistrict to do so, may …
Colo. Rev. Stat. § 37-46-126.2 Subdistrict's levy of taxes
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In addition to other means of providing revenue for a subdistrict, the board of directors, in the name of the subdistrict, has the power to levy and collect general ad valorem taxes on or against all taxable property within the subdistrict, subject to the limitations provided in …
Colo. Rev. Stat. § 37-46-126.3 Levy and collection of subdistrict's taxes
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(1) The board of directors, in the name of the subdistrict, after it has been organized, shall determine the amount of money necessary to be raised by a levy on the taxable property in the subdistrict and shall fix a rate of levy, not to exceed five mills, which when levied upon …
Colo. Rev. Stat. § 37-46-126.4 Levies to cover subdistrict deficiencies
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The board of directors, in certifying annual levies for the subdistrict, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds and interest on bonds, and deficiencies and defaults of prior years and shall make ample pr…
Colo. Rev. Stat. § 37-46-126.5 County to levy and collect
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(1) The body having authority to levy taxes within each county in which the district is situate wholly or in part if it levies taxes to pay expenses or to retire and pay indebtedness incurred by contract other than the issuance of bonds, or both to pay such expenses and to retire…
Colo. Rev. Stat. § 37-46-126.6 Delinquent taxes
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(1) Before July 1, 2024, if the taxes levied are not paid, then delinquent real property shall be sold at the regular tax sale for the payment of such taxes, interest, and penalties in the manner provided by statute for selling real property for the nonpayment of taxes. If there …
Colo. Rev. Stat. § 37-46-127 Maintenance assessment
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(1) To maintain, operate, and preserve ditches, canals, reservoirs, or other improvements made pursuant to this article, and to strengthen, repair, and restore the same, when needed, and, for the purpose of defraying any incidental expenses of the subdistrict, upon completion of …
Colo. Rev. Stat. § 37-46-128 Annual levy limit
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(1) The district has no power of taxation or right to levy or assess taxes, except as provided in sections 37-46-109 to 37-46-109.4, 37-46-126.5, and 37-46-126.6. The district has no power to contract or incur any obligation or indebtedness except as expressly provided in this ar…
Colo. Rev. Stat. § 37-46-129 Investment of surplus funds
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The board of directors of said district may invest any surplus funds of the district, including any funds in the construction fund assessment not needed for immediate use to pay the cost of construction of any project in any one of the subdistricts or to pay bonds or coupons or t…
Colo. Rev. Stat. § 37-46-130 Sinking fund
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Such district may provide for a sinking fund for the ultimate payment of any of the obligations of any subdistrict. Said sinking fund may be invested as provided in section 37-46-129. Source: L. 37: p. 1028, � 29. CSA: C. 138, � 199(29). CRS 53: � 149-8-29. C.R.S. 1963: � 150-7-2…
Colo. Rev. Stat. § 37-46-131 Court confirmation
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(1) (a) In its discretion, the board of directors, on the behalf and in the name of the district or any subdistrict which is a party in interest, may file a petition at any time in the district court in and for the county in which the district's principal office is maintained or,…
Colo. Rev. Stat. § 37-46-132 Allocation of water or service
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In order to enable a subdistrict organized under the provisions of this article to furnish water to lands which have not been irrigated and had, up to the time of the construction of the works to be constructed by said subdistrict, no water supply and, at the same time, to enable…
Colo. Rev. Stat. § 37-46-133 Election to authorize debt
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Except for the issuance of refunding bonds or other funding or refunding of obligations which does not increase the net indebtedness of the district or any subdistrict so proceeding, no indebtedness shall be incurred by the issuance of general obligation bonds of any subdistrict …
Colo. Rev. Stat. § 37-46-134 Definition of elector
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(1) An elector, elector of the district, or elector of the subdistrict, or any term of similar import, means a person: (a) Who, at the time of the election, is qualified to vote in general elections in this state; and (b) Who is a resident of the district or subdistrict proposing…
Colo. Rev. Stat. § 37-46-135 Elections
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Whenever in this article an election of the electors of the district or a subdistrict therein is permitted or required, the election may be held separately at a special election or may be held concurrently with any primary or general election held under the laws of this state; bu…
Colo. Rev. Stat. § 37-46-136 Election resolution
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(1) The board of directors shall call any election by resolution adopted at least thirty days prior to the election. (2) Such resolution shall recite the objects and purposes of the election, the date upon which such election shall be held, and the form of the ballot. (3) In the …
Colo. Rev. Stat. § 37-46-137 Conduct of election
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(1) Except as otherwise provided in this article, an election held pursuant to this article shall be opened and conducted in the manner then provided by the laws of this state for the conduct of general elections. (2) If an election is held concurrently with a primary or general …
Colo. Rev. Stat. § 37-46-138 Notice of election
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Notice of such election shall be given by publication by three consecutive weekly insertions in at least one newspaper of general circulation in the district or subdistrict holding the election, as determined by the board of directors. No other notice of an election held under th…
Colo. Rev. Stat. § 37-46-139 Polling places
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(1) All polling places designated by resolution for an election shall be within the territorial limits of the district or subdistrict holding the election; but, if an election of the district or subdistrict is held concurrently with a primary or general election, the polling plac…
Colo. Rev. Stat. § 37-46-140 Election supplies
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(1) The secretary of the district shall provide at each polling place ballots or ballot labels, or both, ballot boxes or voting machines, or both, instructions, electors' affidavits, and other materials and supplies required for an election by any law; and the secretary may provi…
Colo. Rev. Stat. § 37-46-141 Election returns
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(1) In the case of any election held under this article which is not held concurrently with a primary or general election, the election officials shall make their returns directly to the secretary of the district for the board of directors. (2) In the case of any election held un…
Colo. Rev. Stat. § 37-46-142 Debt election contests
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(1) Any election declared to have carried on an authorization to issue any bonds, by approval of the bond question, or otherwise to incur an indebtedness by approval of the question thereon may be contested by any elector of the district or subdistrict holding the debt election b…