Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-47-101 Legislative declaration - rivers named
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In the opinion of the general assembly of the state of Colorado, the conservation of the water of the San Juan and Dolores rivers and their tributaries for storage, irrigation, mining, and manufacturing purposes and the construction of reservoirs, ditches, and works for the purpo…
Colo. Rev. Stat. § 37-47-102 Definitions
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As used in this article, unless the context otherwise requires: (1) District means the Southwestern Water Conservation District. The district is a body corporate and politic and a political subdivision of the state of Colorado. (2) Person means a person, firm, partnership, associ…
Colo. Rev. Stat. § 37-47-103 Creation and name of district
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There is hereby created a water conservation district to be known and designated as the Southwestern 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: The…
Colo. Rev. Stat. § 37-47-104 Board of directors
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(1) The southwestern water conservation district shall be managed and controlled by a board of nine directors. The members of said board shall hold their office for staggered terms of three years, with three members appointed each year, and until their successors are appointed an…
Colo. Rev. Stat. § 37-47-105 Allowance for directors
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The directors of the district shall receive as reimbursement for nontravel expenses a sum of up to one hundred dollars per day while actually engaged in the business of said district and in addition shall be entitled to their actual traveling and transportation expenses when away…
Colo. Rev. Stat. § 37-47-106 Vacancy in office of director
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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. § 37-47-107 Powers of district
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(1) Such district, in its corporate capacity, shall have power: (a) To sue and be sued in the name of the southwestern 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 the p…
Colo. Rev. Stat. § 37-47-108 Principal office - meetings
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The board of directors of the 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 meetings of said board shall be held at said office at least once every three months. The board i…
Colo. Rev. Stat. § 37-47-109 Assessment and levy by board
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(1) (a) As soon as the district has been organized and a board of directors has been appointed and qualified, such board of directors shall have the power and authority to fix the amount of an assessment upon the property within the district not to exceed six-tenths of one mill f…
Colo. Rev. Stat. § 37-47-110 Creation of subdistricts
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(1) Notwithstanding the organization of the district provided for in this article, public irrigation districts organized under article 4 of chapter 149, CRS 53, and irrigation districts organized under articles 41 and 42 of this title, and any other form or organization designed …
Colo. Rev. Stat. § 37-47-111 Rules and regulations
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Such 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 …
Colo. Rev. Stat. § 37-47-112 Procedure for establishment of subdistricts
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(1) 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 embraced in said subdistrict or the greater part thereof is situate, signed by the board of director…
Colo. Rev. Stat. § 37-47-113 Time and place 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 ca…
Colo. Rev. Stat. § 37-47-114 Recording of protest - procedure - decree - fee
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(1) At any time after the filing of a petition for the organization of a subdistrict, and not less than thirty days prior to the time fixed by the order of the court for the hearing upon said petition, and not thereafter, a protest may be filed in the office of the clerk of the c…
Colo. Rev. Stat. § 37-47-115 Plan for subdistrict
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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. § 37-47-116 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, the court, upon petition of the district, shall appoint a board of appraisers consisting of three members. The qualifications of said appraisers and all proceedings before t…
Colo. Rev. Stat. § 37-47-117 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. 41: p. 880, � 15. CSA: C. 173B, � 70. CRS 53: � 149-9-15. C.R.S. 1963: � 150-8-1…
Colo. Rev. Stat. § 37-47-118 Directors bound by financing plan
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(1) The board of directors of said district shall be bound by the plan of financing set forth in the petition for the organization of the subdistrict and approved by the decree of the district court. The appointment of appraisers shall not be necessary in the event that the plan …
Colo. Rev. Stat. § 37-47-119 Assessments - procedure in making
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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. § 37-47-120 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 southwestern water conservation district, improvement district bonds to be paid out of special assessments made by said board of directors against all lands in the…
Colo. Rev. Stat. § 37-47-121 Assessments constitute 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 the cost of collecting the same, from the date of the filing of the construction fund assessment record and the maintenan…
Colo. Rev. Stat. § 37-47-122 Directors to remedy defects in assessments
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If any assessment made under the provisions of this article proves invalid, the board of directors shall, by subsequent or amended acts or proceedings, promptly and without delay remedy all defects or irregularities, as the case may require, by making and providing for the collec…
Colo. Rev. Stat. § 37-47-123 Record of assessments 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. 41: p. 883, � 20. CSA: C. 173B, � 75. CRS 53: � 149-9-20. C.R.S. 1963: � 150-8-20.
Colo. Rev. Stat. § 37-47-124 Defects in notice perfected
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Whenever notice is provided for in this article, 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 shall there…
Colo. Rev. Stat. § 37-47-125 Contracts of subdistricts
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(1) When the petition for the organization of a subdistrict and the decree for such organization so provide, it shall be lawful for any 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 t…
Colo. Rev. Stat. § 37-47-126 Issuance of general obligation bonds and revenue bonds
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(1) In the name of the subdistrict and not otherwise, when authorized by the plan of organization and decree of court organizing said subdistrict to do so, the district may issue general obligations or bonds which shall constitute a lien against the real property in said subdistr…
Colo. Rev. Stat. § 37-47-127 Board to certify assessments
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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, the board of directo…
Colo. Rev. Stat. § 37-47-128 Limitations on power to levy and contract
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(1) The district has no power of taxation or right to levy or assess taxes, except an annual levy, not exceeding six-tenths of a mill on each dollar of the valuation for assessment of property in said district, as provided in section 37-47-109. The district has no power to contra…
Colo. Rev. Stat. § 37-47-129 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. § 37-47-130 Sinking fund
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Said district may provide for a sinking fund for the ultimate payment of any of the obligations of any subdistrict. Such sinking fund may be invested as provided in section 37-47-129. Source: L. 41: p. 888, � 29. CSA: C. 173B, � 84. CRS 53: � 149-9-29. C.R.S. 1963: � 150-8-29.
Colo. Rev. Stat. § 37-47-131 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. § 37-47-132 Subdistrict furnishing water to nonirrigated land
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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. § 37-47-133 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. § 37-47-134 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. § 37-47-135 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. § 37-47-136 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. § 37-47-137 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. § 37-47-138 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. § 37-47-139 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. § 37-47-140 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. § 37-47-141 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. § 37-47-142 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…
Colo. Rev. Stat. § 37-47-143 Covenants and other provisions in bonds
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(1) Any resolution providing for the issuance of any bonds under this article payable from pledged revenues and any indenture or other instrument or proceedings pertaining thereto may at the discretion of the board of directors contain covenants or other provisions, notwithstandi…
Colo. Rev. Stat. § 37-47-144 Liens on pledged revenues
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(1) Revenues pledged for the payment of any bonds, as received by or otherwise credited to the district or subdistrict issuing bonds under this article, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing, or any further …
Colo. Rev. Stat. § 37-47-145 Rights - powers of holders of bonds - trustees
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(1) Subject to any contractual limitations binding upon the holders of any issue or series of bonds of the district or subdistrict issuing bonds under this article, or the trustee therefor, including, without limitation, the restriction of the exercise of any remedy to a specifie…
Colo. Rev. Stat. § 37-47-146 Investments and securities
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(1) The board of directors of the district or subdistrict, respectively, issuing bonds under this article, subject to any contractual limitations from time to time imposed upon the district or subdistrict by any resolution authorizing the issuance of the outstanding bonds of the …
Colo. Rev. Stat. § 37-47-147 Rents and charges
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(1) (a) The district, any subdistrict, and any political subdivision of the state of Colorado contracting with the district or subdistrict and fixing and collecting annual rentals, service charges, and other charges, or any combination thereof, are, in supplementation of the powe…
Colo. Rev. Stat. § 37-47-148 Miscellaneous powers
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(1) The district and any subdistrict thereof shall also have the following powers: (a) To pay or otherwise defray and to contract to pay or defray, for any term not exceeding seventy-five years, without an election, except as otherwise provided in this article, the principal of, …
Colo. Rev. Stat. § 37-47-149 Cooperative powers
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(1) The district and any subdistrict have the power to utilize and may utilize private industry, by contract, to carry out the design, construction, operation, management, manufacturing, marketing, planning, and research and development functions of the district or any subdistric…
Colo. Rev. Stat. § 37-47-150 Joint action entity
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(1) The district or subdistrict and any other cooperating entity or entities relating to any project or facilities in which the district or the subdistrict is a party in interest may create a joint action entity, a separate body corporate, for the planning, construction, lease, o…