Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-48-101 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 Rio Grande and its tributaries for beneficial use and the construction of reservoirs, ditches, and works for such purposes are of vital importance to the growth and development o…
Colo. Rev. Stat. § 37-48-101.3 Definitions
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As used in this article 48, unless the context otherwise requires: (1) Board of appraisers or appraisers means the three court-appointed appraisers described in section 37-48-136. (2) District means the Rio Grande water conservation district. The district is a body corporate and …
Colo. Rev. Stat. § 37-48-102 Creation and name of district
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There is hereby created a water conservation district to be known and designated as Rio Grande Water Conservation District when the governor declares, pursuant to section 37-48-121, that such district is formed. Such district is hereby declared to be a body corporate under the la…
Colo. Rev. Stat. § 37-48-103 Board of directors
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(1) The district shall be managed and controlled by a board of nine directors. The members of said board shall hold their offices for terms of three years and until their successors are appointed and qualified. Two members of such board shall be appointed from each of the countie…
Colo. Rev. Stat. § 37-48-104 Employees
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The board of directors of said district shall appoint a secretary and a treasurer. The same individual at the election of the board may hold both offices. The board shall likewise hire such other employees, including engineers and attorneys, as may be required to properly transac…
Colo. Rev. Stat. § 37-48-105 Powers of district
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(1) The district, in its corporate capacity, shall have power to: (a) Sue and be sued in the name of the Rio Grande water conservation district and otherwise to participate in litigation; (b) Acquire, operate, and hold in the name of the district such real and personal property a…
Colo. Rev. Stat. § 37-48-106 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 quarterly meetings of said board shall be held within the district during the months of January, …
Colo. Rev. Stat. § 37-48-107 Assessment and levy by board
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(1) 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 level or general levy to be used for the purpose of paying the expense…
Colo. Rev. Stat. § 37-48-108 Creation of subdistricts
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(1) Notwithstanding the organization of the district provided for in this article, irrigation and internal improvement districts organized under articles 41, 42, 44, and 45 of this title and any other form of organization designed or intended to acquire, construct, or maintain re…
Colo. Rev. Stat. § 37-48-109 Compensation of directors
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The 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, shall be entitled to their actual traveling and transportation expenses when away from their respe…
Colo. Rev. Stat. § 37-48-110 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 to exceed two and one-half mills on each dollar of the valuation for assessment of property in said district. The district has no power to contract or incur any obligation or ind…
Colo. Rev. Stat. § 37-48-111 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 amounts in the construction fund 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 to meet cu…
Colo. Rev. Stat. § 37-48-112 Rules
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(1) The district has the power to make general rules for the conduct of its business, as well as the conduct of the business of any subdistrict therein, and by such rules may provide for the rental of water or other services that are to be furnished by said subdistrict to any mun…
Colo. Rev. Stat. § 37-48-113 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 that 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. § 37-48-114 Petition
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Before the Rio Grande water conservation district is established under this article, a petition shall be filed in the office of the clerk of the district court of the twelfth judicial district in and for Alamosa county, signed by not fewer than four hundred landowners, each of wh…
Colo. Rev. Stat. § 37-48-115 Notice and hearing on petition
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(1) Immediately after the filing of such petition, the court shall fix a time not less than forty-five days nor more than ninety days after the petition is filed for hearing thereon, and the clerk of said court shall cause notice by publication to be made of the pendency of the p…
Colo. Rev. Stat. § 37-48-116 Election resolution
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On such day certain or as soon thereafter as is reasonably possible, the board of county commissioners of the counties, part or all of whose lands lie within the boundaries of the proposed Rio Grande water conservation district, shall meet at the time and place specified by such …
Colo. Rev. Stat. § 37-48-117 Conduct of election
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(1) Except as provided in this article, an election held pursuant to this article shall be opened and conducted in the manner provided by the laws of the state of Colorado for the conduct of general elections except that only taxpaying electors may vote in such election. Registra…
Colo. Rev. Stat. § 37-48-118 Notice of election
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Notice of such election shall be given by publication. No other notice of election need be given. Source: L. 67: p. 670, � 1. C.R.S. 1963: � 150-10-18.
Colo. Rev. Stat. § 37-48-119 Polling places
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All polling places designated by the election resolution shall be within the area included within the proposed district. Source: L. 67: p. 670, � 1. C.R.S. 1963: � 150-10-19.
Colo. Rev. Stat. § 37-48-120 Election supplies
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The county commissioners of each county shall have provided at each polling place ballots or ballot labels, or both, ballot boxes or voting machines, or both, instructions, elector's affidavits, and other material and supplies required for a general election by law. The county co…
Colo. Rev. Stat. § 37-48-121 Election returns
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The election officials shall make their returns directly to the county commissioners of said counties in care of the board of county commissioners of Alamosa county, Alamosa, Colorado. The county commissioners of said counties shall act as the canvassing body. The returns of said…
Colo. Rev. Stat. § 37-48-122 Expenses of election - appropriation
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The expenses of the election shall be paid by the Colorado water conservation board to the extent of fifteen thousand dollars, and there is hereby appropriated to said board the sum of fifteen thousand dollars to be used for this purpose and no other. Each county is entitled to a…
Colo. Rev. Stat. § 37-48-123 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. § 37-48-124 Time and place of hearing on petition
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(1) Immediately after the filing of such petition, the court wherein the petition is filed, 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 hearing thereon, and the clerk of said court shall cause…
Colo. Rev. Stat. § 37-48-125 Filing 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. § 37-48-126 Official plan for subdistrict
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(1) Upon organization of such subdistrict, the board of directors of said district, acting as the board of directors of said subdistrict, is authorized and required to prepare and adopt as the official plans for said subdistrict a comprehensive detailed plan, setting forth any pl…
Colo. Rev. Stat. § 37-48-127 Execution of plans
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The board of directors has full authority to devise, prepare for, execute, maintain, and operate all works or improvements necessary or desirable to complete, maintain, operate, and protect the works provided for by the official plan and to that end may employ and secure men and …
Colo. Rev. Stat. § 37-48-128 Contracts
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When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars shall be advertised after notice by publication calling for bids, and the board may reject any or all bids or may let the contract to the lowest responsible bidder who gives …
Colo. Rev. Stat. § 37-48-129 Surveys and examinations
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The board of directors also has the right to establish and maintain stream gauges, rain gauges, and a flood warning service with telephone or telegraph lines or telephone or telegraph service, and it may make such surveys and examinations of rainfall and flood conditions, streamf…
Colo. Rev. Stat. § 37-48-130 Cooperation with United States or other agencies
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The board of directors also has the authority to enter into contracts or other arrangements with the United States government or any department thereof, with persons, railroads, or other corporations, with public corporations, with the state government of this or other states, an…
Colo. Rev. Stat. § 37-48-131 Access to lands - penalty
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The board of directors or its employees or agents, including contractors and their employees and appraisers retained by the board and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary prelim…
Colo. Rev. Stat. § 37-48-132 Removal of structures
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(1) For the accomplishment of the official plan, the board of directors has full power to improve in alignment, section, grade, or location, or in any other manner, any watercourse; and it may remove, widen, lengthen, lower, raise, or otherwise change any public or private road b…
Colo. Rev. Stat. § 37-48-133 Passing equipment through bridge or grade
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In case it is necessary to pass any dredge boat or other equipment through a bridge or grade of any railroad company or other corporation, county, city, town, or other municipality, the board of directors shall give notice to the owner of said bridge or grade that the same shall …
Colo. Rev. Stat. § 37-48-134 Functions and duties of board of managers
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If the subdistrict has a board of managers, any of the functions and duties enumerated in sections 37-48-127 to 37-48-133 may be performed by the board of managers to the extent provided in the petition or in the rules and regulations of the subdistrict; except that all contracts…
Colo. Rev. Stat. § 37-48-135 Retention of personnel
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If the subdistrict has a board of managers and if it is so provided in the petition or in the rules and regulations of the subdistrict, the board of managers may retain engineers, attorneys, and management and other personnel separate and apart from those employed by the district…
Colo. Rev. Stat. § 37-48-136 Appointment of appraisers
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If the plan of financing set forth in the petition and order creating the subdistrict utilizes special improvement bonds, paid by special assessments upon the property benefited within the subdistrict, as a means of financing the execution of the official plan, then, at the time …
Colo. Rev. Stat. § 37-48-137 Appraisals
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(1) During the preparation of an official plan that utilizes special improvement bonds for financing, the board of appraisers shall examine and become acquainted with the nature of the plans for the improvement of the lands and other property affected thereby in order that they m…
Colo. Rev. Stat. § 37-48-138 Report of appraisers - special improvement bonds
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(1) The board of appraisers shall prepare a tabulated report of its findings, which shall be bound in book form and which shall be known as the conservation district appraisal record for special improvement bonds. Such record shall contain the names of the owners of property appr…
Colo. Rev. Stat. § 37-48-139 Notice of hearing on appraisals
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(1) Upon the filing of the report of the appraisers, the clerk of the court in which the original cause is pending shall, upon order of the court, give notice thereof by publication in each county in the subdistrict. It shall not be necessary for said clerk to name the parties in…
Colo. Rev. Stat. § 37-48-140 Hearing on appraisals
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Any property owner may accept the appraisals of benefits as made by the appraisers and shall be construed to have done so unless, within ten days after the last publication provided for in section 37-48-139, he has filed exceptions to said report or to any appraisal of benefits. …
Colo. Rev. Stat. § 37-48-141 Decree on appraisals
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If it appears to the satisfaction of the court, after having heard and determined all said exceptions, that the estimated cost of constructing the improvements contemplated in the official plan is less than the benefits appraised, the court shall approve and confirm said appraise…
Colo. Rev. Stat. § 37-48-142 Filing decree
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Upon the entry of the order of the court approving the report of the appraisers, the clerk of the said court in which the same is entered shall transmit to the secretary of the district a certified copy of the said decree and of the appraisals as confirmed by the court. Source: L…
Colo. Rev. Stat. § 37-48-143 Validation of irregular proceedings
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(1) Minor insubstantial irregularities in any notice or proceeding shall not make any proceeding invalid. (2) In case it is found upon a hearing that, by reason of some irregularity or defect in the proceedings, the appraisal has not been properly made, the court may, nevertheles…
Colo. Rev. Stat. § 37-48-144 Compensation of appraisers
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Appraisers, when appointed under the provisions of this article, shall receive such reasonable compensation as shall be fixed by the court in its order of appointment. Source: L. 75: Entire section added, p. 1382, � 7, effective July 18.
Colo. Rev. Stat. § 37-48-145 Preliminary fund
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(1) As soon as any subdistrict has been organized, the board of directors may fix the amount of assessment upon the property within the subdistrict at a level rate to be used for the purpose of paying the expenses of organization, for surveys and plans, and for other incidental e…
Colo. Rev. Stat. § 37-48-146 Power to borrow money for the preliminary fund
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In order to facilitate the preliminary work, the board of directors may borrow money at a net effective interest rate as determined by the board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidences of debt, in t…
Colo. Rev. Stat. § 37-48-147 Directors 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 the decree of the district court. The appointment of appraisers shall not be necessary if the official plan adopted…
Colo. Rev. Stat. § 37-48-148 Special assessments - procedure in making
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(1) If the proceedings for the organization of the subdistrict, including the petition and the decree entered thereon, provide for the financing of the construction or acquisition of the works or other improvements proposed and of the other steps necessary to the development and …
Colo. Rev. Stat. § 37-48-149 Special improvement bonds
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(1) The board of directors of the district may issue as obligations of the subdistrict, not as obligations of the Rio Grande water conservation district, special improvement bonds to be paid out of special improvement assessments made by the board of directors against all lands i…