Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-5-101 Funds - definitions
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(1) The moneys of every conservancy district organized under articles 1 to 8 of this title shall consist of the following separate funds: (a) Preliminary funds means the proceeds of the level rate assessment authorized by section 37-5-102. (b) Construction fund means the proceeds…
Colo. Rev. Stat. § 37-5-102 Preliminary fund
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(1) As soon as any district has been organized under articles 1 to 8 of this title and a board of directors has been appointed and qualified, such board has the authority to fix the amount of an assessment upon the property within the district not to exceed one mill for every dol…
Colo. Rev. Stat. § 37-5-103 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 said 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 …
Colo. Rev. Stat. § 37-5-104 Construction fund
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(1) After the list of property, with the appraised benefits as approved by the court or that part thereof from which no appeal is pending, has been filed with the secretary of the district, then from time to time, as the affairs of the district may demand, the board of directors …
Colo. Rev. Stat. § 37-5-104.5 Determination of special benefits - factors considered
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(1) The term benefit, for the purposes of assessing a particular property within a conservancy district particularly with respect to regulating streamflow to control floods, includes, but is not limited to, the following: (a) Any increase in the market value of the property; (b) …
Colo. Rev. Stat. § 37-5-105 Payment of assessments
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(1) When the construction fund assessment record is placed on file in the office of the district, notice by publication shall be given to property owners that they may pay their assessments. Any owners of real property assessed for the execution of the official plan under the pro…
Colo. Rev. Stat. § 37-5-106 Conservancy bonds
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(1) The board of directors may, if in its judgment it seems best, issue conservancy bonds (Schedule Form IV) in an amount not to exceed ninety percent of the total amount of the construction fund assessment, exclusive of interest, levied under the provisions of articles 1 to 8 of…
Colo. Rev. Stat. § 37-5-107 Maintenance fund
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(1) To maintain, operate, and preserve the improvements made pursuant to articles 1 to 8 of this title, and to strengthen, repair, and restore the same when needed, and for the purpose of defraying the current expenses of the district, the board of directors may, upon the substan…
Colo. Rev. Stat. § 37-5-108 Power to borrow money for the maintenance fund
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In anticipation of the collection of maintenance assessments, the board of directors may borrow money at a net effective interest rate determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidence…
Colo. Rev. Stat. § 37-5-109 Readjustment of maintenance fund assessments
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(1) Whenever the owners or representatives of twenty-five percent or more of the acreage or value of the lands in the district file a petition in the court in which the original petition was filed, stating that there has been a material change in the values of the property in the…
Colo. Rev. Stat. § 37-5-110 Levies
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(1) After the expiration of the sixty-day period in which persons interested may pay the whole construction fund assessment, and each year thereafter if necessary to effectuate the provisions of this article, the board of directors shall determine, order, and levy the total asses…
Colo. Rev. Stat. § 37-5-112 Collection by civil action
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In addition to all other remedies for collection of assessments provided by this article, and cumulative therewith, the conservancy district may at any time after three years from the issuance of any certificate of purchase held by the district bring a civil action to foreclose t…
Colo. Rev. Stat. § 37-5-113 Bond of county treasurer
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Before receiving the assessment record, the treasurer of each county in which lands or other property of the district is located shall execute to the conservancy district a bond with at least two good and sufficient sureties, or a corporate surety company, the cost of which shall…
Colo. Rev. Stat. § 37-5-114 Lien of conservancy assessments
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All conservancy assessments provided for in articles 1 to 8 of this title, together with all interest thereon and all penalties for default in payment of the same and all costs in collecting the same, shall, from the date of filing the certificate of the preliminary fund assessme…
Colo. Rev. Stat. § 37-5-115 Assessment records prima facie 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. 22: p. 61, � 53. C.L. � 9567. CSA: C. 138, � 178. CRS 53: � 30-5-15. C.R.S. 1963: � 29-5-15.
Colo. Rev. Stat. § 37-5-116 Remedy for defective assessments
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If any assessment made under the provisions of articles 1 to 8 of this title 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 providi…
Colo. Rev. Stat. § 37-5-117 Duties of officers of public corporations as to assessments
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(1) Whenever, under the provisions of articles 1 to 8 of this title, an assessment is levied against a public corporation, as defined in said articles, and is finally determined, it is the duty of the governing or taxing body of such public corporation immediately to take all the…
Colo. Rev. Stat. § 37-5-118 Penalty for failure of treasurer to pay over tax
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If any county treasurer or other person entrusted with the collection of any assessment made under the provisions of articles 1 to 8 of this title refuses, fails, or neglects to make prompt payment of the assessments, or any part thereof, collected under said articles to the trea…
Colo. Rev. Stat. § 37-5-119 Surplus funds and annual reports
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(1) Any surplus funds in the treasury of the district may be used for retiring bonds, reducing the rate of assessment, or for accomplishing any other of the legitimate objects of the district. (2) At least once a year, or oftener if the court orders, the board of directors shall …
Colo. Rev. Stat. § 37-5-120 Compensation of officials
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(1) Each member of the board of directors shall receive for attendance at each meeting a sum fixed by order of the court and shall receive such sum per day and his necessary expenses for the time actually employed in the performance of his duties. (2) When the interests of the di…