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Colorado Statutes, Title 37

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Title 37, Water and Irrigation

0 chapters · 1,167 sections in this title.

All chapters in Title 371,167 Ch 4393 Ch 4882 Ch 4161 Ch 4659 Ch 3154 Ch 4553 Ch 4751 Ch 4449 Ch 6049 Ch 9045 Ch 5043 Ch 4239 Ch 9227 Ch 9527

43 sections·Filtered byTitle 37✕Ch 50✕

Colo. Rev. Stat. § 37-50-101 Legislative declaration
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The conservation of the water of the Republican river, its tributaries, and that portion of the Ogallala aquifer underlying the district for compliance with the Republican river compact are of vital importance to the growth and development of the entire area and the welfare of al…
Colo. Rev. Stat. § 37-50-102 Definitions
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As used in this article, unless the context otherwise requires: (1) "Board" means the board of directors of the Republican river water conservation district created pursuant to section 37-50-104. (2) "District" means the Republican river water conservation district created pursua…
Colo. Rev. Stat. § 37-50-103 Creation and name of district
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(1) There is hereby created a water conservation district to be known and designated as the "Republican river water conservation district". The district is hereby declared to be a body corporate under the laws of Colorado. The district consists of the following area and territory…
Colo. Rev. Stat. § 37-50-104 Board of directors
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(1) (a) The district shall be managed and controlled by a board of seventeen directors. The members of the board shall hold their offices for terms of three years and until their successors are appointed and qualified. A director may serve one or more terms. The boards of county …

Colo. Rev. Stat. § 37-50-105 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 the district, and, in addition, the directors shall be entitled to their actual traveling and transportation expenses when away fr…

Colo. Rev. Stat. § 37-50-106 Employees

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The board shall appoint a secretary and a treasurer. The same individual may, at the election of the board, hold both offices. The board shall likewise hire such other employees, including engineers and attorneys, as may be required to properly transact the business of the distri…

Colo. Rev. Stat. § 37-50-107 General powers

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(1) The district is formed for the purpose of cooperating with and assisting this state to carry out its duty to comply with the limitations and duties imposed upon the state by the Republican river compact, and, in furtherance of that purpose and in its corporate capacity, the d…

Colo. Rev. Stat. § 37-50-108 Principal office - meetings

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The board shall designate a place within the district where the principal office is to be maintained and may change the place from time to time. Regular quarterly meetings of the board shall be held at the office on the third Tuesday in the months of February, May, August, and No…

Colo. Rev. Stat. § 37-50-109 Authority of the board to levy taxes

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(1) In addition to other means of providing revenue for the district, the board has the power to fix the amount of an assessment upon the property within the district, as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and pl…

Colo. Rev. Stat. § 37-50-110 Levy and collection of uniform sales and use tax

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(1) (a) In addition to other means of providing revenue for the district, the board, in the name of the district, has the power to levy and collect a uniform sales and use tax throughout the entire geographical area of the district, notwithstanding any provision of part 1 of arti…

Colo. Rev. Stat. § 37-50-111 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 pursuant to section 37-50-109, except an annual levy. The district has no power to contract or incur any obligation or indebtedness except as expressly provided in this article. (2) Before July 1, 2024, al…

Colo. Rev. Stat. § 37-50-112 Investment of unexpended revenues

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The board may invest any unexpended revenues of the district, including any amounts in the construction fund not needed for immediate use, to pay the cost of construction of any project, or to pay bonds or coupons or to meet current expenses, in securities meeting the investment …

Colo. Rev. Stat. § 37-50-113 Appointment and compensation of appraisers

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(1) As soon as the official plan has been prepared and adopted pursuant to section 37-50-107 (3) and is on file in the office of the district, upon petition of the district, the board may, if the official plan includes the utilization of special improvement bonds paid by special …

Colo. Rev. Stat. § 37-50-114 Assessments - procedure in making

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(1) If the board provides 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 implementation of the district's official plan by special assessments to be levied against the apprai…

Colo. Rev. Stat. § 37-50-115 Collection by civil action

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In addition to all other remedies for collection of assessments provided by this article, the district may, at any time after three years after the issuance of any certificate of purchase held by the district, bring civil action to foreclose the lien for assessments represented b…

Colo. Rev. Stat. § 37-50-116 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 the cost of collecting the same, from the date of the filing of the construction fund and the assessment record in the of…

Colo. Rev. Stat. § 37-50-117 Directors to remedy defects in assessments

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If any assessment made under the provisions of this article proves invalid, the board, 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 collection of new …

Colo. Rev. Stat. § 37-50-118 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 contained in the record. Source: L. 2004: Entire article added, p. 1916, § 1, effective August 4.

Colo. Rev. Stat. § 37-50-119 Defects in notice perfected

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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 be lost nor the proceedings abated or held void, but the court shall continue the hearing until proper notice has been given and then shall proceed as though …

Colo. Rev. Stat. § 37-50-120 Issuance of general obligation bonds

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(1) In the name of the district, the district may issue general obligations or bonds that shall constitute a lien against the real property in the district. Obligations shall bear interest at a rate such that the net effective interest rate of the issue does not exceed the maximu…

Colo. Rev. Stat. § 37-50-121 Costs - board of directors to concur

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To the extent that the costs of the proceedings for the issuance of revenue bonds are not paid by the proceeds of the bonds, they shall be budgeted and paid out from district revenues or from the separate district mill levy. Source: L. 2004: Entire article added, p. 1917, § 1, ef…

Colo. Rev. Stat. § 37-50-122 Sinking fund

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The district may provide for a sinking fund for the ultimate payment of any of the obligations of the district. The sinking fund may be invested as provided in section 37-50-112. Source: L. 2004: Entire article added, p. 1917, § 1, effective August 4.

Colo. Rev. Stat. § 37-50-123 Court confirmation

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(1) (a) The board, on behalf and in the name of the district, 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, for a judicial examination and determination of any power conferred or of any taxes o…

Colo. Rev. Stat. § 37-50-124 Election to authorize debt

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Except for the issuance of refunding bonds or other funding or refunding of obligations that does not increase the net indebtedness of the district, no indebtedness shall be incurred by the issuance of general obligation bonds of the district or by any contract by which the distr…

Colo. Rev. Stat. § 37-50-125 Definition of elector

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(1) An "elector" or "elector of the district", or any term of similar import, means a person who: (a) At the time of the election, is qualified to vote in general elections in this state; and (b) Either: (I) Has been a resident of the district for not less than thirty-two days at…

Colo. Rev. Stat. § 37-50-126 Elections

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Whenever in this article an election of the electors of the district is permitted or required, the election may be held separately at a special election or may be held concurrently with any primary, general, or other election held under the laws of this state. Source: L. 2004: En…

Colo. Rev. Stat. § 37-50-127 Election resolution

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(1) The board shall call any election by resolution adopted at least thirty days before the election. (2) The resolution shall state 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 case of an electi…

Colo. Rev. Stat. § 37-50-128 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. § 37-50-129 Notice of election

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Notice of an election held pursuant to this article shall be given by publication by three consecutive weekly insertions in at least one newspaper of general circulation in each county wholly or partially within the district, as determined by the board. No other notice of an elec…

Colo. Rev. Stat. § 37-50-130 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; except that, if an election of the district is held concurrently with a primary or general election, the polling place for each precinct located wholly or parti…

Colo. Rev. Stat. § 37-50-131 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. § 37-50-132 Election returns

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(1) In the case of any election held under this article that 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. (2) In the case of an election held under this articl…

Colo. Rev. Stat. § 37-50-133 Debt and tax levy election contests

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(1) An election declared to have approved an authorization to levy any tax or issue any bonds, by approval of the tax levy or bond question, or otherwise to incur an indebtedness may be contested by any elector of the district by suit against it as contestee and defendant in any …

Colo. Rev. Stat. § 37-50-134 Covenants and other provisions in bonds

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(1) A resolution providing for the issuance of bonds under this article, payable from pledged revenues and an indenture or other related instrument or proceedings, may at the discretion of the board contain covenants or other provisions, notwithstanding that such covenants and pr…

Colo. Rev. Stat. § 37-50-135 Liens on pledged revenues

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(1) Revenues pledged for the payment of bonds, as received by or otherwise credited to the district under this article, shall immediately be subject to the lien of each such pledge without any physical delivery, filing, or further act. (2) The lien of each such pledge and the obl…

Colo. Rev. Stat. § 37-50-136 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 issuing bonds under this article, or the holders' trustee, including, without limitation, the restriction of the exercise of any remedy to a specified proportion, p…

Colo. Rev. Stat. § 37-50-137 Investments and securities

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(1) The board, subject to contractual limitations from time to time imposed upon the district by a resolution authorizing the issuance of the outstanding bonds of the district, a trust indenture, or other related proceedings, may invest and reinvest proceeds of taxes, pledged rev…

Colo. Rev. Stat. § 37-50-138 Rents and charges

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(1) (a) The district and any political subdivision of the state of Colorado contracting with the district and fixing and collecting annual rentals, service charges, other charges, or any combination thereof are authorized to fix and collect rents, rates, fees, tolls, and other ch…

Colo. Rev. Stat. § 37-50-138.5 Prohibition on duplication of water use fees

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Notwithstanding any provision of this article 50 to the contrary, a person or entity within the district, which person or entity is obligated to provide augmentation to a river system other than the Republican river pursuant to a decreed plan of augmentation, is not required to p…

Colo. Rev. Stat. § 37-50-139 Miscellaneous powers

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(1) The district shall also have the following powers: (a) To pay or otherwise defray and to contract to pay or defray, for a term not exceeding seventy-five years, without an election, except as otherwise provided in this article, the principal of, prior redemption premiums due …

Colo. Rev. Stat. § 37-50-140 Joint action entity

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(1) The district and another cooperating entity or entities relating to a project or facilities in which the district is a party in interest may create a joint action entity, which shall be a separate body corporate, for the planning, construction, lease, other acquisition, impro…

Colo. Rev. Stat. § 37-50-141 Refunding

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(1) Any revenue bonds issued under this article and at any time outstanding may, at any time and from time to time, be refunded by the district by the issuance of its refunding bonds in such amount as the board may deem necessary to refund the principal of the bonds to be refunde…

Colo. Rev. Stat. § 37-50-142 Severability

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If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the p…