Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-23-118 Directors to perfect title - repeal. (Repealed)
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Source: L. 29: p. 536, � 4. CSA: C. 57, � 70. CRS 53: � 47-4-18. C.R.S. 1963: � 47-4-18. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 804, � 11, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, see c…
Colo. Rev. Stat. § 37-24-101 Construction - bids - advertising
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After adopting a plan for a drainage system and providing for the payment of the same, or a designated part thereof by assessment or bonds, the board of directors shall give notice, by publication not less than twenty days prior to the date of opening proposals in a newspaper pub…
Colo. Rev. Stat. § 37-24-102 Contractor - bond - engineer
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The person to whom a contract may be awarded shall execute a bond in the penal sum of not less than ten percent of the contract price, with surety to be approved by the board of directors, payable to the drainage district, conditioned for the faithful performance of the contract.…
Colo. Rev. Stat. § 37-24-103 Right of eminent domain
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The board of directors has the power to construct the works across any watercourse, street, avenue, highway, railway, canal, or ditch which the route of such drainage system or any branch thereof intersects or crosses. If any railroad company, or the owners and controllers of sai…
Colo. Rev. Stat. § 37-24-104 Additional powers - eminent domain
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All drainage districts incorporated under the laws of this state have, in addition to all rights and powers granted by statute prior to March 22, 1921, the right and power under the laws of this state to cross lands outside the boundaries of said drainage district with any part o…
Colo. Rev. Stat. § 37-24-105 Compensation for property taken
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Said drainage district shall make due and just compensation for such right-of-way and the damages occasioned by the construction and operation of its works, and, where the compensation for the property sought to be taken or damaged cannot be agreed upon by the parties interested,…
Colo. Rev. Stat. § 37-24-106 Right-of-way across state lands
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The right-of-way is given, dedicated, and set apart to locate, construct, and maintain drainage systems and works in, over, through, across, or upon any of the lands which are the property of the state. Source: L. 11: p. 327, � 71. C.L. � 2176. CSA: C. 57, � 77. CRS 53: � 47-5-4.…
Colo. Rev. Stat. § 37-24-107 No officer interested in contract
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No director or officer of a district shall be interested directly or indirectly in any contract awarded or to be awarded by the board or in the profits thereof, nor shall he or she receive any gratuity or bribe. For any violation of this provision, such officer or director commit…
Colo. Rev. Stat. § 37-25-101 Bond issue - purposes - election
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For the purpose of constructing a drainage system and necessary works for any drainage district and acquiring the necessary property and rights therefor, of paying the first year's interest upon the bonds authorized in this article, and of otherwise carrying out the provisions of…
Colo. Rev. Stat. § 37-25-102 Notice of election - form of ballot
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A notice of such election shall be given by posting notices in three public places in each election precinct in said district for at least twenty days and by publication of such notice in some newspaper published in the county where the office of the drainage district is required…
Colo. Rev. Stat. § 37-25-103 Bonds - issuance - interest
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(1) If a majority of the votes cast is Bonds - Yes, the board of directors shall immediately cause bonds in such amount to be issued payable in series as follows: At the expiration of eleven years, not less than five percent of the whole amount of said bonds; at the expiration of…
Colo. Rev. Stat. § 37-25-104 Denomination - coupons - record
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The bonds shall be of the denomination of one hundred dollars or five hundred dollars, negotiable in form, executed in the name of the district, and signed by the president and secretary, and the seal of the district shall be affixed thereto. The bonds shall be numbered consecuti…
Colo. Rev. Stat. § 37-25-105 Bonds maturing in less than twenty years
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Any drainage district, by a majority vote of the legal electors of said district, may provide for the issuance of bonds that will mature in any number of years less than twenty and arrange for the payment thereof in series as provided in section 37-25-103. Source: L. 11: p. 326, …
Colo. Rev. Stat. § 37-25-106 Additional bonds - election - priority
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When the money provided by any previous issue of bonds has become exhausted by authorized expenditures and it becomes necessary to raise additional money for such purposes, additional bonds may be issued by submitting the question at a special election to the qualified voters of …
Colo. Rev. Stat. § 37-25-107 Sale of bonds - procedure
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The board of directors may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise the money to carry out the objects and purposes of articles 20 to 30 of this title. Before making any sale, the board, by resolution, shall declare its in…
Colo. Rev. Stat. § 37-25-108 Sale of bonds - rejection of bids
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The notice shall state that sealed proposals will be received by the board of directors at the office of the drainage district for the purchase of the bonds until the day and hour named in the resolution. At the time appointed, the board shall open the proposals and award the pur…
Colo. Rev. Stat. § 37-25-109 Liability for bonds and interest
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The bonds and the interest thereon shall be paid from annual assessments upon the real property within the drainage district, and said property shall be and remain liable to be assessed for such payments. Such bonds and coupons shall be receivable in payment of the assessments le…
Colo. Rev. Stat. § 37-25-110 Confirmation of bonds
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Whether or not said bonds or any of them have been sold or disposed of, the board of directors of a drainage district may commence special proceedings in the district court of the county where the office of the drainage district is kept, in and by which the proceedings of said bo…
Colo. Rev. Stat. § 37-26-101 Refunding bonds may be issued
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The board of directors of any drainage district in this state has the power, under the conditions in this article, to issue negotiable coupon bonds to be denominated refunding bonds for the purpose of paying, redeeming, or compromising outstanding bonds of the district and any un…
Colo. Rev. Stat. § 37-26-102 Refunding bonds issued - when
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Such refunding bonds shall be issued in lieu of the bonds and interest refunded; shall evidence the same indebtedness; shall be supported by the same liens, assessments, appraised benefits, and levies; and, except as to time of payments, amounts, and rates of interest, shall be p…
Colo. Rev. Stat. § 37-26-103 Elections
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Whenever it is desired to issue refunding bonds, the board of directors of the district shall call a special election of the qualified voters of said district at which there shall be submitted the question of issuing refunding bonds, or the question may be submitted at a general …
Colo. Rev. Stat. § 37-26-104 Maturity and form
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Whenever refunding bonds are authorized, the board of directors shall provide therefor by resolution designating the date, denomination, rate of interest, maturity, one or more places of payment within or without the state of Colorado, and the form of such bonds. Such bonds shall…
Colo. Rev. Stat. § 37-26-105 Mature serially
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The refunding bonds shall mature serially, the first payment to be in not more than five years and the last payment in not more than thirty-five years from the date of the bonds; but each bond issued shall be redeemable at the option of the district five years prior to its maturi…
Colo. Rev. Stat. § 37-26-106 Refunding bonds exchanged - when
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The refunding bonds may be exchanged for the outstanding bonds and interest so refunded, or they may be sold, in which latter event, the proceeds shall be used solely for the purpose of paying the principal of and the interest on the bonds refunded, and for improvement of the dis…
Colo. Rev. Stat. § 37-26-107 Consent of unknown bondholders
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If the board of directors of any drainage district issuing or intending to issue refunding bonds desires to obtain the constructive consent of unknown and nonconsenting holders of bonds or claims for interest thereon desired to be retired or refunded under this article, such boar…
Colo. Rev. Stat. § 37-26-108 Bondholders to offer to exchange bonds
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(1) Before authorizing the issuance of such refunding bonds, the board of directors, if it desires to obtain such constructive consent, shall require that the known holders, or their representatives, of not less than eighty percent of the total in amount of all of such bonds or u…
Colo. Rev. Stat. § 37-26-109 District to file verified return - decree
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(1) After the expiration of ninety days from the date of the first publication of said notice, said district shall file in the proceeding in said district court its verified return of its acts under the order of the court theretofore made, attaching thereto affidavits of the prin…
Colo. Rev. Stat. § 37-26-110 Bondholders deemed to have notice
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All holders of said bonds or interest coupons to be retired or refunded shall be deemed to have notice of all steps and proceedings had. Source: L. 33: p. 458, � 7. CSA: C. 57, � 104. CRS 53: � 47-7-10. C.R.S. 1963: � 47-7-10.
Colo. Rev. Stat. § 37-26-111 Assessment to pay bonds and interest
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The refunding bonds and interest thereon shall be paid from annual assessments levied upon the real property within the district, and such real property shall be and remain liable to be assessed for such payments. Except when refunding bonds are issued for unpaid matured interest…
Colo. Rev. Stat. § 37-26-112 Collection and record of assessment
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The county treasurer shall collect said assessments at the time of and simultaneously with the collection of general taxes, but the property owner may pay the general and school taxes separately from the drainage district assessments. The county treasurer shall keep a separate re…
Colo. Rev. Stat. § 37-26-113 Assessments on a parity with general taxes
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The lien of assessments to pay refunding bonds and the interest thereon shall be on a parity with the lien of general taxes, and no sale of property for the nonpayment of general taxes shall extinguish the lien of such assessments. Except as provided by this article, the lien of …
Colo. Rev. Stat. § 37-26-114 Money applied proportionately - when
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In the event there shall not be sufficient funds to the credit of a district for the payment in full of an installment of principal or interest when due, the district treasurer shall apply the money in the respective funds in proportionate payments on all bonds or coupons then du…
Colo. Rev. Stat. § 37-26-115 Matured bonds used for paying assessments
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Refunding bonds of any maturity may be used at face value in paying assessments levied to pay the principal of refunding bonds, if bonds so used have all future due coupons thereto attached and no credit shall be allowed for such coupons. Interest coupons maturing in any year may…
Colo. Rev. Stat. § 37-26-116 Construction of article
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Nothing in this article shall be construed to prevent any financial assistance which any drainage district may secure by an agreement with the owners of its outstanding bonds or by any lawful means other than those specified in this article. Source: L. 33: p. 460, � 13. CSA: C. 5…
Colo. Rev. Stat. § 37-26-117 Manner of releasing lands from lien
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(1) Any tract of land or part thereof in any drainage district issuing refunding bonds may be released from the lien of assessments to pay such bonds in the following manner: (a) (I) If the bonds to be refunded were issued upon the basis of an assessment for benefits pursuant to …
Colo. Rev. Stat. § 37-26-118 Expenses not released
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No release of land under section 37-26-117 shall relieve such land from paying its proportionate share of maintenance and operating expenses of the district. Source: L. 33: p. 462, � 15. CSA: C. 57, � 112. CRS 53: � 47-7-18. C.R.S. 1963: � 47-7-18.
Colo. Rev. Stat. § 37-26-119 District may change classification
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Any district intending to issue bonds pursuant to this article may revise, reduce, or cancel classifications of land, assessments, or assessments of or for benefits in substantially the same manner as provided by the laws existing at the time of the original classification or ass…
Colo. Rev. Stat. § 37-27-101 Inclusion of contiguous land
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Upon petition of the owner of a tract of land and the payment of a sum equal to the past due assessments upon the same after a classification thereof upon a graduated scale by the board of directors as provided in section 37-23-101, so that the tract is upon an equal footing with…
Colo. Rev. Stat. § 37-27-102 Cities and towns included
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The lands within the boundaries of any city or town organized and existing under the general laws of this state or under article XX of the state constitution requiring drainage in whole or in part and susceptible of drainage by the drainage ditch, system, or works of any drainage…
Colo. Rev. Stat. § 37-28-101 Formation of voluntary districts
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Whenever the owners of lands which may require a combined system of drainage shall unanimously and mutually agree upon a system of drainage and the character of work necessary to be done to drain their lands and the amount of money each shall contribute towards said proposed work…
Colo. Rev. Stat. § 37-28-102 Method of organization
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(1) Said owners shall submit such agreement to the board of county commissioners of the county wherein the major part of the lands proposed to be included in such district may be situated and shall submit therewith a plat of the land giving a general description of the same, and …
Colo. Rev. Stat. § 37-29-101 Dissolution - procedure
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Whenever a majority of the owners of land within a drainage district representing also a majority of the whole number of acres of land within the district petitions the board of directors to call a special election for the purpose of submitting to the qualified electors of said d…
Colo. Rev. Stat. § 37-29-102 Canvass of votes - order of dissolution
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(1) The board of directors, upon the day specified in the notice of election as the day for the canvassing of the vote of such election, shall proceed to canvass the votes cast at said election, and if it appears from such canvass that a majority of the ballots cast at said elect…
Colo. Rev. Stat. § 37-30-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Drainage assessment means any tax, assessment, or charge levied on account of the construction, maintenance, and operation of the drainage project. (2) Drainage district means an organization formed under the dra…
Colo. Rev. Stat. § 37-30-102 Drainage for state lands
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For the purpose of securing drainage for state lands, the state board of land commissioners is authorized to enter into contracts with any person, corporation, association, or drainage district providing for such drainage and to petition all such lands into drainage districts at …
Colo. Rev. Stat. § 37-30-103 Board or purchaser as freeholder
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If any such land is included in any drainage project, the state board of land commissioners shall be considered in all respects a freeholder so long as the lands remain unsold, but as soon as any of such land is sold, whether occurring before or after the time such land is includ…
Colo. Rev. Stat. § 37-30-104 Lessee advance assessments
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When the state lands included in a drainage project are leased, the state board of land commissioners in its discretion may require the lessee to pay to the state board of land commissioners an amount annually, to cover in whole or in part the drainage assessments. The additional…
Colo. Rev. Stat. § 37-30-105 Assessments become part of permanent fund
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Whenever the state board of land commissioners shall pay drainage district assessments on land not under certificate of purchase, then, upon sale of such land, all money received therefor shall become a part of the permanent fund. Source: L. 33: p. 449, � 5. CSA: C. 57, � 73. CRS…
Colo. Rev. Stat. § 37-31-101 Public necessity of drainage district in Grand Valley
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It is declared that the seepage conditions existing in the territory described in section 37-31-102 are peculiar to that particular territory and affect in a peculiar manner the people residing and owning property within said district. It is further declared that torrential storm…
Colo. Rev. Stat. § 37-31-103 Successor to Grand Junction drainage district
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The Grand Valley drainage district shall be the successor to the Grand Junction drainage district and all rights, causes of action, records, uncollected revenues, taxes, and assessments, and all other property of the said Grand Junction drainage district shall accrue to and becom…