Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-31-104 Government of district
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The district shall be managed and controlled by a board of three members known as the board of directors. The district shall be divided into three divisions with the same boundaries as the three divisions of the Grand Valley drainage district. The voters of each division shall el…
Colo. Rev. Stat. § 37-31-105 General powers of district
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(1) The board is vested with all powers necessary for the accomplishment of the purposes for which this district is organized and capable of being delegated by the general assembly of the state of Colorado, and no enumeration of particular powers granted shall be construed to imp…
Colo. Rev. Stat. § 37-31-106 Nomination of directors
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Nominations for membership on said board shall be made by petitions signed by not less than twenty-five qualified electors. Said petitions shall be signed and the residence address of the signers affixed thereon, and the petitions shall be sworn to in the same manner as provided …
Colo. Rev. Stat. § 37-31-107 General election laws apply - rules
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The board is empowered to make such rules and regulations for the holding of said elections as will carry out the purposes of this article and shall furnish all the necessary supplies and equipment for holding said elections, and the laws of the state of Colorado providing for ge…
Colo. Rev. Stat. § 37-31-108 Call and notice of election
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At least twenty days before any election, the board, by resolution, shall call such election, shall designate the polling places in each precinct, and shall name the judges of election. The board shall also give notice of the time of such election by publication of a notice of el…
Colo. Rev. Stat. § 37-31-109 Regular election - directors elected
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(1) The regular election in said district for the purpose of electing a board of directors shall be held on the first Tuesday after the first Monday of May of each year, beginning with 2008, at which time one director shall be elected for a term of three years. Any director whose…
Colo. Rev. Stat. § 37-31-110 Election precincts
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The board of directors shall establish a convenient number of election precincts within said district, define the boundaries thereof, and designate the polling places thereof. Source: L. 23: p. 288, � 8. CSA: C. 57, � 134. CRS 53: � 47-12-8. C.R.S. 1963: � 47-12-8.
Colo. Rev. Stat. § 37-31-111 Judges of election
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The board of directors shall appoint three judges of election in each precinct, each of whom shall be a qualified elector residing within said precinct. Source: L. 23: p. 288, � 9. CSA: C. 57, � 135. CRS 53: � 47-12-9. C.R.S. 1963: � 47-12-9.
Colo. Rev. Stat. § 37-31-112 Appointment of substitute judges
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If the board of directors fails to appoint judges or the appointees fail to attend at the hour designated for opening the polls on the morning of election, the voters of the precinct present at that hour may appoint one or more judges to take the places of those absent. Source: L…
Colo. Rev. Stat. § 37-31-113 Oath of judge of election
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Any judge of election may administer and certify oaths required to be administered during the progress of an election. Before opening the polls each judge shall take and subscribe an oath faithfully to perform the duties imposed upon him by law. Any qualified elector of the preci…
Colo. Rev. Stat. § 37-31-114 No registration of voters
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No registration shall be required for any election, but no person shall be entitled to vote without the qualifications prescribed in section 37-31-109. Any judge of election or any voter at the polls has the right of challenging anyone seeking to vote at said election on the grou…
Colo. Rev. Stat. § 37-31-115 Canvass of vote - certificate of election
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Within seven days after said election, the board shall meet at the office of the drainage district for the purpose of canvassing the vote cast at said election, and shall issue a certificate of election to the candidate receiving the highest number of votes for said office, and s…
Colo. Rev. Stat. § 37-31-116 In case of tie determination by lot
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In the event that, at any regular or special election, two or more persons receive the same number of votes and one is elected thereby, the election shall be determined by lot under direction of the county judge of the said county of Mesa. Source: L. 23: p. 291, � 18. CSA: C. 57,…
Colo. Rev. Stat. § 37-31-117 Contest of election
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The election of any person declared duly elected as a director at any election may be contested by any qualified elector residing within the division from which such director was chosen, upon the grounds provided for such contest for the election of county officers by the general…
Colo. Rev. Stat. § 37-31-118 Powers of board
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The board of directors is authorized to take conveyances or assurances in the name of the drainage district for all property acquired by it, and to institute and maintain any actions, proceedings, and suits at law or in equity, necessary or proper to fully carry out the provision…
Colo. Rev. Stat. § 37-31-119 Purposes of district - powers of board of directors
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The purposes for which the district is organized are to construct, operate, and maintain systems of drains and drainage works sufficient to reclaim and protect all lands and property within said district from seepage, waste waters, and storm waters. The board of directors may cau…
Colo. Rev. Stat. § 37-31-120 Meetings of directors
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The board of directors shall hold its regular meetings in the office of the drainage district on the first Tuesday in January, April, July, and October and such special meetings as may be required for the proper transaction of business. Special meetings shall be called by the pre…
Colo. Rev. Stat. § 37-31-121 Meetings public - quorum - records
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Meetings of the board of directors shall be public, and two directors shall constitute a quorum for the transaction of business. On all questions requiring a vote there shall be a concurrence of at least two directors. The record of the board shall be open to the inspection of th…
Colo. Rev. Stat. § 37-31-122 Directors may sell bonds
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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 money to carry out the objects and purposes of this article. Before making any sale, the board, by resolution, shall declare its intention to sell a speci…
Colo. Rev. Stat. § 37-31-123 No director interested in contract
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No director or officer of the district shall be interested directly or indirectly, in any manner, 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; and for any violation of this provision such offic…
Colo. Rev. Stat. § 37-31-124 Directors may contract - with whom
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The board of directors has the power, without advertising for bids, to enter into a contract upon such terms as the board may regard as equitable, with any individual, partnership, corporation, or governmental entity or an irrigation or drainage district organized under the laws …
Colo. Rev. Stat. § 37-31-125 Vacancy on board of directors
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In case of a vacancy in the board of directors by failure of any person named or elected to the office to qualify, or by death, removal, or inability from any cause to properly discharge the duties of a director, the board of county commissioners of Mesa county, Colorado, shall a…
Colo. Rev. Stat. § 37-31-126 Bonds of directors
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Each director shall execute a bond in the penal sum of two thousand dollars, with sureties approved by the county judge of Mesa county, Colorado, and file the same in the office of the county clerk and recorder of said county. Said bonds shall be in the form prescribed by law for…
Colo. Rev. Stat. § 37-31-127 Right of entry to survey
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The directors, agents, and employees of the drainage district have the right to enter upon any land in the district to make surveys and to locate drainage ditches and laterals. Source: L. 23: p. 292, � 26. CSA: C. 57, � 152. CRS 53: � 47-12-26. C.R.S. 1963: � 47-12-26.
Colo. Rev. Stat. § 37-31-128 Treasurer of district
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The board of directors shall choose one of its members to serve as treasurer of the board and may choose one of its members to serve as secretary of the board. The secretary and treasurer may be one person, and if such is the case, he shall be a member of the board. The treasurer…
Colo. Rev. Stat. § 37-31-129 Salary and expenses of officers
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Each director shall receive as per diem compensation for his or her services a sum not in excess of one hundred dollars per day, but not to exceed one thousand six hundred dollars per annum, as fixed by the board, together with actual and necessary expenses incurred in the perfor…
Colo. Rev. Stat. § 37-31-130 Location of office
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The office of the drainage district shall be located in the county of Mesa, at a place to be determined by the board of directors of the drainage district. The board of directors shall elect a president from the members of the board, appoint a secretary who may or may not be a di…
Colo. Rev. Stat. § 37-31-131 Funds paid on warrant
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The treasurer of the drainage district shall pay out of the funds of the district only upon warrants ordered by the board of directors of the drainage district, signed by its president and attested by its secretary, under the seal of the drainage district. Source: L. 23: p. 293, …
Colo. Rev. Stat. § 37-31-132 Warrants not paid draw interest
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When any warrants of the drainage district are presented to the treasurer and there are no funds in his hands to pay the same, he shall stamp the same in the same manner as ordinary county warrants are stamped, and said warrants shall draw interest at the rate of six percent per …
Colo. Rev. Stat. § 37-31-133 Claims against district verified. (Repealed)
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Source: L. 23: p. 294, � 32. CSA: C. 57, � 158. CRS 53: � 47-12-32. C.R.S. 1963: � 47-12-32. L. 75: Entire section amended, p. 223, � 78, effective July 16. L. 79: Entire section repealed, p. 1352, � 5, effective July 1.
Colo. Rev. Stat. § 37-31-134 Register of warrants - when issued. (Repealed)
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Source: L. 23: p. 294, � 33. CSA: C. 57, � 159. CRS 53: � 47-12-33. C.R.S. 1963: � 47-12-33. L. 79: Entire section repealed, p. 1352, � 5, effective July 1.
Colo. Rev. Stat. § 37-31-135 Treasurer to report
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At each regular meeting of the board of directors of the drainage district and at such other times as may be required by the board, the treasurer shall report in writing the amount of money on hand, the amount received since his last report, and the amount paid out, with a list o…
Colo. Rev. Stat. § 37-31-136 Treasurer's fees
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The county treasurer of Mesa county, Colorado, shall charge and receive for duties required of him to be performed and for handling the taxes of said district the same fees and commissions as are paid to him under the laws of Colorado upon school taxes in counties of the first cl…
Colo. Rev. Stat. § 37-31-137 Property taxable and service fees chargeable by district
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(1) In order to carry out the purposes of the district and the provisions of this article, the board of directors has the following powers: (a) Within the limits of the Grand Valley drainage district, to levy taxes of the same kinds and classes upon the taxable property, real, pe…
Colo. Rev. Stat. § 37-31-138 General tax laws apply
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The laws of this state for the collection of the general taxes, including the laws for the sale of property for taxes and the redemption of the same, shall apply and have full force and effect for the purposes of this article. Source: L. 23: p. 296, � 38. CSA: C. 57, � 164. CRS 5…
Colo. Rev. Stat. § 37-31-139 Certification of property values
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It is the duty of the county assessor of Mesa county, Colorado, in making his return each year, to designate the property situated within the limits of the said district and to certify to the board of directors of the said drainage district the total valuation for assessment of a…
Colo. Rev. Stat. § 37-31-140 District tax on tax list and included in warrant
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It is the duty of the county assessor of Mesa county, Colorado, as soon as the assessment roll is ready in each year for the extension of the taxes, to extend the same upon the tax list of the current year in a separate column properly headed in the same manner as other taxes are…
Colo. Rev. Stat. § 37-31-141 Certification and levy of tax
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The board of directors of the Grand Valley drainage district shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., certify to the board of county commissioners a statement showing the aggregate amount which, in the judgment of said drainage board, is nece…
Colo. Rev. Stat. § 37-31-142 Title to property - tax exemption
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The title to property acquired under the provisions of this article shall vest in such drainage district in its corporate name. Said property shall be held by such district in trust for and is dedicated and set apart for the uses and purposes set forth in this article and shall b…
Colo. Rev. Stat. § 37-31-143 General tax exemptions apply
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Property exempt under the constitution and laws of Colorado from the payment of taxes shall be exempt from the payment of taxes in the Grand Valley drainage district. Source: L. 23: p. 296, � 40. CSA: C. 57, � 166. CRS 53: � 47-12-40. C.R.S. 1963: � 47-12-40. L. 2007: Entire sect…
Colo. Rev. Stat. § 37-31-144 Election on bonds
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For the purpose of constructing a drainage system and necessary works for the drainage district and acquiring the necessary property and rights-of-way therefor, of paying the first year's interest on the bonds authorized in this article, and of otherwise carrying out the provisio…
Colo. Rev. Stat. § 37-31-145 Procedure of holding of election
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A notice of such election shall be given as provided in this article. The notice shall specify the time of holding the election and the amount of bonds proposed to be issued. The election shall be held and the results determined and declared as nearly as possible in conformity wi…
Colo. Rev. Stat. § 37-31-146 Majority vote bonds issued. (Repealed)
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Source: L. 23: p. 299, � 47. CSA: C. 57, � 173. CRS 53: � 47-12-47. C.R.S. 1963: � 47-12-47. L. 98: Entire section repealed, p. 122, � 3, effective March 24.
Colo. Rev. Stat. § 37-31-147 Majority vote bonds issued - form of bonds and coupons
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If the majority of the votes cast is Bonds - Yes, the board of directors shall issue negotiable coupon bonds of the district. Bonds shall bear interest at a rate or rates such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective int…
Colo. Rev. Stat. § 37-31-148 Authorization of different series of payments
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The drainage district may by a majority vote of the legal electors of said district provide for the issuance of bonds that will mature in any number of years not to exceed forty and arrange for the payment thereof in series. Source: L. 23: p. 301, � 49. CSA: C. 57, � 175. CRS 53:…
Colo. Rev. Stat. § 37-31-149 Contents of notice - sale
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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. § 37-31-150 Levy of tax for payment
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For the half-yearly interest accruing on such bonds actually issued and delivered, the board of directors of said district shall levy annually a sufficient tax to fully discharge such interest, and, for the ultimate redemption of such bonds, they shall levy annually such tax upon…
Colo. Rev. Stat. § 37-31-151 Judicial confirmation of bonds
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The board of directors of the drainage district may commence special proceedings in the district court of Mesa county, Colorado, in and by which the proceedings of said board in said district, providing for and authorizing the issue and sale of the bonds of said district, whether…
Colo. Rev. Stat. § 37-31-152 Right of eminent domain
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The board of directors has the power to construct the said 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…
Colo. Rev. Stat. § 37-31-153 Publication of notice for bids
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After adopting a plan for a drainage system, the board of directors may give notice by publication in a newspaper published within said district, in two consecutive publications of said newspaper, and in such other newspapers as may be deemed advisable, calling for bids for the c…