Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-31-154 Contractor's bond - engineer to supervise
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The person to whom the contract may be awarded shall execute a bond in the penal sum of not less than twenty percent of the contract price, with surety to be approved by the board of directors, payable to the drainage district and conditioned upon the faithful performance of the …
Colo. Rev. Stat. § 37-31-155 Use of existing drainage works
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If, after adopting plans for the drainage of the district, it is found that any ditch or drainage work has been constructed in whole or in part conforming with the general plan of drainage for the district, the board may contract for the use and control of such drainage ditch or …
Colo. Rev. Stat. § 37-31-156 Sale of district property
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The board of directors of said drainage district has the right to sell and transfer by proper conveyance any real estate or personal property belonging to said district when in the opinion of said board such property is no longer needed by the said district. Source: L. 23: p. 304…
Colo. Rev. Stat. § 37-31-157 Proof of existence of district
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In all actions, suits, and judicial proceedings in any court in this state, the court shall take judicial notice of the organization and existence of the district from and after the filing for record in the office of the county clerk and recorder of Mesa county, Colorado, of a ce…
Colo. Rev. Stat. § 37-32-101 Legislative declaration
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The general assembly declares that this article is necessary by reason of general economic conditions now prevailing in the agricultural sections of this state. Said conditions make it impossible for the owners of land in many such districts to pay the general and special taxes a…
Colo. Rev. Stat. § 37-32-103 Directors to adopt resolution
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Before the filing of such petition, the board of directors of such district shall adopt a resolution authorizing the filing thereof. Source: L. 39: p. 445, � 2. CSA: C. 57, � 196. CRS 53: � 47-13-2. C.R.S. 1963: � 47-13-2.
Colo. Rev. Stat. § 37-32-104 Issuance of new bonds
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(1) If the plan of composition approved by the United States district court provides for the issuance of new bonds of such district and deposit thereof with such court, or such agency as it may appoint for the purpose, for the delivery of such new bonds to the creditors of the di…
Colo. Rev. Stat. § 37-32-105 Districts may cancel taxes or assessments
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In carrying out any such plan of composition of its indebtedness, any such district has power to cancel or reduce any taxes or assessments theretofore levied or made by said district for the purpose of raising money to pay the principal of or interest upon bonds or warrants sough…
Colo. Rev. Stat. § 37-32-106 Powers not limited by article
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The enumeration of powers in this article shall not exclude powers not mentioned in this article which may be necessary for, or incidental to, the accomplishment of the purposes of this article and the carrying out of such plan of composition. Source: L. 39: p. 446, � 5. CSA: C. …
Colo. Rev. Stat. § 37-33-101 Draining marsh lands
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Whenever any person or corporation desires to construct, enlarge, or extend a drainage ditch or drain for the purpose of draining and reclaiming seeped or marshy land included within any irrigation district in this state, it shall file with the board of directors of such irrigati…
Colo. Rev. Stat. § 37-33-102 Lists of lands affected
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Said petition shall set forth the necessity and probable benefits of such drainage ditch or drain, together with a list of the lands affected by the proposed improvement and the names and addresses of the owners of such lands, and there shall be attached to said petition a plat s…
Colo. Rev. Stat. § 37-33-103 Bond
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The petitioner shall give good and sufficient bond, payable to the irrigation district in which such lands are included and approved by the board of directors of such district, conditioned in case said drainage ditch or drain, from any cause whatsoever, is not constructed, to pay…
Colo. Rev. Stat. § 37-33-104 May employ engineer - hearing
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When such petition, plat, and bond are filed, the board of directors of said irrigation district in which such improvements are to be made shall proceed at once to view the line of the proposed drainage ditch or drain and the lands affected thereby, and, if in its opinion it is n…
Colo. Rev. Stat. § 37-33-105 Method of hearing
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All persons whose lands may be affected may appear at the time specified for said meeting before said board of directors and present such testimony and affidavits as shall relate to the proposed drainage system or ditch with such recommendations as to them shall seem pertinent an…
Colo. Rev. Stat. § 37-33-106 When improvement not feasible
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If the board of directors finds that the proposed improvement is not feasible, it shall so determine, and the costs and expenses incurred shall be paid by the original petitioners as provided under their bond. Source: L. 27: p. 307, � 6. CSA: C. 57, � 191. CRS 53: � 47-14-6. C.R.…
Colo. Rev. Stat. § 37-33-107 Majority to control
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If, however, the improvements petitioned for are found feasible and of use and benefit to the owners representing a major portion of the lands affected and in the best interest of such landowners and such irrigation district, the board of directors is empowered to proceed with th…
Colo. Rev. Stat. § 37-33-108 Determination of cost - assessment
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When the works have been completed and accepted by the board of directors, the board shall determine the total cost, damages, and other expenses and divide the same among the several tracts of land affected in proportion to the number of acres in each tract of land or according t…
Colo. Rev. Stat. § 37-33-109 Irrigation district laws apply
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In all cases not specifically provided for under this article, the laws of the state of Colorado relative to the operation, maintenance, and improvement of irrigation districts shall apply to improvements made under the authority of this article. Source: L. 27: p. 308, � 9. CSA: …
Colo. Rev. Stat. § 37-40-101 Legislative declaration
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It is declared to be the policy of the state of Colorado to encourage transmission of information among agencies of the state of Colorado, political subdivisions of the state of Colorado, and private citizens and businesses of the state of Colorado concerning the conservation, pr…
Colo. Rev. Stat. § 37-40-102 Public agencies - powers of participation
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Agencies within the department of natural resources of the state of Colorado, quasi-municipal corporations, and political subdivisions of the state, including, but not exclusively, counties, towns, cities, city and counties, water conservancy districts, water conservation distric…
Colo. Rev. Stat. § 37-41-101 Irrigation district - organization - purposes
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(1) If a majority of the owners of the land within any district, whether residents or nonresidents, as well as the owners in the aggregate of a majority of the lands in such district desire to provide for the irrigation of the same and drainage work, or both, necessary to maintai…
Colo. Rev. Stat. § 37-41-102 Petition
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(1) For the purpose of the establishment of an irrigation district as provided by this article, a petition shall be filed with the board of county commissioners of the county which embraces the largest acreage of the proposed district. The petition shall state: (a) That it is the…
Colo. Rev. Stat. § 37-41-103 Presentation and allowance of petition
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(1) When such petition is presented and it appears that the notice of the presentation of said petition has been given as required by section 37-41-102 (3) and that said petition has been signed by the requisite number of petitioners as required by this article, the board of coun…
Colo. Rev. Stat. § 37-41-104 Notice of election - qualifications of electors
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(1) The board of county commissioners shall thereupon cause a notice embodying said orders in substance, signed by the chairman of the board of county commissioners and the clerk of said board, to be issued, given, and published, giving public notice of said election, the time an…
Colo. Rev. Stat. § 37-41-105 Canvass of votes - proclamation
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(1) The board of county commissioners shall meet on the second Monday next succeeding such election and proceed to canvass the votes cast thereat. If, upon such canvass, it appears that at least a majority of said legal electors in said district have voted Irrigation District - Y…
Colo. Rev. Stat. § 37-41-106 Directors - election - term
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(1) The regular election of said district for the purpose of electing a board of directors shall be held on the first Tuesday after the first Monday in December of each year, at which time one director shall be elected for a term of three years; except that, at the first election…
Colo. Rev. Stat. § 37-41-107 Office of board - elections
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(1) The office of the board of directors shall be located in the county where the organization was effected. (2) Fifteen days before any election held under this article subsequent to the organization of the district, the secretary, who shall be appointed by the board of director…
Colo. Rev. Stat. § 37-41-108 Directors - secretary - salaries
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Each member of the board of directors may receive compensation at the rate of up to one hundred fifty dollars per day while attending meetings and shall be reimbursed for their actual and necessary expenses while engaged in official business. A director or officer named in this a…
Colo. Rev. Stat. § 37-41-110 Duties of election officers
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(1) One of the judges shall be chairman of the election board and may: (a) Administer all oaths required in the progress of an election; (b) Appoint judges and clerks if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or …
Colo. Rev. Stat. § 37-41-111 Canvass of votes
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No lists, tally paper, or certificates returned from any election shall be set aside or rejected for want of form if they can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. I…
Colo. Rev. Stat. § 37-41-112 Records - vacancy and term of office
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(1) The secretary of the board of directors, as soon as the result of any election held under the provisions of this article is declared, shall enter in the records of such board and file with the county clerk and recorder of the county in which the office of said district is loc…
Colo. Rev. Stat. § 37-41-113 Board of directors - duties - contracts - rules
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(1) The directors, having duly qualified, shall organize as a board, elect a president from their number, and appoint a secretary. The board has power and it is its duty to adopt a seal, manage and conduct the affairs and business of the district, make and execute all necessary c…
Colo. Rev. Stat. § 37-41-114 Meetings - duties - eminent domain
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The board of directors shall hold a regular quarterly meeting in its office on the first Tuesday in January, April, July, and October and such special meetings as may be required for the proper transaction of business. All special meetings shall be called by the president of the …
Colo. Rev. Stat. § 37-41-115 Property - title
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The title to all property acquired under this article shall immediately and by operation of law vest in such irrigation district in its corporate name, and shall be held by such district in trust for and is hereby dedicated and set apart for the uses and purposes set forth in thi…
Colo. Rev. Stat. § 37-41-116 Conveyances - suits
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(1) The said board is hereby authorized to take conveyances or assurances for all property acquired by it under the provisions of this article in the name of such irrigation district for the purposes expressed in this article, and to institute and maintain any actions and proceed…
Colo. Rev. Stat. § 37-41-117 Bonds - contract - purposes - election
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(1) For the purpose of constructing or purchasing or acquiring necessary reservoir sites, reservoirs, water rights, canals, ditches, and works and of acquiring the necessary property and rights therefor; for the assumption of indebtedness to the United States or for entering into…
Colo. Rev. Stat. § 37-41-118 Sale of bonds - proceeds
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The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction or purchase of canals, reservoir sites, reservoirs, and water rights and works and otherwise to fully carry out the object and purposes …
Colo. Rev. Stat. § 37-41-119 Bonds - payment - lien
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The bonds, and the interest thereon, and all payments due or to become due to the United States under any contract between the district and the United States accompanying which bonds of the district have not been deposited with the United States shall be paid by revenue derived f…
Colo. Rev. Stat. § 37-41-120 Fiscal year - directors to fix levy
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(1) The fiscal year of each irrigation district in this state shall commence on January 1 in each year. It is the duty of the board of directors on or before October 15 in each year to determine the amount of money required to meet the maintenance, operating, and current expenses…
Colo. Rev. Stat. § 37-41-121 Assessor - assessment
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(1) It is the duty of the county assessor of any county embracing the whole or a part of any irrigation district to assess and enter upon his records as assessor in its appropriate column the assessment of all real estate, including public lands subject to assessment under the ac…
Colo. Rev. Stat. § 37-41-122 Other taxes must be paid
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The owner of such land, at the time of filing such petition and before the order of the board of directors of the district or the decree of court excluding such land from the district goes into effect, shall pay to the county treasurer of the county in which such land is situated…
Colo. Rev. Stat. § 37-41-123 Special tax levy
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(1) It is the duty of the board of county commissioners of the county in which is located the office of any irrigation district, immediately upon receipt of the returns of the total assessment of said district and upon the receipt of the certificates of the board of directors cer…
Colo. Rev. Stat. § 37-41-124 Assessment - collection - redemption - deed
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(1) The revenue laws of this state for the assessment, levying, and collection of taxes on real estate for county purposes, as modified in this section, shall be applicable for the purposes of this article 41, including the enforcement of penalties and forfeiture for delinquent t…
Colo. Rev. Stat. § 37-41-125 Construction - contracts
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(1) After adopting a plan for the construction of canals, reservoirs, and works, the board of directors shall give notice, by publication thereof, for not less than twenty days, in a newspaper published in each of the counties into which any such irrigation district extends, prov…
Colo. Rev. Stat. § 37-41-126 Claims - audit - payment - financial report
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Except with respect to claims coming within the provisions of article 10 of title 24, C.R.S., no claims shall be paid by the district treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, …
Colo. Rev. Stat. § 37-41-127 Funds for expenses
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For purposes of defraying the expenses of the organization of the district, and the care, operation, management, repair, and improvement of all canals, ditches, reservoirs, and works, including salaries of officers and employees, the board may either fix rates of tolls and charge…
Colo. Rev. Stat. § 37-41-128 Crossing streams, highways, railroads, state lands
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The board of directors has the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal may intersect or cross. If such railroad company and said board, or the owners and cont…
Colo. Rev. Stat. § 37-41-129 Limit of indebtedness - emergency
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The board of directors or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this article, nor shall they add to the expenditure of any one fiscal year anything o…
Colo. Rev. Stat. § 37-41-130 Insufficient supply - distribution
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In case the volume of water in any canal, reservoir, or other works in any district shall not be sufficient to supply the continual wants of the entire district susceptible of irrigation therefrom, then it is the duty of the board of directors to distribute all available water up…
Colo. Rev. Stat. § 37-41-131 Compensation for property taken
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Nothing contained in this article shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal, or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal, or reservoirs, unless previous co…