Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-41-132 Boundaries - change - effect
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The boundaries of any irrigation district organized under the provisions of this article may be changed in the manner prescribed in sections 37-41-132 to 37-41-148; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or …
Colo. Rev. Stat. § 37-41-133 Additional land admitted - petition
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The holder of title, or color of title, of any land adjacent to or situated within the boundaries of any irrigation district or irrigable from the ditches, canals, and irrigation works of the district may file with the board of directors of said district a petition in writing, pr…
Colo. Rev. Stat. § 37-41-134 Notice of filing - costs
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The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once each week for three successive weeks in a newspaper published in the county where the office of said board is situate, which shall state the filing of such pet…
Colo. Rev. Stat. § 37-41-135 Hearing of petition - assent
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The board of directors, at the time and place mentioned in said notice, or at such time to which the hearing of said petition may adjourn, shall proceed to hear the petition, and all objections thereto, presented in writing by any person, showing cause why said petition should no…
Colo. Rev. Stat. § 37-41-136 Payment of pro rata assessments
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The board of directors to whom such petition is presented may require, as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as petitioners or thei…
Colo. Rev. Stat. § 37-41-137 Inclusion or rejection of lands - protest
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The board of directors if it deems it not for the best interests of the district to include therein the lands mentioned in the petition, by order, shall reject the petition, but if it deems it for the best interests of the district that said lands be included, the board may order…
Colo. Rev. Stat. § 37-41-138 Order - record - effect
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Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order, a certified copy of the order of the board of directors making such change, and a plat of such district showing such change, certified by the…
Colo. Rev. Stat. § 37-41-139 Records - evidence
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Upon the filing of the copies of the order and the plat as provided in section 37-41-138, the secretary shall record the petition in the minutes of the board. The minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. Source: L…
Colo. Rev. Stat. § 37-41-140 Legal representatives petitioners
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A guardian, an executor, or an administrator of an estate, who is appointed as such under the laws of this state and who, as such guardian, executor, or administrator, is entitled to the possession of the lands belonging to the estate which he represents, upon being thereunto aut…
Colo. Rev. Stat. § 37-41-141 Redivision of district - election of officers
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In case of the inclusion of any land within any district by proceedings under this article, at least thirty days prior to the next succeeding general election, the board of directors shall make an order redividing such district into three divisions, as nearly equal in size as may…
Colo. Rev. Stat. § 37-41-142 Lands may be excluded from district
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(1) Any tract of land included within the boundaries of any such district at or after its organization, under the provisions of this article, may be excluded therefrom in the manner prescribed in sections 37-41-142 to 37-41-148, but such exclusion of land from the district shall …
Colo. Rev. Stat. § 37-41-143 Petition for exclusion
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The owner in fee of any lands constituting a portion of any irrigation district may file, with the board of directors of the district, a petition praying that such lands may be excluded and taken from said district. The petition shall describe the lands which the petitioners desi…
Colo. Rev. Stat. § 37-41-144 Notice of filing petition
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The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least three weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of said district lies within a…
Colo. Rev. Stat. § 37-41-145 Hearing of petition
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The board of directors, at the same time and place mentioned in the notice or at the time to which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto presented in writing by any persons, showing cause why the prayer of sai…
Colo. Rev. Stat. § 37-41-146 Order
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The board of directors, if it deems it not for the best interest of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from said district, shall order that said petition be denied; but if it deems it for the best interest of the dis…
Colo. Rev. Stat. § 37-41-147 Record - effect
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Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order, a certified copy of the order of the board of directors making such change and a plat of such district showing such change, certified by the …
Colo. Rev. Stat. § 37-41-148 Division of districts
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At least thirty days before the next general election of such district the board of directors thereof may make an order dividing said district into three divisions, as nearly equal in size as practicable, which divisions shall be numbered first, second, and third, and one directo…
Colo. Rev. Stat. § 37-41-149 Dissolution of district - election
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If a majority of the resident freeholders, representing a majority of the number of acres of the irrigable land in any irrigation district organized under this article, shall petition the board of directors to call a special election for the purpose of submitting to the qualified…
Colo. Rev. Stat. § 37-41-150 Canvass - record
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The board of directors shall name a day for canvassing the vote, and if it appears that a majority of said ballots contain the words, For Dissolution - Yes, then it shall be the duty of said board of directors to declare said district to be dissolved and to certify to the county …
Colo. Rev. Stat. § 37-41-151 Judicial examination of bonds and contracts
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The board of directors of an irrigation district organized under the provisions of this article may commence special proceedings, in and by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of said district, whe…
Colo. Rev. Stat. § 37-41-152 Petition for judicial examination
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The board of directors of the irrigation district shall file, in the district court of the county in which the lands of the district or some portion thereof are situated, a petition praying in effect that the proceedings may be examined, approved, and confirmed by the court. The …
Colo. Rev. Stat. § 37-41-153 Notice of hearing
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The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published for three successive weeks in a newspaper published in the county where the of…
Colo. Rev. Stat. § 37-41-154 Answer - pleading
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Any person interested in said district, or in the issue or sale of said bonds, or in the making of a contract with the United States may move to dismiss or answer said petition. The provisions of the Colorado rules of civil procedure respecting the motion to dismiss and answer to…
Colo. Rev. Stat. § 37-41-155 Determination - costs
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Upon the hearing of such special proceeding, the court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed in this article and shall have power and jurisdiction to examine and determ…
Colo. Rev. Stat. § 37-41-156 Sale of realty not needed
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The board of directors of any irrigation district organized under and subject to the provisions of this article may sell, dispose of, and convey any real property of the irrigation district not needed for the use of such irrigation district nor essential to its operation, from ti…
Colo. Rev. Stat. § 37-41-157 President to execute deeds
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The president of the board of directors of any such irrigation district, when authorized by resolution of the board of directors, is empowered to execute, acknowledge, and deliver all deeds of conveyance necessary to convey such property to the purchaser thereof, such deed of con…
Colo. Rev. Stat. § 37-41-158 Proceeds - where paid
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The proceeds of such sale shall be paid into the general fund of such irrigation district. Source: L. 25: p. 329, � 3. CSA: C. 90, � 510. CRS 53: � 149-1-58. C.R.S. 1963: � 150-1-58.
Colo. Rev. Stat. § 37-41-159 Findings of board conclusive
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The board of directors by resolution shall find and determine that any such real property that it proposes to sell or dispose of is not needed for the use of such irrigation district and is not essential to its operation, and such finding and determination shall be conclusive upo…
Colo. Rev. Stat. § 37-41-160 Single election precincts
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In any election conducted by an irrigation district organized prior to March 3, 1953, the board of directors of such district may order, in its discretion, that the entire district shall constitute one election precinct. In such event the board shall establish one polling place i…
Colo. Rev. Stat. § 37-41-161 Dollar amounts adjusted for inflation - definition
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(1) Every five years, beginning on July 1, 2029, the dollar amounts set forth in sections 37-41-107 (5), 37-41-108, and 37-41-113 (4) increase by the rate of inflation, rounded to the nearest dollar. (2) As used in this section, unless the context otherwise requires, inflation me…
Colo. Rev. Stat. § 37-42-100.3 Definitions
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As used in this article 42, unless the context otherwise requires: (1) Landowner means an owner in fee of lands within the boundaries of any irrigation district organized or proposed to be organized, whether a resident or nonresident of the district, who or that is a citizen of, …
Colo. Rev. Stat. § 37-42-101 Petition for organization - schedule - bond
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Whenever the landowners of any prescribed area within the state of Colorado desire to organize an irrigation district for the purposes named in this article, they may propose such organization by presenting to the board of county commissioners of the county within which said area…
Colo. Rev. Stat. § 37-42-102 Date of hearing - notice
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Upon the filing of such petition and the approval of the bond, the board of county commissioners shall communicate with the state engineer with reference thereto, and together they shall agree upon a date for hearing upon such petition, which shall in no case be later than ninety…
Colo. Rev. Stat. § 37-42-103 Preliminary report
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Prior to the date of such hearing, the state engineer shall file with the board of county commissioners, before which the hearing will be held, his preliminary report on the proposed irrigation system, showing his estimate of costs, as well as the availability of an adequate wate…
Colo. Rev. Stat. § 37-42-104 Hearing - adjournments
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In case the state engineer considers the proposed irrigation system feasible, and shall so state in his report, or shall report his inability to reach a definite conclusion with reference thereto, the board of county commissioners shall proceed to a hearing and determination of t…
Colo. Rev. Stat. § 37-42-105 Adverse report - investigations
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(1) In case the report of the state engineer is adverse to the formation of such district because it is not considered feasible, he shall state his reasons for such conclusion in concise language and shall call attention thereto expressly in his letter transmitting such report to…
Colo. Rev. Stat. § 37-42-106 Notice of organization meeting and election
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(1) Immediately following the determination of the board of county commissioners, it shall call an organization meeting and election of such proposed irrigation district for the purpose of determining whether such irrigation district shall be organized, and if organized, for the …
Colo. Rev. Stat. § 37-42-107 Organization - meeting - voting
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(1) The board of county commissioners shall attend at the time and place of the meeting specified in section 37-42-106 and shall certify to the meeting a list of the landowners of the proposed district, taking no account of those who have prosecuted appeals from the order of the …
Colo. Rev. Stat. § 37-42-108 Directors - election
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(1) The board of directors consists of three landowners of the district who are qualified to vote at district elections pursuant to section 37-42-112 (2), including authorized agents, and who reside within the district. Directors hold their respective offices for the period of th…
Colo. Rev. Stat. § 37-42-109 Directors to file map
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It is the duty of the board of directors to file for record in the office of the county clerk and recorder of each county wherein any part of an irrigation district lies a map of such district showing the boundaries thereof, together with a complete list of all lands within such …
Colo. Rev. Stat. § 37-42-110 Directors to organize - powers
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(1) On the same day the board of directors is elected, and immediately following the meeting at which they were elected, the board shall meet for the purpose of organization of the board. It shall select one of its own members as president of the irrigation district and shall sel…
Colo. Rev. Stat. § 37-42-111 Meetings of directors - notice
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The board of directors shall hold its regular meetings at least four times each year, which may be immediately following the general election and on the first Tuesday of April, July, and October of each year, or, in the alternative, at such other times as may be designated in the…
Colo. Rev. Stat. § 37-42-112 District elections - definition
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(1) Elections are of two kinds, general and special. A general election shall be held once each year in the month of January, at a date, time, and place designated by the board. Any business requiring or permitting a vote of the landowners may be transacted at the election, inclu…
Colo. Rev. Stat. § 37-42-113 Powers of district - loans for improvements - rules
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(1) (a) Irrigation districts organized under this article 42 may sue and be sued in their district names, and courts shall take judicial notice of their organization and territorial extent. (b) The board of directors may acquire, by use, prescription, appropriation, purchase, or …
Colo. Rev. Stat. § 37-42-114 Landowners - definition - evidence of ownership
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(1) Repealed. (2) Where such landowner is under disability, or infancy, insanity, or otherwise, or the lands are held under administration, guardianship, conservatorship, receivership, or other similar proceeding, the administrator, executor, guardian, conservator, receiver, or o…
Colo. Rev. Stat. § 37-42-115 Land board as landowner
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(1) The state board of land commissioners is hereby authorized to act in the capacity of landowner with reference to any lands under its management or control; except that no such lands under the control or management of the state board of land commissioners, or upon which less t…
Colo. Rev. Stat. § 37-42-116 Irrigation district commission created. (Repealed)
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Source: L. 21: p. 532, � 16. C.L. � 2072. CSA: C. 90, � 447. CRS 53: � 149-2-16. C.R.S. 1963: � 150-2-16. L. 68: p. 130, � 143. L. 88: (1) amended, p. 419, � 15, effective April 11. L. 91: Entire section repealed, p. 886, � 10, effective June 5.
Colo. Rev. Stat. § 37-42-117 Directors to adopt plans
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(1) The board of directors of any irrigation district organized under this article, as soon as organized, shall adopt a definite and complete plan for carrying out the purposes of its organization, which plan shall include a definite means for the irrigation or reclamation of the…
Colo. Rev. Stat. § 37-42-118 Bond election - ballots
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(1) After the plan specified in section 37-42-117 has been adopted, the board of directors may then call a district election for the purpose of voting upon the question of authorization and issuance of district bonds in an amount and in such series and dates of maturities, but no…
Colo. Rev. Stat. § 37-42-119 Registered bonds. (Repealed)
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Source: L. 21: p. 536, � 19. C.L. � 2075. CSA: C. 90, � 450. CRS 53: � 149-2-19. C.R.S. 1963: � 150-2-19. L. 89: (1) amended, p. 1132, � 74, effective July 1. L. 91: Entire section repealed, p. 886, � 11, effective June 5.