Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-42-120 Additional bonds
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If, after the issuance and sale of a series of bonds under this article, it becomes necessary to authorize an additional issue or series of bonds, the same may be authorized and sold in like manner and in accordance with the provisions of this article as to a first issue of bonds…
Colo. Rev. Stat. § 37-42-121 Sale of bonds - notice
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The board of directors may sell bonds so authorized and issued from time to time as may be necessary for district purposes, having first by resolution declared its intention to do so and having appointed a day and hour therefor. Notice of such sale shall be given by publishing th…
Colo. Rev. Stat. § 37-42-122 Bonds - assessments
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Such 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, which bonds of the district have not been deposited with the United States, shall be paid solely by revenue derived from …
Colo. Rev. Stat. § 37-42-123 Rescission of action authorizing bonds
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If the landowners of an irrigation district desire to rescind their action authorizing an issue of bonds, they may do so as to any such entire issue remaining unsold in the hands of the board of directors in the same manner as such issue was authorized and upon an affirmative vot…
Colo. Rev. Stat. § 37-42-124 Construction of works - bids - notice - contract - bond
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(1) After a plan for construction of irrigation or other works has been adopted and approved as provided in section 37-42-117, and funds provided therefor, the board of directors shall call for bids for the construction of the whole or any part thereof. The notice shall be publis…
Colo. Rev. Stat. § 37-42-125 Fiscal year - appropriation resolution
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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, in accordance with the schedule prescribed by section 39-5-128, C.R.S., to determine the amount of money required to meet the maintena…
Colo. Rev. Stat. § 37-42-126 Assessment of lands - valuation
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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 columns the assessment of all lands, including public lands subject to assessment under the congres…
Colo. Rev. Stat. § 37-42-127 Levy to pay interest and expenses
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(1) It is the duty of the board of county commissioners of the county in which the office of any irrigation district is located, 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. § 37-42-128 Collection of assessments
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(1) Repealed. (2) It is the duty of the county treasurer of any county wherein is located the whole or any part of an irrigation district to collect and receipt for all irrigation district assessments levied. The revenue laws of this state for the assessment, levying, and collect…
Colo. Rev. Stat. § 37-42-129 Warrants - interest - call. (Repealed)
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Source: L. 21: p. 545, � 29. C.L. � 2085. CSA: C. 90, � 460. CRS 53: � 149-2-29. C.R.S. 1963: � 150-2-29. L. 71: p. 1217, � 17. L. 73: p. 1531, � 2. L. 2017: Entire section repealed, (HB 17-1030), ch. 16, p. 52, � 10, effective August 9.
Colo. Rev. Stat. § 37-42-130 Call of bonds - surplus fund
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If bonds are issued which are subject to redemption prior to maturity, and if, after the payment of all coupons and bonds due in any fiscal year, it is found that the bond fund of an irrigation district contains an amount of money sufficient therefor, it is the duty of the distri…
Colo. Rev. Stat. § 37-42-131 Payment of general expenses
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(1) Repealed. (2) (a) For the 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: (I) Fix ra…
Colo. Rev. Stat. § 37-42-132 Relief from bonded indebtedness
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(1) At any time after the expiration of two years from the date of the issuance of any bonds under this article, any landowner may relieve his lands from the burden of such bonded indebtedness in the following manner: He shall pay to the district treasurer an amount of money suff…
Colo. Rev. Stat. § 37-42-133 Exclusion of land from district
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(1) Any landowner desiring the exclusion of any of his lands from an irrigation district organized under this article shall present to the board of directors of such district his verified petition describing such lands and praying their exclusion by order of such board. He shall …
Colo. Rev. Stat. § 37-42-134 Inclusion of land in district
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(1) Landowners representing a majority of the acreage of any tracts of land susceptible of irrigation from the system of any irrigation district already organized may present their petition to the board of directors of such irrigation district, praying that such lands be included…
Colo. Rev. Stat. § 37-42-135 District to lease surplus water
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Whenever any irrigation district organized under this article 42 acquires water in excess of its own needs or becomes the owner of water or rights capable of use for other purposes than those for which it was organized, without impairing or injuring such use, it may lease the wat…
Colo. Rev. Stat. § 37-42-136 Drainage of lands - surveys
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The board of directors of any irrigation district may cause surveys, maps, estimates of cost, and a report of feasibility to be made looking to the drainage of the whole or any part of an irrigation district which may have become, or threatens to become, seeped or too wet or whic…
Colo. Rev. Stat. § 37-42-137 Sale of surplus water - proceeds
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The board of directors may sell property or assets of the district not needed for district use nor essential to its operation from time to time as it directs and upon such notice as it designates, and shall cause the proceeds thereof to be placed in the bond fund or United States…
Colo. Rev. Stat. § 37-42-138 Confirmation of organization and bonds
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(1) The board of directors of any irrigation district organized under this article at any time may file a petition in the district court of the county wherein is situated the office of such district praying for a judicial examination and determination of the question of the valid…
Colo. Rev. Stat. § 37-42-139 Dissolution of district - election
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(1) A plan for the dissolution of any irrigation district organized under this article may be submitted to the landowners at a special election held for that purpose. Such plan must provide for the payment of all district debts and liabilities and the disposition of district asse…
Colo. Rev. Stat. § 37-42-140 Districts organized after April 7, 1921
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This article 42 applies only to irrigation districts organized after April 7, 1921, and no existing laws in any manner relating to irrigation districts apply to or affect irrigation districts organized after that date, but existing laws and all amendments thereto made after that …
Colo. Rev. Stat. § 37-42-141 Ratification of irrigation district
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If the landowners of an irrigation district entitled to vote at elections have authorized the dissolution of the district in the manner provided by section 37-42-139 but the plan of dissolution so authorized has not been implemented and the district has continued to function as a…
Colo. Rev. Stat. § 37-43-101 Definition of landowner
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For the purposes of sections 37-43-101 to 37-43-103, a landowner shall be held to be any individual eighteen years of age or older, owning in fee within an irrigation district land in excess of one acre that is subject to irrigation district taxation or assessment, who is a citiz…
Colo. Rev. Stat. § 37-43-102 Landowners to vote for directors on acreage basis
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Landowners in irrigation districts in this state who do not have the right to vote for district directors on an acreage basis shall have such right if so authorized as provided in sections 37-43-101 and 37-43-103. Source: L. 35: p. 663, � 1. CSA: C. 90, � 485. CRS 53: � 149-3-1. …
Colo. Rev. Stat. § 37-43-103 Directors may submit question
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At any general or special election held in any irrigation district, the board of directors may submit to the electors of the district the question of voting for directors of the district on an acreage basis; except that no landowner has the right to vote more than eighty acres in…
Colo. Rev. Stat. § 37-43-104 Qualifications of directors and electors. (Repealed)
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Source: L. 71: p. 1347, � 2. C.R.S. 1963: � 150-3-89. L. 2002: Entire section repealed, p. 9, � 3, effective March 5.
Colo. Rev. Stat. § 37-43-105 Increasing number of directors
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The board of directors of any irrigation district in the state of Colorado may submit to the electors of any such district the question of whether or not the number of directors of such district shall be increased from three to five. Source: L. 45: p. 419, � 1. CSA: C. 90, � 487(…
Colo. Rev. Stat. § 37-43-106 Calling election - ballot
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Such election may be called by any board of directors and shall be called if a petition therefor, signed by thirty percent of the qualified electors in said district, as defined in section 37-43-108, is presented to any such board, which election shall be a special election and t…
Colo. Rev. Stat. § 37-43-107 Voting
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The preference of voters shall be indicated by inserting a cross mark following either one or the other of the foregoing propositions, and said ballot shall have printed upon the face thereof instructions to the voters, worded as follows: To vote for or against an increase in the…
Colo. Rev. Stat. § 37-43-108 Who may vote
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Any qualified elector, as defined in the law under which such district is organized, owning agricultural lands of one acre or more in extent may vote at such election and is entitled to one vote and shall not vote upon an acreage basis regardless of whether or not the landowners …
Colo. Rev. Stat. § 37-43-109 Canvassing vote - directors-at-large
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The vote shall be canvassed by the board of directors at its first regular meeting after such election, and, if a majority of landowners voting at such special election vote for an increase in the membership of directors of the said district from three to five, at their next regu…
Colo. Rev. Stat. § 37-43-110 When directors-at-large elected
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At the next general election following such special election, in the event the landowners vote in favor of an increase in the membership of the board of directors, there shall be elected two directors-at-large, one to serve for two years and one for three years, and, at each regu…
Colo. Rev. Stat. § 37-43-111 Eligibility of directors
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The law applicable to the qualification of directors shall be applicable to directors-at-large so appointed or elected. Source: L. 45: p. 420, � 7. CSA: C. 90, � 487(7). CRS 53: � 149-3-10. C.R.S. 1963: � 150-3-10.
Colo. Rev. Stat. § 37-43-112 Agricultural college and school lands included
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For the purpose of furnishing water and securing water rights for agricultural college and public school lands lying within or adjacent to the boundaries of any irrigation district organized, the state board of land commissioners is authorized to petition all such lands into such…
Colo. Rev. Stat. § 37-43-113 Petition - form and execution
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All such petitions shall be in the form provided by law for the petition of other lands into such irrigation districts, and shall be signed, sealed, and acknowledged by the register of the state board of land commissioners on behalf of said board and shall in addition be counters…
Colo. Rev. Stat. § 37-43-114 Assessments
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All such lands so included in any irrigation district in this state shall be assessed for irrigation district purposes in the same manner and at the same rate as other lands in such irrigation districts. Source: L. 09: p. 429, � 3. C.L. � 2028. CSA: C. 90, � 490. CRS 53: � 149-3-…
Colo. Rev. Stat. § 37-43-115 Mode of payment - receipts
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It is the duty of the county treasurer of each county in this state wherein any irrigation district is located and in which such lands have been so included to notify the register of the state board of land commissioners on or before February 1 of each year of the amount of distr…
Colo. Rev. Stat. § 37-43-116 Purchaser to pay accrued assessments
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Upon the receipt of such receipts from said county treasurers, it is the duty of the register of the state board of land commissioners to enter and charge the same against each tract of land so paid on, in a book to be kept by him for that purpose, showing the amount paid, date o…
Colo. Rev. Stat. § 37-43-117 Lessee to pay assessments in addition to rent
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In the event that any such tracts of land so included within any irrigation district are leased from the state board of land commissioners, then all such lessees, in addition to the rental paid to said state board of land commissioners, shall pay such an additional amount to said…
Colo. Rev. Stat. § 37-43-118 Purchasers to pay to register until patent
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All contracts for the sale of any such lands included within any irrigation district, in addition to the purchase price to be paid, shall provide that such purchaser, on or before March 1 in each year, until he has secured a patent for such lands, shall pay to the register of the…
Colo. Rev. Stat. § 37-43-119 Board of directors may exclude land
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The board of directors of an irrigation district by resolution may exclude any lands from the district, if such district does not have any outstanding unpaid bonded indebtedness and if the permission of the owner of the fee title and of any equitable owner has first been had or s…
Colo. Rev. Stat. § 37-43-120 Land may be excluded at time of refinancing
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At any time during the refinancing of the bonded indebtedness of an irrigation district, the board of directors thereof by resolution may exclude any land from such district, provided such exclusion is known to the purchaser of the district's refunding bonds. Source: L. 35: p. 66…
Colo. Rev. Stat. § 37-43-121 Prior exclusion of lands
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All exclusions of lands made prior to February 16, 1935, by boards of directors of irrigation districts which would be lawful under the terms and provisions of sections 37-43-119 and 37-43-120 are declared to be lawful. Source: L. 35: p. 665, � 3. CSA: C. 90, � 497. CRS 53: � 149…
Colo. Rev. Stat. § 37-43-122 Irrigation districts to provide drainage
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Upon presentation of a petition to the board of directors of an irrigation district signed by not less than two-thirds of the legal voters of such district, each of whom is the owner of five acres or more of lands within the district and has paid the irrigation district taxes in …
Colo. Rev. Stat. § 37-43-123 Title in seepage or waste waters
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Whenever it appears necessary, proper, or beneficial to the lands affected thereby to drain such lands or any portion thereof on account of the irrigation which has been done, or which is intended to be done under such laws, whether for the purpose of more beneficially carrying o…
Colo. Rev. Stat. § 37-43-124 Sale of water rights and property
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The board of directors of any irrigation district may sell or dispose of any part or all of the irrigation works, franchises, water rights, or other property of the district when authorized so to do by the vote of a two-thirds majority of the legally qualified electors of the dis…
Colo. Rev. Stat. § 37-43-125 Election - notice - canvass
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Whenever it is desired to sell property of the district, the board of directors, by resolution entered in the minutes of their proceedings, shall submit such questions to the qualified voters of said district at a special election of the district called for such purpose or at a g…
Colo. Rev. Stat. § 37-43-126 Determination of validity of sale
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(1) In case, upon the canvass of a vote at such election, it is found and declared by said board of directors that a majority of the votes cast at such election have been cast in favor of selling all or part of the dams, reservoirs, canals, franchises, water rights, and other pro…
Colo. Rev. Stat. § 37-43-127 Proceedings by elector on failure of board
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If no such proceedings have been filed by the board of directors within thirty days after the canvass of said vote, then any qualified elector of the district may bring an action in the district court of the county wherein the office of the board of directors is located. The boar…
Colo. Rev. Stat. § 37-43-128 Sale
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The sale may be made to any person or to a corporation organized under the laws of the state of Colorado, or may be made to the United States, but no sale of water rights shall in any manner impair or be deemed to relinquish any of the sovereign rights of the state of Colorado in…