Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-43-129 Decree of sale
0.7K chars
The court in its decree has the power to make the orders necessary to carry out said proposition or plan for the sale of the dams, reservoirs, canals, franchises, water rights, or other property of the district; but no plan for the sale of the entire property of irrigation distri…
Colo. Rev. Stat. § 37-43-130 Construction
1.4K chars
Sections 37-43-124 to 37-43-131 shall be liberally construed to carry out the intent and purpose, and nothing in this article shall be held to curtail or abridge the powers of the district officers, the boards of county commissioners, or the revenue officers of the state in the a…
Colo. Rev. Stat. § 37-43-131 Distribution of proceeds
0.5K chars
Whenever all of the property of any irrigation district has been disposed of and all of the indebtedness and obligations thereof, if any, have been discharged, the balance of the money of said district shall be distributed to the landowners in said district upon the last assessme…
Colo. Rev. Stat. § 37-43-132 Purposes for bond issues
1.0K chars
Whenever irrigation districts shall be organized or created under the laws of this state, they have power to construct, build, or acquire irrigation works and to purchase or acquire rights-of-way, reservoirs, water rights, and priorities of rights to the use of water, all of whic…
Colo. Rev. Stat. § 37-43-133 Meeting of landowners
1.3K chars
Whenever the board of directors of any irrigation district proposes to issue negotiable coupon general obligation bonds of the district for one or more of said purposes, it shall call a meeting of the owners of land in the district, at which meeting the question of issuing such b…
Colo. Rev. Stat. § 37-43-134 Voting on bond issue
1.7K chars
The president of the board of directors, or in his absence one of the other members of the board of directors of the district, shall preside at such meeting and the secretary of the board shall act as secretary of the meeting. The landowners present shall elect three of their own…
Colo. Rev. Stat. § 37-43-135 Resolution of board of directors
1.9K chars
If the result so certified shows that votes representing eighty percent of the acres of taxable land in the district have been cast in favor of the proposed bonds, the board of directors, by resolution, may authorize the issuance of negotiable coupon general obligation bonds of t…
Colo. Rev. Stat. § 37-43-136 Levy of tax - collection
1.4K chars
For the purpose of paying such bonds and the interest thereon, the board of directors of any district issuing bonds under this article is authorized to levy ad valorem taxes on all taxable land within the district. Such taxes shall be certified, extended, and collected at the sam…
Colo. Rev. Stat. § 37-43-137 Bonds receivable in payment of taxes
0.7K chars
Bonds of any maturity issued under this part 1 may be used at face value in paying taxes levied to pay the principal of such bonds; except that bonds maturing after the year in which the bonds are so used shall have all future due coupons attached thereto and no credit shall be a…
Colo. Rev. Stat. § 37-43-138 Construction
0.6K chars
The provisions of sections 37-43-132 to 37-43-138 shall not be construed to be exclusive of the provisions of any other laws authorizing the issuance of irrigation district bonds, but shall be construed to be supplemental thereto, and owners of land within any existing irrigation…
Colo. Rev. Stat. § 37-43-139 Bonds to retire warrants
1.0K chars
Whenever any irrigation district formed under the laws of this state has issued warrants for any purposes for which said irrigation district could lawfully have issued its bonds, it is lawful for said irrigation district to issue bonds for the purpose of retiring said warrants, s…
Colo. Rev. Stat. § 37-43-140 Subject to outstanding bonds
0.3K chars
All bonds issued by any irrigation district under the provisions of section 37-43-139 shall be subject to all bonds previously issued by such district. Source: L. 13: p. 385, � 2. C.L. � 1993. CSA: C. 90, � 520. CRS 53: � 149-3-39. C.R.S. 1963: � 150-3-39.
Colo. Rev. Stat. § 37-43-141 Levy of tolls or charges
1.3K chars
The board of directors of any irrigation district within the state may annually or otherwise levy and assess such tolls or charges as may be necessary to raise moneys for the maintenance and operation or payment of existing unfunded indebtedness of the district, said tolls or cha…
Colo. Rev. Stat. § 37-43-142 Where payment of tolls made
0.3K chars
Payments of tolls or charges provided for in section 37-43-141 shall in each instance be made to the secretary or treasurer of such district as may be directed by the board of directors thereof. Source: L. 37: p. 786, � 2. CSA: C. 90, � 479(2). CRS 53: � 149-3-41. C.R.S. 1963: � …
Colo. Rev. Stat. § 37-43-143 Water may be refused - when
0.7K chars
The board of directors of any irrigation district within the state of Colorado, by resolution, may refuse to deliver water to any land within such district upon which land any tax or assessment has been levied for the payment of principal or interest due or to become due on the b…
Colo. Rev. Stat. § 37-43-144 Issuance of refunding bonds
1.2K chars
The board of directors of any irrigation district, under the conditions provided in sections 37-43-144 to 37-43-151, may issue negotiable coupon bonds, denominated as refunding bonds for the purpose of taking up, paying off, and refunding any outstanding indebtedness of the distr…
Colo. Rev. Stat. § 37-43-145 Board of directors to issue bonds
4.5K chars
(1) Whenever it is desired to issue refunding bonds under sections 37-43-144 to 37-43-151, the board of directors of the district, by resolution entered in the minutes of their proceedings, shall call a special election of the qualified voters of said district for the purpose of …
Colo. Rev. Stat. § 37-43-146 Submission of question to electors
1.3K chars
The board of directors at the same election, or at any future general or special election, may submit to the qualified voters of the district the question of whether the coupons upon such refunding bonds shall bear interest at a rate not to exceed six percent per annum after thei…
Colo. Rev. Stat. § 37-43-147 Sale of bonds
1.0K chars
In case of the sale of said refunding bonds or any portion thereof for cash, the same procedure shall be followed as in case of the sale of an original issue of bonds; but, if no bid of par or better is received at public sale, said bonds may be sold at private sale. No bond shal…
Colo. Rev. Stat. § 37-43-148 District treasurer to register bonds
1.1K chars
At the time of the issue by exchange or sale of refunding bonds authorized under the provisions of sections 37-43-144 to 37-43-151, each bond shall be registered by the district treasurer in a book to be kept by the district treasurer for this purpose. Coupons evidencing unearned…
Colo. Rev. Stat. § 37-43-149 Collection of taxes
1.6K chars
Taxes for the payment of interest and principal of said refunding bonds shall be levied and thereafter collected in the same manner as provided by law for the levy and collection of taxes for the payment of interest and principal of an original issue of irrigation district bonds.…
Colo. Rev. Stat. § 37-43-150 Validity of bonds examined
0.3K chars
The validity of refunding bonds issued pursuant to sections 37-43-144 to 37-43-151 may be judicially examined, approved, and confirmed in the same manner as an original issue of bonds of such district. Source: L. 35: p. 676, � 7. CSA: C. 90, � 527. CRS 53: � 149-3-49. C.R.S. 1963…
Colo. Rev. Stat. § 37-43-151 Relief of lands from burden of refunded indebtedness
1.5K chars
At any refunding bond election held under the provisions of sections 37-43-144 to 37-43-151, the board of directors may submit to the voters of the district the question of giving landowners the privilege of relieving their lands from the lien of taxes or assessments to be levied…
Colo. Rev. Stat. § 37-43-152 Board may contract with United States
0.5K chars
The board of directors of any irrigation or drainage district, organized under the laws of the state of Colorado, in its discretion, whenever it is determined by such board to be for the best interests of any such district, may contract with the United States or any governmental …
Colo. Rev. Stat. § 37-43-153 Provisions of contract
1.1K chars
Such contract and the proceedings taken by any such district pursuant thereto and in connection with the authorization and issue of refunding bonds, in case the indebtedness of such district is reduced by the issuance of such refunding bonds, may include provisions whereby the bo…
Colo. Rev. Stat. § 37-43-154 Prior contracts validated
0.4K chars
Contracts entered into prior to April 10, 1935, between irrigation and drainage districts and the United States or any agency thereof, for any of the purposes stated in section 37-43-152, and all proceedings taken pursuant thereto for the creation of reserve funds are hereby rati…
Colo. Rev. Stat. § 37-43-155 Powers cumulative
0.4K chars
The powers conferred in sections 37-43-152 to 37-43-154 upon the board of directors of any irrigation or drainage district organized as provided in section 37-43-152 are cumulative in character and are in addition to all powers possessed by any such board under the laws of the st…
Colo. Rev. Stat. § 37-43-156 Irrigation districts may dissolve
0.3K chars
Any irrigation district organized under the laws of the state of Colorado may be dissolved in the manner provided in sections 37-43-156 to 37-43-166. Source: L. 15: p. 307, � 1. C.L. � 2035. CSA: C. 90, � 533. CRS 53: � 149-3-55. C.R.S. 1963: � 150-3-55.
Colo. Rev. Stat. § 37-43-157 Petition - where filed - contents
1.5K chars
A majority of the legally qualified electors of any irrigation district, or the holders of the legal title to a majority of the whole acreage of said district, or seventy-five percent or more in amount of the holders of the bonds issued by said irrigation district may propose the…
Colo. Rev. Stat. § 37-43-158 Dissolution - special election
2.3K chars
(1) Upon the filing of said petition with the board of directors of said district, the board shall call a special election, at which shall be submitted to the qualified electors of such district the question whether or not said district shall be dissolved, its indebtedness liquid…
Colo. Rev. Stat. § 37-43-159 Determination of validity of dissolution
3.2K chars
(1) In case, upon the canvass of the 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 Dissolution of the District - Yes, then the board of directors shall file a petition in th…
Colo. Rev. Stat. § 37-43-160 Contents of petition - procedure - costs
1.1K chars
Such petition to the district court shall set forth the facts required to be set forth in the petition to the board of directors and all the proceedings had thereunder, and at the hearing the court shall hear and determine the regularity, legality, and correctness of all proceedi…
Colo. Rev. Stat. § 37-43-161 Elector may bring action
0.7K chars
If no such proceeding has 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 board …
Colo. Rev. Stat. § 37-43-162 May organize corporation to acquire assets
0.6K chars
A corporation may be organized under general laws for the purpose of acquiring the assets of said district, including the irrigation system, if any, dams, reservoirs, canals, franchises, water rights, and all other property of any nature belonging to said district, which corporat…
Colo. Rev. Stat. § 37-43-163 Decree of court
2.9K chars
(1) The court in its decree shall have power to make the orders necessary to carry out said proposition or plan for the liquidation of the indebtedness and distribution of the property of said district, including the right to apportion any indebtedness found due, and to declare s…
Colo. Rev. Stat. § 37-43-164 Apportionment of indebtedness
1.4K chars
In any such proceeding for the dissolution of any irrigation district, the district court also has power, subject to such terms and conditions as it may deem just and equitable under the circumstances, to apportion the bonded indebtedness of the district among the various tracts …
Colo. Rev. Stat. § 37-43-165 Plan must provide for adequate levies
1.4K chars
No plan of liquidation shall be approved by the court which does not provide for the making of all levies required by the laws of the state of Colorado for the payment of all valid indebtedness of the district. In the petition mentioned in section 37-43-157, it shall not be neces…
Colo. Rev. Stat. § 37-43-166 Foreclosure subject to prior taxes
0.9K chars
In case the court decrees the establishment of a lien against any portion of the lands in said district, or against any of the property of said district, the decree shall provide for the foreclosure of such liens upon the failure to make any payments for which said liens are give…
Colo. Rev. Stat. § 37-43-167 Disposition of surplus
0.5K chars
Whenever all the property of such irrigation district has been disposed of, and all indebtedness and obligations thereof, if any, have been discharged, the balance of the money of said district shall be distributed to the assessment payers in said district as named in the last as…
Colo. Rev. Stat. § 37-43-168 Procedure where district is solvent
1.1K chars
Irrigation districts which are free from debt may be dissolved under sections 37-43-156 to 37-43-168. In such cases, it shall not be necessary that the proceedings for the dissolution of said district shall be passed upon by the district court, as prescribed in section 37-43-159,…
Colo. Rev. Stat. § 37-43-169 Dissolution of inactive irrigation districts
1.1K chars
Whenever, for a period of five successive years, any irrigation district organized under the laws of the state of Colorado has failed to transact any business for which such district was organized, or its board of directors has failed to hold a meeting for the purpose of transact…
Colo. Rev. Stat. § 37-43-170 Petition for payment of indebtedness
0.9K chars
The president, secretary, any officer or director, any legally qualified elector of such district, or any holder of outstanding bonds of said district may file, in the district court of the county wherein is located the principal office of such irrigation district or of the count…
Colo. Rev. Stat. § 37-43-171 Jurisdiction - order for hearing
0.9K chars
Upon the filing of such petition, the district court shall be vested with jurisdiction of the subject matter and shall forthwith ascertain from testimony or other evidence, as nearly as may be, the names and addresses of all the creditors and bondholders, or their counsel or repr…
Colo. Rev. Stat. § 37-43-172 Notice of hearing
1.2K chars
Immediately upon the making of such order by said district court, the clerk of such court shall issue a notice of such order, in the nature of a summons, under his hand and the seal of such court, notifying all persons included within such order of the contents thereof, which not…
Colo. Rev. Stat. § 37-43-173 Notice - how addressed
0.4K chars
Neither such notice nor such order shall be addressed to any person by name, but it shall be sufficient if it is addressed to any and all owners of land in such irrigation district, to the legal holders of any claims of indebtedness against said district, and to all persons inter…
Colo. Rev. Stat. § 37-43-174 Completion of service
0.8K chars
Service of such published or posted notice shall be deemed complete at the expiration of ten days after the last publication or posting and mailing thereof. At the expiration of the time required by such order to show cause, and not less than twenty days after the service of such…
Colo. Rev. Stat. § 37-43-175 Answer or contest - default
0.8K chars
Within the time required by such order to show cause, any person interested in the subject matter of such petition, including any owner of lands in said irrigation district or the holder of any of its indebtedness whether bonded or otherwise, may appear and move to dismiss, plead…
Colo. Rev. Stat. § 37-43-176 Proceedings in rem - accounting
3.3K chars
(1) All proceedings upon such petition shall be considered as in the nature of proceedings in rem, and the court has power to make any proper orders affecting the rights of all parties interested therein, and may order all of the corporate property of said irrigation district to …
Colo. Rev. Stat. § 37-43-177 Indebtedness of inactive districts
7.1K chars
(1) In addition to the methods provided in sections 37-43-169 to 37-43-178, the following method of providing for the naming of directors and ascertaining and providing for the payment and discharge of the indebtedness of inactive or abandoned irrigation districts may be followed…
Colo. Rev. Stat. § 37-43-178 Appeals
0.7K chars
Appellate review as provided by law and the Colorado appellate rules shall lie to review the orders, judgments, or decrees of the district court entered in either of the proceedings provided in sections 37-43-169 to 37-43-178, and the supreme court shall advance such cases upon i…