Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-43-179 Dissolution - where bondholders are unknown
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Any irrigation district organized under the laws of the state of Colorado in which bonds have been issued and in which said bonds were not registered as required by law, and the whereabouts of the bondholders is unknown, and more than twenty years has elapsed since the maturity d…
Colo. Rev. Stat. § 37-43-180 Petitions for dissolution
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Any person who is the owner of real property situated in said district sought to be dissolved may file a verified petition in the district court of the county wherein is located the principal office of such irrigation district or of the county wherein lies the greater portion of …
Colo. Rev. Stat. § 37-43-181 Notice of hearing
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(1) After the filing of said petition, the court shall thereupon enter an order fixing a day certain for the hearing of said petition, said date not to be less than forty-five days from the date on which said petition was filed. Immediately upon making such order by the district …
Colo. Rev. Stat. § 37-43-182 Disposition of unpaid funds
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If, at the time of the entry of the order of dissolution, there remains in the funds of any county treasurer any moneys for the redemption of said bonds, the court shall require, by its proper order, said county treasurer to disburse said funds to any persons who present bonds fo…
Colo. Rev. Stat. § 37-43-183 Application
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(1) Before July 1, 2024, the provisions of sections 37-43-183 to 37-43-189 shall apply only to irrigation districts having a bonded indebtedness of twenty dollars or more per acre and to lands in such described irrigation districts upon which the general property taxes have been …
Colo. Rev. Stat. § 37-43-184 Treasurer to strike off lands to county - repeal. (Repealed)
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Source: L. 33: p. 646, � 1. CSA: C. 90, � 557. CRS 53: � 149-3-83. C.R.S. 1963: � 150-3-83. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 806, � 14, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-185 Redemption - repeal. (Repealed)
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Source: L. 33: p. 647, � 2. CSA: C. 90, � 558. CRS 53: � 149-3-84. C.R.S. 1963: � 150-3-84. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 807, � 15, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-186 Lands offered for sale - when - repeal. (Repealed)
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Source: L. 33: p. 647, � 3. CSA: C. 90, � 559. CRS 53: � 149-3-85. C.R.S. 1963: � 150-3-85. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 807, � 16, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-187 When county entitled to tax deed - repeal. (Repealed)
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Source: L. 33: p. 648, � 4. CSA: C. 90, � 560. CRS 53: � 149-3-86. C.R.S. 1963: � 150-3-86. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 807, � 17, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-188 County may sell by quitclaim deed - repeal. (Repealed)
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Source: L. 33: p. 648, � 5. CSA: C. 90, � 561. CRS 53: � 149-3-87. C.R.S. 1963: � 150-3-87. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 807, � 18, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, se…
Colo. Rev. Stat. § 37-43-201 Short title
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This part 2 shall be known and may be cited as the Irrigation District Salinity Control Act. Source: L. 88: Entire part added, p. 1227, � 1, effective April 6.
Colo. Rev. Stat. § 37-43-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Contracting district means an irrigation district which has entered into a salinity control contract. (2) Irrigation district means an irrigation district formed pursuant to the provisions of article 41 or 42 of t…
Colo. Rev. Stat. § 37-43-203 Applicability - exercise of authority
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The provisions of this part 2 shall apply only to irrigation districts formed prior to January 1, 1988. The powers and authority conferred by this part 2 may be exercised only within the boundaries of such an irrigation district, as such boundaries existed on January 1, 1988. Sou…
Colo. Rev. Stat. § 37-43-204 Irrigation district - authority to contract
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Subject to authorization by a vote of the electors as provided in section 37-43-211, an irrigation district formed prior to January 1, 1988, shall have and may exercise all rights and powers necessary or incidental to enter into, implement, and perform a salinity control contract…
Colo. Rev. Stat. § 37-43-205 Special assessment
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(1) (a) To the extent that the expenses of the operation and the maintenance of salinity control laterals are in excess of annual reimbursements payable to a contracting district by the United States under a salinity control contract, the contracting district may levy special ass…
Colo. Rev. Stat. § 37-43-206 Authority to obtain loans to defray expenses
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Upon authorization of its board of directors, a contracting district shall have the authority to obtain loans, upon such terms and granting such security for repayment thereof as the board deems proper, to defray the annual expenses of operation and maintenance required to perfor…
Colo. Rev. Stat. § 37-43-207 Power of eminent domain
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In order to carry out the purposes of this part 2, a contracting district shall have the power of eminent domain to acquire, within the boundaries of the district, existing lateral ditches, pipelines, and appurtenances thereto and interests therein, easements, rights-of-way, and …
Colo. Rev. Stat. § 37-43-208 Contracts - reimbursement by United States
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If payments required under contracts made by a contracting district for construction, improvement, operation, or maintenance of facilities, or for supplying of materials or services, in implementation of a salinity control contract are to be paid for or reimbursed by the United S…
Colo. Rev. Stat. § 37-43-209 Submission of plans to state engineer - not required
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(1) Notwithstanding the provisions of section 37-41-104 (1), a contracting district shall not be required to submit to the state engineer: (a) Plans for the construction, operation, or maintenance of salinity control laterals; or (b) Information concerning such salinity control l…
Colo. Rev. Stat. § 37-43-210 Compensation of director of contracting district
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Amounts paid to a director of a contracting district for services rendered pursuant to a salinity control contract shall be excluded from and not considered to be a part of compensation subject to the limitations imposed by section 37-41-108 or 37-42-110 (3). Source: L. 88: Entir…
Colo. Rev. Stat. § 37-43-211 Creation of contracting district - election
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An irrigation district proposing to become a contracting district shall submit the question of whether to become a contracting district at a special election called for that purpose. Copies of the contract proposed to be entered into shall be maintained at the office of the distr…
Colo. Rev. Stat. § 37-44-101 Liberal construction
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This article, being necessary to secure and preserve the public health, safety, convenience, and welfare, and being necessary for the security of public and private property, shall be liberally construed to effect the purposes of this article. Source: L. 23: p. 519, � 48. CSA: C.…
Colo. Rev. Stat. § 37-44-102 Petition - establishment of an internal improvement district
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(1) For the purpose of the establishment of an internal improvement district, as provided for by this article, a petition shall be filed in the office of the clerk of the district court of the county which embraces the largest acreage of the proposed district, which district cour…
Colo. Rev. Stat. § 37-44-103 Powers of district
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(1) Any district organized under this article has the power, whenever necessary or expedient to promote the object of the district: (a) To provide for the drainage of lands whether lying within or without the boundaries of such district; (b) To acquire by condemnation or otherwis…
Colo. Rev. Stat. § 37-44-104 Presentation and allowance of petitions
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(1) (a) When such petition is presented and it appears that the notice of presentation of said petition has been given, as required by section 37-44-102, and that said petition has been signed by the requisite number of petitioners, the district court in which said petition is pr…
Colo. Rev. Stat. § 37-44-105 Notice of election - voters - ballots
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(1) The clerk of the district court of the county where said petition was presented shall thereupon cause a notice embodying said orders in substance, signed by the clerk of the said district court, to be issued, given, and published, giving notice of said election and the time a…
Colo. Rev. Stat. § 37-44-106 Canvass of votes
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The district judge, within ten days after the returns of said election have been filed with the clerk of said district court by the judges of election in the various precincts of said district, shall proceed to canvass the returns of the votes cast thereat and if it is proven to …
Colo. Rev. Stat. § 37-44-107 Plans for improvements
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Upon qualification, the board of directors shall prepare, or cause to be prepared, a plan for the improvements for which the district was created. Such plan shall include such maps, profiles, plans, other data and descriptions as may be necessary to give the proper location and c…
Colo. Rev. Stat. § 37-44-108 Directors - powers and duties
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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 and a district treasurer. The board has power, and it is its duty, to adopt a seal; manage and conduct the affairs and business of the district; make …
Colo. Rev. Stat. § 37-44-109 Meetings of board - records
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The board of directors shall hold a regular quarterly meeting in its office on the first Tuesday after the first Monday 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 b…
Colo. Rev. Stat. § 37-44-110 Title - tax exemption
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The title to all property acquired under the provisions of this article, immediately and by operation of law, shall vest in such internal improvement district in its corporate name, and shall be held by such district in trust and is hereby dedicated and set apart for the uses and…
Colo. Rev. Stat. § 37-44-111 Conveyances - power to sue
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The board is hereby empowered to take conveyances or assurances for all property acquired by it under the provisions of this article and, in the name of such internal improvement district to and for the purposes expressed in this article, to institute and maintain any action or p…
Colo. Rev. Stat. § 37-44-112 Bonds
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(1) For the purpose of constructing, purchasing, or acquiring necessary reservoir sites, reservoirs, canals, ditches, and works and acquiring the necessary property rights therefor, for the purpose of paying an amount not to exceed the first five years' interest on the bonds auth…
Colo. Rev. Stat. § 37-44-113 Sale of bonds
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(1) The board may sell bonds so issued from time to time in such quantities as necessary and most advantageous to raise the money for the construction of reservoirs or canals, or the purchase of reservoir sites, reservoirs, water rights and works, and otherwise to carry out the o…
Colo. Rev. Stat. § 37-44-114 Classification of lands
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(1) As soon as the plans for the development of storage water and flood protection have been determined and before the actual work thereon is begun or bonds voted, the board of directors shall proceed to make special assessments for benefits by classifying the lands in the distri…
Colo. Rev. Stat. § 37-44-115 Objections to classifications
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At the time of said meeting, the board of directors shall hear any objections made by any interested person, and, if satisfied that any injustice has been done in the classification of the tracts of land, it shall correct the same in accordance with what is right, but, if not so …
Colo. Rev. Stat. § 37-44-116 Conduct of appeals
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Appeals taken to the district court under the provisions of section 37-44-115 may be heard at any term thereof at such time as may be fixed by the court, and the cost of such appeal at the discretion of the court may be divided between the internal improvement district and the ow…
Colo. Rev. Stat. § 37-44-117 Appeal not to delay
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The taking of an appeal by any person as provided in section 37-44-115 shall not operate to delay the collection of any assessment from which no appeal has been taken or to delay the progress of the work or the issuing of any bonds. Source: L. 23: p. 505, � 15. CSA: C. 138, � 31.…
Colo. Rev. Stat. § 37-44-118 Modification of classification
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The board of directors shall modify such classification so that the same conforms to the changes made therein in the hearings before said board, and the secretary of the district shall certify and file said classification of property of the district so modified, properly tabulate…
Colo. Rev. Stat. § 37-44-119 Apportionment of levy
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(1) On or before July 1 in each year, the board of directors shall determine the amount of money required to meet the current expenses of the district for the coming year, including the cost of construction, maintenance, including maintenance of drainage works, operating expenses…
Colo. Rev. Stat. § 37-44-120 Assessment
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The assessment list shall be completed on or before July 15, and, on the first Tuesday in August in each year and from day to day thereafter, Sundays excepted, the board of directors shall sit to hear complaints and to correct errors in such assessments until all complaints filed…
Colo. Rev. Stat. § 37-44-121 Assessment list - collection
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On or before September 1 in each year, the secretary shall transmit to the county assessor of each county in which said district is located, a certified copy of so much of said assessment book as relates to land within said county together with a certified copy of the order of th…
Colo. Rev. Stat. § 37-44-122 Assessment book
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The secretary of the board of directors shall deliver the assessment book duly certified together with a copy of the order of the board of directors, levying said assessment, to the district treasurer of said internal improvement district. Source: L. 23: p. 507, � 20. CSA: C. 138…
Colo. Rev. Stat. § 37-44-123 Assessments affect land benefited
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All districts organized under authority of this article shall be special or local improvement districts. The assessments levied by, for, or on behalf of any such district shall be local or special improvement assessments. Such assessments shall be determined and levied according …
Colo. Rev. Stat. § 37-44-124 District treasurer
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(1) (a) The district treasurer shall be liable upon the district treasurer's official bond and to indictment and criminal prosecution for malfeasance, misfeasance, or failure to perform any duty prescribed in this article 44 as district treasurer. The district treasurer may colle…
Colo. Rev. Stat. § 37-44-125 Where office of district kept
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The office of the district shall be kept at such place as the board of directors may designate in the county where the petition for the formation of said district was originally filed. Source: L. 23: p. 509, � 23. CSA: C. 138, � 39. CRS 53: � 149-5-23. C.R.S. 1963: � 150-4-23.
Colo. Rev. Stat. § 37-44-126 Election of officers - oath or affirmation - bond
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(1) The regular election of the district for the purpose of electing a board of directors shall be held on the first Monday after the first Tuesday in December of each year, at which time one director shall be elected for a term of five years; except that, at the first election h…
Colo. Rev. Stat. § 37-44-127 Notices of election of officers
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Fifteen days prior to any election held under the provisions of this article and after the organization of an internal improvement district, the secretary shall cause notices specifying the polling place of each precinct to be posted in three public places in each precinct, givin…
Colo. Rev. Stat. § 37-44-128 Judges and clerk of election
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Prior to the time for posting said notices, the board of directors shall appoint three judges of election in each precinct, each of whom shall be a landowner within said precinct, and one of whom shall act as clerk of the election. Source: L. 23: p. 511, � 26. CSA: C. 138, � 42. …
Colo. Rev. Stat. § 37-44-129 Voters to appoint judges if necessary
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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 supply the places of those absent. Source:…