Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-5-103 Power to borrow money for the preliminary fund
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In order to facilitate the preliminary work, the board of directors may borrow money at a net effective interest rate as determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidences of debt, in …
Colo. Rev. Stat. § 37-5-104 Construction fund
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(1) After the list of property, with the appraised benefits as approved by the court or that part thereof from which no appeal is pending, has been filed with the secretary of the district, then from time to time, as the affairs of the district may demand, the board of directors …
Colo. Rev. Stat. § 37-5-104.5 Determination of special benefits - factors considered
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(1) The term benefit, for the purposes of assessing a particular property within a conservancy district particularly with respect to regulating streamflow to control floods, includes, but is not limited to, the following: (a) Any increase in the market value of the property; (b) …
Colo. Rev. Stat. § 37-5-105 Payment of assessments
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(1) When the construction fund assessment record is placed on file in the office of the district, notice by publication shall be given to property owners that they may pay their assessments. Any owners of real property assessed for the execution of the official plan under the pro…
Colo. Rev. Stat. § 37-5-106 Conservancy bonds
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(1) The board of directors may, if in its judgment it seems best, issue conservancy bonds (Schedule Form IV) in an amount not to exceed ninety percent of the total amount of the construction fund assessment, exclusive of interest, levied under the provisions of articles 1 to 8 of…
Colo. Rev. Stat. § 37-5-107 Maintenance fund
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(1) To maintain, operate, and preserve the improvements made pursuant to articles 1 to 8 of this title, and to strengthen, repair, and restore the same when needed, and for the purpose of defraying the current expenses of the district, the board of directors may, upon the substan…
Colo. Rev. Stat. § 37-5-108 Power to borrow money for the maintenance fund
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In anticipation of the collection of maintenance assessments, the board of directors may borrow money at a net effective interest rate determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidence…
Colo. Rev. Stat. § 37-5-109 Readjustment of maintenance fund assessments
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(1) Whenever the owners or representatives of twenty-five percent or more of the acreage or value of the lands in the district file a petition in the court in which the original petition was filed, stating that there has been a material change in the values of the property in the…
Colo. Rev. Stat. § 37-5-110 Levies
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(1) After the expiration of the sixty-day period in which persons interested may pay the whole construction fund assessment, and each year thereafter if necessary to effectuate the provisions of this article, the board of directors shall determine, order, and levy the total asses…
Colo. Rev. Stat. § 37-5-112 Collection by civil action
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In addition to all other remedies for collection of assessments provided by this article, and cumulative therewith, the conservancy district may at any time after three years from the issuance of any certificate of purchase held by the district bring a civil action to foreclose t…
Colo. Rev. Stat. § 37-5-113 Bond of county treasurer
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Before receiving the assessment record, the treasurer of each county in which lands or other property of the district is located shall execute to the conservancy district a bond with at least two good and sufficient sureties, or a corporate surety company, the cost of which shall…
Colo. Rev. Stat. § 37-5-114 Lien of conservancy assessments
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All conservancy assessments provided for in articles 1 to 8 of this title, together with all interest thereon and all penalties for default in payment of the same and all costs in collecting the same, shall, from the date of filing the certificate of the preliminary fund assessme…
Colo. Rev. Stat. § 37-5-115 Assessment records prima facie evidence
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The record of assessments contained in the respective assessment records of the district shall be prima facie evidence in all courts of all matters therein contained. Source: L. 22: p. 61, � 53. C.L. � 9567. CSA: C. 138, � 178. CRS 53: � 30-5-15. C.R.S. 1963: � 29-5-15.
Colo. Rev. Stat. § 37-5-116 Remedy for defective assessments
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If any assessment made under the provisions of articles 1 to 8 of this title proves invalid, the board of directors shall, by subsequent or amended acts or proceedings, promptly and without delay remedy all defects or irregularities, as the case may require, by making and providi…
Colo. Rev. Stat. § 37-5-117 Duties of officers of public corporations as to assessments
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(1) Whenever, under the provisions of articles 1 to 8 of this title, an assessment is levied against a public corporation, as defined in said articles, and is finally determined, it is the duty of the governing or taxing body of such public corporation immediately to take all the…
Colo. Rev. Stat. § 37-5-118 Penalty for failure of treasurer to pay over tax
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If any county treasurer or other person entrusted with the collection of any assessment made under the provisions of articles 1 to 8 of this title refuses, fails, or neglects to make prompt payment of the assessments, or any part thereof, collected under said articles to the trea…
Colo. Rev. Stat. § 37-5-119 Surplus funds and annual reports
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(1) Any surplus funds in the treasury of the district may be used for retiring bonds, reducing the rate of assessment, or for accomplishing any other of the legitimate objects of the district. (2) At least once a year, or oftener if the court orders, the board of directors shall …
Colo. Rev. Stat. § 37-5-120 Compensation of officials
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(1) Each member of the board of directors shall receive for attendance at each meeting a sum fixed by order of the court and shall receive such sum per day and his necessary expenses for the time actually employed in the performance of his duties. (2) When the interests of the di…
Colo. Rev. Stat. § 37-6-101 Lands in more than one district
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(1) The same land may be included in more than one district and be subject to the provisions of articles 1 to 8 of this title for each district in which it may be included; but no district shall be organized under articles 1 to 8 of this title in whole or in part within the terri…
Colo. Rev. Stat. § 37-6-102 Union of districts
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(1) In case two or more districts have been organized under articles 1 to 8 of this title in a territory which, in the opinion of the directors of each of the districts, should constitute but one district, the board of directors of the districts may petition the court for an orde…
Colo. Rev. Stat. § 37-6-103 Subdistricts
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(1) Whenever it is desired to construct improvements wholly within or partly within and partly without any district organized under articles 1 to 8 of this title, which improvements will affect only a part of said district, for the purpose of accomplishing such work, subdistricts…
Colo. Rev. Stat. § 37-6-104 Remedy for injury by a district
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(1) In case any person or public corporation, within or without any district organized under articles 1 to 8 of this title, may be injuriously affected with respect to property rights in any manner whatsoever by any act performed by any official or agent of such district, or by t…
Colo. Rev. Stat. § 37-7-101 District protection
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The board of directors has the right to police and protect the works of the district, to prevent persons, vehicles, or livestock from passing over the works of the district, and to prevent the doing of any act which would result in damage thereto. Source: L. 22: p. 69, � 63. C.L.…
Colo. Rev. Stat. § 37-7-102 Injury to survey marks - penalty
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The willful destruction, injury, or removal of any bench marks, witness marks, stakes, or other reference marks, placed by the surveyors or engineers of the district or by contractors in constructing the works of the district, is a misdemeanor, punishable by a fine of not more th…
Colo. Rev. Stat. § 37-7-103 Liability for damages - penalty - jurisdiction
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(1) All persons and corporations, public or private, shall be liable for damages done to works of the district by themselves, their agents, or their employees or by their livestock. Any person guilty of willful damage is guilty of a misdemeanor and, upon conviction thereof, shall…
Colo. Rev. Stat. § 37-7-104 Penalty for fraud
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The making of profit, directly or indirectly, by any officer of any district organized under articles 1 to 8 of this title or by any other public officer within the state out of any contracts entered into by the district or the use of any money belonging to the district by loanin…
Colo. Rev. Stat. § 37-8-101 Forms
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The following forms illustrate the character of the procedure contemplated by articles 1 to 8 of this title and, if substantially complied with, with changes to meet particular requirements, shall be held to meet requirements of articles 1 to 8 of this title: FORM I. Notice of He…
Colo. Rev. Stat. § 37-20-101 Legislative declaration
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It is declared by the general assembly that the reclamation by drainage of lands not at present cultivatable or useful or fully so will be conducive to the public health, convenience, utility, or welfare. The owners of agricultural lands susceptible of drainage by the same genera…
Colo. Rev. Stat. § 37-20-102 Petition - maps - committee
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(1) The petition may be in more than one part for convenience in obtaining signatures if each part is the same in substance. When the several parts of said petition, with the signatures thereto attached, are together presented to the board of county commissioners, they shall be c…
Colo. Rev. Stat. § 37-20-103 Petition accompanied by bond
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The petition shall be accompanied by a good and sufficient bond with sureties to be approved by the said board of county commissioners in a penal sum double the amount of the probable cost of organizing said district, conditioned for the payment of all costs incurred in said proc…
Colo. Rev. Stat. § 37-20-104 Cash in lieu of bond
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In lieu of a bond the board of county commissioners, in its discretion, may require the petitioners to pay in advance to the county treasurer from time to time such sums of money as in the opinion of the board of county commissioners will be required for the costs and expenses of…
Colo. Rev. Stat. § 37-20-105 Expenses reimbursed - when
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In case the district is organized, the expenses incurred by the county shall be paid to the county by said district, and all advances made by the petitioners to the county treasurer shall be refunded by the county to the petitioners, who shall have advanced the same. Source: L. 1…
Colo. Rev. Stat. § 37-20-106 Petition - notice - publication
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Prior to the presentation of the petition to the board of county commissioners, the petition shall be published in some newspaper of general circulation in the county where said petition will be presented, for at least two weeks, together with a notice signed by the committee sel…
Colo. Rev. Stat. § 37-20-107 Hearing of petition
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At the time and place designated in the notice, if it appears that the notice of presentation of the petition has been given as required by section 37-20-106 and that said petition has been signed by the number of petitioners required by section 37-20-102, the board of county com…
Colo. Rev. Stat. § 37-20-108 Change boundaries - limitations
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The board of county commissioners may make such changes in the boundaries of the proposed district as may be necessary by including therein upon the application of the owners thereof of other lands susceptible of drainage by the proposed system, or which will be benefited by the …
Colo. Rev. Stat. § 37-20-109 Order establishing district
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When the boundaries of any proposed drainage district have been determined, the board of county commissioners shall make an order allowing the prayer of the petition, defining and establishing the boundaries and designating the name of the proposed district. Source: L. 11: p. 314…
Colo. Rev. Stat. § 37-20-110 Establishment without election
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When the prayer of the petition is that a drainage system be established without holding an election and it appears that a large portion of the land which will be benefited by the proposed drainage system is unoccupied land or so many of the owners of land to be benefited thereby…
Colo. Rev. Stat. § 37-20-111 Election - notice - contents
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(1) When the petition prays that an election shall be held, the board of county commissioners shall order an election to be held within the proposed drainage district for the purpose of determining whether or not said district shall be organized and shall cause to be published a …
Colo. Rev. Stat. § 37-20-112 Three directors - representation
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There shall be elected three directors who shall be owners of land within said district; but the board of county commissioners may divide and if requested in said petition shall divide said district into three divisions, as nearly equal as conveniently may be, which shall be numb…
Colo. Rev. Stat. § 37-20-113 Polling place - precincts
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The board of county commissioners shall designate a polling place within said district and, if necessary, shall establish a convenient number of election precincts within said district, define the boundaries thereof, and designate the polling place in each precinct. Source: L. 11…
Colo. Rev. Stat. § 37-20-114 Judges of election
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The board of county commissioners shall appoint for each precinct, from the qualified electors who are owners of lands therein, three judges of election who shall exercise the powers and duties usually performed by judges of election in this state. Source: L. 11: p. 315, � 14. C.…
Colo. Rev. Stat. § 37-20-115 Publication of election notice
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The notice shall be published at least two weeks preceding the election in a newspaper of general circulation within the county; and a like notice shall be published in each county within which any portion of the district may lie. Source: L. 11: p. 315, � 15. C.L. � 2121. CSA: C.…
Colo. Rev. Stat. § 37-20-116 Qualification of voters
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Every owner of land within said district, who is a citizen of the United States or has declared his intention to become a citizen of the United States and is a resident of the state of Colorado, shall be entitled to vote at such election in the precinct where he resides, or if a …
Colo. Rev. Stat. § 37-20-117 Canvass of votes - result
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The board of county commissioners shall meet on the second Monday following the election and proceed to canvass the votes cast thereat. If it appears that a majority of the votes cast are Drainage District - Yes, the board of county commissioners shall make an order declaring tha…
Colo. Rev. Stat. § 37-20-118 Order filed with county clerk and recorder
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The board of county commissioners shall cause a certified copy of the order, together with a copy of the plat of the district, to be filed with the county clerk and recorder of each county in which any portion of the district lies, and thereafter no land within the district shall…
Colo. Rev. Stat. § 37-20-119 Officers to qualify
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On and after the date of such filing, the organization of said district shall be complete, and the officers thereof shall forthwith enter upon the duties of their respective offices, upon qualifying according to law, and shall hold their respective offices until their successors …
Colo. Rev. Stat. § 37-20-120 Validity of organization
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No action shall be brought or maintained or defense made affecting the validity of the organization of said district, unless the same has been commenced or made within one year after the entry of said order. Source: L. 11: p. 316, � 20. C.L. � 2126. CSA: C. 57, � 20. CRS 53: � 47…
Colo. Rev. Stat. § 37-20-121 Actions - judicial notice - validity
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In all actions, suits, and judicial proceedings in any court of this state, the court shall take judicial notice of the organization and existence of any drainage district of this state, from and after the filing for record in the office of the county clerk and recorder of the ce…
Colo. Rev. Stat. § 37-21-101 Directors to exercise powers
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The board of directors is vested with all powers necessary to accomplish the purposes for which the district was organized, including the power to optimize drainage and recharge of water within the district. No enumeration of particular powers granted shall be construed to impair…
Colo. Rev. Stat. § 37-21-102 Meetings of directors
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The board of directors shall hold a regular meeting in the office of the drainage district on the first Tuesday in January, April, July, and October and such special meetings as may be required for the proper transaction of business. Special meetings shall be called by the presid…