Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-44-130 Administration of oath
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Any judge or clerk of election may administer and certify oaths required to be administered during the progress of an election. Before opening the polls each judge and clerk shall take and subscribe an oath to faithfully perform the duties imposed upon him by law. Any qualified e…
Colo. Rev. Stat. § 37-44-131 Hours polls open
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The polls shall be open at 8 a.m. and be kept open until 6 p.m. of the day of election. Source: L. 23: p. 511, � 29. CSA: C. 138, � 45. CRS 53: � 149-5-29. C.R.S. 1963: � 150-4-29.
Colo. Rev. Stat. § 37-44-132 Count of ballots - certificate of returns
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After closing the polls the judges of election shall forthwith proceed to count the ballots and make returns of the results of the election. It is the duty of the clerk forthwith to deliver the returns duly certified to the board of directors of the internal improvement district,…
Colo. Rev. Stat. § 37-44-133 Canvass of returns - result
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The board of directors shall meet at the office of the internal improvement district on the first Monday after an election and canvass the returns. If at the time of the meeting the returns have been received from all the precincts, the board of directors shall then proceed to ca…
Colo. Rev. Stat. § 37-44-134 Procedure in case of tie
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In the event that at any regular or special election two or more persons receive the same number of votes and one is elected thereby, the election shall be determined by lot under direction of the county judge of the county in which the office of the internal improvement district…
Colo. Rev. Stat. § 37-44-135 Certificate of election
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The secretary shall forthwith deliver to each person elected a certificate of election, signed by the secretary and authenticated with the seal of the internal improvement district. Source: L. 23: p. 512, � 33. CSA: C. 138, � 49. CRS 53: � 149-5-33. C.R.S. 1963: � 150-4-33.
Colo. Rev. Stat. § 37-44-136 Filling vacancy
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In case of vacancy in the board of directors, by death, removal, or inability from any cause to properly discharge the duties of a director, the board of county commissioners of the county where the office of said district is located shall appoint a director who shall hold his of…
Colo. Rev. Stat. § 37-44-137 Collection of assessments
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The revenue laws of this state for the assessment and collection of taxes on real estate for county purposes, except as modified by this article, shall be effective for the purposes of this article, including the enforcement of penalties and forfeitures for delinquent taxes. Sour…
Colo. Rev. Stat. § 37-44-138 Construction contract - bond
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After adopting a plan for the construction of reservoirs and works for the protection of life and property and to furnish water for the irrigation of the territory embraced within the boundaries of the internal improvement district, or to drain lands within or without the boundar…
Colo. Rev. Stat. § 37-44-139 Claims - audit - payment
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Except with respect to claims coming within the provisions of article 10 of title 24, C.R.S., no claim shall be paid by the district treasurer until the same is allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants…
Colo. Rev. Stat. § 37-44-140 Expenses of organization
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For the purpose of defraying the expenses of the organization of the district, and the repair, operation, management, and improvement of all reservoirs, inlet works, outlet works, drainage works, canals, and works for the protection of life and property from floods, washing, and …
Colo. Rev. Stat. § 37-44-141 Works may cross other lands
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The board of directors has the dominant power to construct said works across any stream of water, watercourses, street, avenue, highway, railway, canal, ditch, or flume which intersects or crosses the area covered by such works or reservoir site, and, if said board and such railr…
Colo. Rev. Stat. § 37-44-142 Officers' compensation
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The directors shall receive a salary at the rate of four dollars per day while attending meetings and for each day necessarily spent in attending to the business of the district and their actual and necessary expenses while engaged in official business. The salary of the secretar…
Colo. Rev. Stat. § 37-44-143 Limit of indebtedness
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The board of directors, or other officers of the district, shall have no power to incur any debt or liability, either by issuing bonds or otherwise, in excess of the express provisions of this article, and any debt or liability incurred in excess of such express provisions shall …
Colo. Rev. Stat. § 37-44-144 Insufficient supply
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In case the volume of storage water from the reservoir or other works in any district shall not be sufficient to supply the continual wants of that portion of the district requiring reservoir water, then it is the duty of the board of directors to distribute all water available o…
Colo. Rev. Stat. § 37-44-145 Judicial action on bonds
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The board of directors of an internal improvement district organized under the provisions of this article may commence special proceedings, by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of the district, w…
Colo. Rev. Stat. § 37-44-146 Petition for confirmation
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The board of directors shall present to the district court in which the organization of the district was elected, a petition, praying, in effect, that the proceedings may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings…
Colo. Rev. Stat. § 37-44-147 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 each county into which …
Colo. Rev. Stat. § 37-44-148 Answer or pleading
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Any person interested in said district, or in the issue or sale of said bonds, may move to dismiss or to answer said petition. The Colorado rules of civil procedure respecting motions to dismiss and answer to a verified complaint shall be applicable to a motion to dismiss and ans…
Colo. Rev. Stat. § 37-44-149 Determination
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Upon the hearing of such special proceedings, 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 and shall have power and jurisdiction to examine and determine the legalit…
Colo. Rev. Stat. § 37-45-101 Short title
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This article shall be known and may be cited as the Water Conservancy Act. Source: L. 37: p. 1311, � 2. CSA: C. 173B, � 16. CRS 53: � 149-6-2. L. 61: p. 843, � 1. C.R.S. 1963: � 150-5-2.
Colo. Rev. Stat. § 37-45-102 Legislative declaration
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(1) It is hereby declared that to provide for the conservation of the water resources of the state of Colorado and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as defined in this article …
Colo. Rev. Stat. § 37-45-103 Definitions
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As used in this article 45, unless the context otherwise requires: (1) Acre-foot or acre-feet may be substituted by any other commonly used unit for the measurement of water when appropriate. (2) Board means the board of directors of the district. (3) Court means the district cou…
Colo. Rev. Stat. § 37-45-104 Name of district - bonds
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The districts created under this article may be termed water conservancy districts, and the bonds which may be issued under this article may be called water conservancy bonds, and such designation may be engraved or printed on their face. Source: L. 37: p. 1311, � 2. CSA: C. 173B…
Colo. Rev. Stat. § 37-45-105 Liberal construction
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This article, being necessary to secure and preserve the public health, safety, convenience, and welfare and for the security of public and private property, shall be liberally construed to effect the purposes of this article. Source: L. 37: p. 1358, � 39. CSA: C. 173B, � 53. CRS…
Colo. Rev. Stat. § 37-45-106 Constitutional construction clause
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If the courts of the state or of the United States declare any section, provision, paragraph, clause, sentence, or phrase, or part thereof, of this article invalid or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, or phrase, or pa…
Colo. Rev. Stat. § 37-45-107 Repeal - saving clause
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All acts or parts of acts conflicting in any way with any of the provisions of this article in regard to the improvements or improvement districts, or regulating or limiting the power of taxation or assessments, or otherwise interfering with the accomplishment of the purposes of …
Colo. Rev. Stat. § 37-45-108 Jurisdiction of district courts
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The district court sitting in and for any county in this state is hereby vested with jurisdiction when the conditions stated in section 37-45-109 are found to exist to establish water conservancy districts which may be entirely within or partly within and partly without the judic…
Colo. Rev. Stat. § 37-45-109 Petition
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(1) (a) Except as provided in subsection (2.5) of this section, before any water conservancy district is established under this article having a valuation for assessment of irrigated land, together with improvements thereon within the proposed district, of twenty million dollars …
Colo. Rev. Stat. § 37-45-110 Bond of petitioners
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At the time of filing the petition or at any time subsequent thereto and prior to the time of hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all expenses, including any expenses of an election, connected with the proceeding…
Colo. Rev. Stat. § 37-45-111 Notice of hearing on petition
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(1) Immediately after the filing of such petition, the court wherein such petition is filed, by order, shall fix a place and time, not less than sixty days nor more than ninety days after the petition is filed, for hearing thereon, and thereupon the clerk of said court shall caus…
Colo. Rev. Stat. § 37-45-112 Protests and hearings on petitions
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(1) (a) At any time after the filing of a petition for the organization of a conservancy district having a valuation for assessment of irrigated land within the proposed district, together with improvements thereon, of twenty million dollars or more, a petition protesting the cre…
Colo. Rev. Stat. § 37-45-113 Provisions for filing and recording decree of incorporation
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Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall transmit to the division of local government in the department of local affairs and to the county clerk and recorder in each of the counties having lands in said distr…
Colo. Rev. Stat. § 37-45-114 Appointment of board of directors
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(1) (a) Within thirty days after entering the decree incorporating said district, the court shall appoint a board of directors of the district with backgrounds reflecting the agricultural, municipal, industrial, and other interests in the beneficial use of water within the distri…
Colo. Rev. Stat. § 37-45-115 Organization of the board of directors
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(1) Each director shall take an oath or affirmation in accordance with section 24-12-101. (2) Upon taking the oath, the board shall choose one of its number chairman of the board and president of the district and shall elect some suitable person secretary of the board and of the …
Colo. Rev. Stat. § 37-45-116 Meetings and records
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(1) The meetings of the board of directors of a water conservancy district shall be subject to the requirements of part 4 of article 6 of title 24, C.R.S. (2) A majority of the directors shall constitute a quorum, and a concurrence of a majority of those in attendance, in any mat…
Colo. Rev. Stat. § 37-45-117 Employment of agents
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The secretary shall be custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal of the district, all certified copies …
Colo. Rev. Stat. § 37-45-118 General powers
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(1) The board has power on behalf of said district: (a) To have perpetual succession; (b) (I) (A) To take by appropriation, grant, purchase, bequest, devise, or lease, and to hold and enjoy water, waterworks, water rights, and sources of water supply, and any and all real and per…
Colo. Rev. Stat. § 37-45-119 Power to acquire rights-of-way
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Whenever, pursuant to this article, the electors of a water conservancy district have authorized a contract with the United States for construction and acquisition of works and water rights, which contract has obligated the district to acquire rights-of-way therefor to be conveye…
Colo. Rev. Stat. § 37-45-120 Subdistricts
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(1) Subdistricts may be organized upon the petition of the owners of real property, within or partly within and partly without the district, which petition shall fulfill the same requirements concerning the subdistricts as the petition outlined in section 37-45-109 is required to…
Colo. Rev. Stat. § 37-45-121 Classification of taxes and assessments - powers
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(1) In addition to the other means of providing revenue for such districts, the board has the power to levy and collect taxes and special assessments for maintaining and operating such works and paying the obligations and indebtedness of the district by any one or more of the met…
Colo. Rev. Stat. § 37-45-122 Levy and collection under class A
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(1) As to any district formed prior to April 22, 1957, to levy and collect taxes under class A, in each year, the board shall determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate…
Colo. Rev. Stat. § 37-45-123 Levy and collection under class B
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(1) (a) To levy and collect special assessments under class B, the board shall make an allotment of water or of capacity of specified works to each petitioning municipality in the district in the manner provided in this article and in such quantity as will in the judgment of the …
Colo. Rev. Stat. § 37-45-124 Levy and collection under class C
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(1) (a) To levy and collect special assessments upon lands under class C, the board shall make an allotment of water or of capacity of specified works to each of the petitioning public corporations, other than municipalities, within the district in the manner as provided in this …
Colo. Rev. Stat. § 37-45-125 Levy and collection under class D
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(1) To levy and collect special assessments upon lands under class D, the board shall make an allotment of water or of capacity of specified works to petitioning owners of lands in the district, upon which water may be beneficially used in the manner as provided in this article, …
Colo. Rev. Stat. § 37-45-126 Levies cover defaults and deficiencies
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The board, in making the annual assessments and levies, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts or the maturing of bonds and interest on all bonds and deficiencies and defaults of prior years and shall make ample provisi…
Colo. Rev. Stat. § 37-45-127 Objections to assessments - appeal
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(1) Prior to October 1 of each year in which assessments are made, the board shall appoint a time and place where it will meet within the district for the purpose of hearing objections to assessments, and prior notice of such hearing shall be given by publication in two issues, a…
Colo. Rev. Stat. § 37-45-128 Officers levy and collect taxes and assessments
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It is the duty of the officer or body having authority to levy taxes within each county, city and county, or town to levy the taxes and special assessments as provided in this article, and it is the duty of all county or city and county officials charged with the duty of collecti…
Colo. Rev. Stat. § 37-45-129 Sale for delinquencies
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(1) Before July 1, 2024, if the taxes or assessments levied are not paid, then the real property shall be sold at the regular tax sale for the payment of said taxes and assessments, interest, and penalties in the manner provided by the statutes of the state of Colorado for sellin…
Colo. Rev. Stat. § 37-45-130 Exemptions
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All property of whatever kind and nature owned by the state and by towns, cities, school districts, drainage districts, irrigation districts, park districts, water districts, or any other governmental agency within said district shall be exempt from assessment and levy by the boa…