Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-45-131 Sale of water by contract
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The board may sell, lease, or otherwise dispose of the use of water or capacity in works by term contracts or by contracts for the perpetual use of the water or works to public corporations, districts, as that term is defined in section 37-45.1-102 (1), utilities, persons, mutual…
Colo. Rev. Stat. § 37-45-132 Contracts - security - enforcement
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(1) To meet the annual installments as provided in contracts for the use of water: (a) A water users' association may bind itself to levy an annual assessment on the use of water and to secure same by liens on land and water rights or in such manner as may be provided by law; (b)…
Colo. Rev. Stat. § 37-45-133 Sinking fund
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Whenever a contract of indebtedness has been created by the district, it shall be lawful for the board to make the annual levy of taxes and special assessments in such amount as will create a surplus of funds to meet the annual installments of indebtedness or the payment of bonds…
Colo. Rev. Stat. § 37-45-134 Additional powers
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(1) The board has the following powers concerning the management, control, delivery, use, and distribution of water by the district: (a) To make and enforce all reasonable rules and regulations for the management, control, delivery, use, and distribution of water; (b) To withhold…
Colo. Rev. Stat. § 37-45-135 Allotment of water to disabled landowner or administrator
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Where the landowner in a water conservancy district, organized under this article, is under disability by reason of infancy, insanity, or otherwise, or lands are held under administration, executorship, guardianship, conservatorship, trusteeship, receivership, or other similar pr…
Colo. Rev. Stat. § 37-45-136 Inclusion of lands
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(1) The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this article, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights…
Colo. Rev. Stat. § 37-45-137 Exclusion of lands
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(1) (a) The owner in fee of any lands constituting a portion of any district, regardless of the valuation for assessment of such district, or, if the valuation for assessment of an existing district is less than three hundred million dollars, not less than fifteen owners of land …
Colo. Rev. Stat. § 37-45-138 Board to execute contracts - issue bonds
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To pay for construction, operation, and maintenance of said works, and expenses preliminary and incidental thereto, the board is authorized to enter into a contract with the United States or any agency thereof, providing for payment in installments or to issue negotiable bonds of…
Colo. Rev. Stat. § 37-45-139 Contracts - submission to electors
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(1) Whenever the board incorporated under this article, by resolution adopted by a majority of the said board, determines that the interests of said district and the public interest or necessity demand the acquisition, construction, or completion of any source of water supply, wa…
Colo. Rev. Stat. § 37-45-140 Publication of call
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The resolution provided in section 37-45-139 shall be published once a week for two consecutive weeks, the last publication of which shall be at least ten days prior to the date set for said election, in a newspaper of general circulation within the district, and no other or furt…
Colo. Rev. Stat. § 37-45-141 Conduct of election
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(1) The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of general elections and shall make their returns to the court or secretary of the district, as applicable. At any regular or special meetin…
Colo. Rev. Stat. § 37-45-142 Bond elections - subsequent elections
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(1) No debt required by section 37-45-139 to be submitted to the electors of the district shall be incurred unless the proposition to create such debt is first submitted to and approved by the electors of the district. (2) In the event it appears from the returns that the proposi…
Colo. Rev. Stat. § 37-45-143 Confirmation of contract proceedings
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(1) In its discretion, the board may file a petition in the court at any time, praying for a judicial examination and determination of any power conferred or of any tax or assessment levied or of any act, proceeding, or contract of the district, whether or not said contract has b…
Colo. Rev. Stat. § 37-45-144 Correction of faulty notices
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In every case where a notice is provided for in this article, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but in that case the court shall or…
Colo. Rev. Stat. § 37-45-145 Early hearings
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All cases in which there arises a question of the validity of the organization of a water conservancy district, or a question of the validity of any proceeding under this article, shall be advanced as a matter of immediate public interest and concern and heard at the earliest pra…
Colo. Rev. Stat. § 37-45-146 Dissolution of districts
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Any water conservancy district organized may be dissolved in the manner specified in sections 37-45-146 to 37-45-152 if such district has not been authorized to incur bonded or other indebtedness under the election procedures set forth in sections 37-45-139 to 37-45-142 and such …
Colo. Rev. Stat. § 37-45-147 Election for dissolution - petition or resolution filed
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(1) An election submitting the proposition of dissolution of the district may be initiated by the filing of a copy of a resolution adopted by three-fourths of all the members of the board of directors of such district requesting such an election or by the filing of a petition req…
Colo. Rev. Stat. § 37-45-148 Notice of election
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Upon presentation of such petition or resolution, the court shall cause a notice to be published forthwith at least once each week for four consecutive weeks in a newspaper of general circulation in each county where the district or parts thereof lie. Such notice shall recite tha…
Colo. Rev. Stat. § 37-45-149 Objections to resolution or petition
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Objections to a resolution for an election shall be confined to the question of whether sufficient directors voted in favor of the same. Objections to a petition for such election shall be confined to the question of whether sufficient qualified owners of land situate within the …
Colo. Rev. Stat. § 37-45-150 Election procedure - ballot
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(1) Any election held for the purpose of submitting the proposition of dissolution of a district may be held separately or may be consolidated or held concurrently with any other election authorized by law. The election shall be conducted by the secretary of the board of director…
Colo. Rev. Stat. § 37-45-151 Majority vote determines question
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The electors of the district shall be qualified to vote on the question of dissolving the district. If a majority of votes are for dissolution of the district, the district shall be dissolved as provided in section 37-45-152. Any objections to the election, or proceedings to inva…
Colo. Rev. Stat. § 37-45-152 Winding up and dissolution - order entered
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(1) In the event the vote is for dissolution, any qualified signer of the petition for the election, or the board of directors of such district may, within such time as may be fixed by the court, present a written plan for the winding up of the affairs of the district. Such plan …
Colo. Rev. Stat. § 37-45-153 Validation and recreation of water conservancy districts
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(1) The following water conservancy districts, originally organized under the provisions of this article, are hereby validated and recreated: Alamosa-La Jara Water Conservancy District; Animas-La Plata Water Conservancy District; Badger-Beaver Water Conservancy District; Basalt W…
Colo. Rev. Stat. § 37-46-101 Legislative declaration
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In the opinion of the general assembly of the state of Colorado, the conservation of the water of the Colorado river in Colorado for storage, irrigation, mining, and manufacturing purposes and the construction of reservoirs, ditches, and works for the purpose of irrigation and re…
Colo. Rev. Stat. § 37-46-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Colorado river is construed to embrace and include any tributaries or streams which flow into the Colorado river which may be found in any part of the territory embraced in said district. (2) District means the C…
Colo. Rev. Stat. § 37-46-103 District body corporate - area
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There is hereby created a water conservation district to be known and designated as the Colorado River Water Conservation District. Such district is hereby declared to be a body corporate under the laws of Colorado. Said district shall comprise the following area and territory of…
Colo. Rev. Stat. § 37-46-104 Board of directors
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(1) The Colorado river water conservation district shall be managed and controlled by a board of fifteen directors. One of said directors shall be from each of the respective counties in said district. He shall be selected by the board of county commissioners of the county in whi…
Colo. Rev. Stat. § 37-46-105 Compensation of directors
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The board of directors of the district shall receive as compensation a sum not to exceed one hundred dollars per day while actually engaged in the business of said district, and, in addition, said directors shall be entitled to their actual traveling and transportation expenses w…
Colo. Rev. Stat. § 37-46-106 Vacancies - secretary and treasurer
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The office of director shall become vacant when any member ceases to reside in the county from which the director was appointed. In the event a vacancy occurs in said office by reason of death, resignation, removal, or otherwise, it shall be filled by the board of county commissi…
Colo. Rev. Stat. § 37-46-107 General powers
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(1) In its corporate capacity, the district shall have the power: (a) To sue and be sued in the name of the Colorado river water conservation district; (b) To acquire, operate, and hold in the name of the district such real and personal property as may be necessary to carry out t…
Colo. Rev. Stat. § 37-46-108 Principal office - meetings
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The board of directors of said district shall designate a place within the district where the principal office is to be maintained and may change such place from time to time. Regular quarterly meetings of said board shall be held at said office on the third Tuesday in the months…
Colo. Rev. Stat. § 37-46-109 Authority of board to levy taxes
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(1) (a) In addition to other means of providing revenue for the district, the board of directors has the power to fix the amount of an assessment upon the property within the district, not to exceed two and one-half mills for every dollar of valuation for assessment therein as a …
Colo. Rev. Stat. § 37-46-109.3 Taxes - determination and collection
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(1) In addition to other means of providing revenue for the district, the board of directors, in the name of the district, has the power to levy and collect general ad valorem taxes on or against all taxable property within the district, subject to the limitations provided in sec…
Colo. Rev. Stat. § 37-46-109.4 Levies to cover district's deficiencies
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The board of directors, in certifying annual levies for the district, shall take into account the maturing indebtedness incurred by the district by contract other than the issuance of bonds for the ensuing year as provided in its contracts and deficiencies and defaults of prior y…
Colo. Rev. Stat. § 37-46-110 Organization
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(1) Notwithstanding the organization of the district provided for in this section, public irrigation districts organized under and pursuant to article 4 of chapter 149, CRS 53, and irrigation districts organized under and pursuant to articles 41 and 42 of this title, and any othe…
Colo. Rev. Stat. § 37-46-111 Rules and regulations
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The district has the power to make general rules and regulations for the conduct of its business, as well as the conduct of the business of any subdistrict therein, and by such rules and regulations may provide for the rental of water or other services which are to be furnished b…
Colo. Rev. Stat. § 37-46-112 Petition
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(1) Except as specified in section 37-46-114.5, before any subdistrict is established under this article, a petition shall be filed in the office of the clerk of the district court of the county in which the territory to be included in the subdistrict, or the greater part of the …
Colo. Rev. Stat. § 37-46-113 Notice of hearing on petition
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(1) Immediately after the filing of a petition created pursuant to section 37-46-112, the court, by order, shall fix a place and time, not less than sixty-three days nor more than ninety-one days after the petition is filed, for a hearing on the petition, and the clerk of the cou…
Colo. Rev. Stat. § 37-46-114 Protesting of petitions
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(1) After the filing of a petition for the organization of a subdistrict pursuant to section 37-46-112, a written protest objecting to the organization of the subdistrict may be filed with the court clerk up to thirty days before the date for the hearing on the petition, but not …
Colo. Rev. Stat. § 37-46-114.5 Alternative procedure for organizing a subdistrict
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(1) (a) Notwithstanding the process for creating a subdistrict established in sections 37-46-112 to 37-46-114, a petition for an election on the organization of a subdistrict may be filed with the clerk of the court that has jurisdiction over all or part of the geographic area to…
Colo. Rev. Stat. § 37-46-115 Board of directors to prepare plans
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Upon organization of such subdistrict, the board of directors of said district, acting as the board of directors of said subdistrict, are authorized and required to prepare and adopt as the official plans for said subdistrict a comprehensive detailed plan showing the nature of th…
Colo. Rev. Stat. § 37-46-116 Appointment of appraisers
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As soon as such official plan has been prepared and adopted and is on file in the office of said district, upon petition of the district, the court shall appoint a board of appraisers consisting of three members. The qualifications of said appraisers and all proceedings before th…
Colo. Rev. Stat. § 37-46-117 Compensation of appraisers
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Appraisers when appointed under the provisions of this article shall receive a compensation of ten dollars per day during the time that they are engaged in the performance of their duties. Source: L. 37: p. 1017, � 15. CSA: C. 138, � 199(15). CRS 53: � 149-8-15. C.R.S. 1963: � 15…
Colo. Rev. Stat. § 37-46-118 Board bound by financing plan
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(1) The board of directors of the district shall be bound by the plan of financing set forth in the petition for the organization of the subdistrict and approved by decree of the district court. The appointment of appraisers shall not be necessary in the event that the plan adopt…
Colo. Rev. Stat. § 37-46-119 Directors may make assessments
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(1) In the event that the plans for the organization of said district, including the petition and the decree entered thereon, provide for a plan of financing the construction or acquisition of the works, or other improvements proposed, by special assessments to be levied against …
Colo. Rev. Stat. § 37-46-120 Improvement district bonds
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(1) The board of directors of said district may issue as obligations of the subdistrict, not as an obligation of the Colorado river water conservation district, improvement district bonds to be paid out of special assessments made by said board of directors against all lands in t…
Colo. Rev. Stat. § 37-46-121 Assessments perpetual lien
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All assessments on account of special improvements against appraised benefits and interest thereon and penalties for default of payment thereof, together with costs of collecting the same, from the date of the filing of the construction fund assessment record and the maintenance …
Colo. Rev. Stat. § 37-46-122 Invalid assessments - board remedy
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If any assessment made under the provisions of this article proves invalid, the board of directors by subsequent or amended acts or proceedings, promptly and without delay, shall remedy all defects or irregularities, as the case may require, by making and providing for the collec…
Colo. Rev. Stat. § 37-46-123 Assessment record as 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. 37: p. 1021, � 20. CSA: C. 138, � 199(20). CRS 53: � 149-8-20. C.R.S. 1963: � 150-7-20.
Colo. Rev. Stat. § 37-46-124 Remedies in case of faulty notice
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Whenever in this article notice is provided for, if the court finds that due notice was not given, jurisdiction shall not thereby be lost or the proceedings abated or held void, but the court shall continue the hearing until such time as proper notice may be given and thereupon s…