Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-48-117 Conduct of election
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(1) Except as provided in this article, an election held pursuant to this article shall be opened and conducted in the manner provided by the laws of the state of Colorado for the conduct of general elections except that only taxpaying electors may vote in such election. Registra…
Colo. Rev. Stat. § 37-48-118 Notice of election
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Notice of such election shall be given by publication. No other notice of election need be given. Source: L. 67: p. 670, � 1. C.R.S. 1963: � 150-10-18.
Colo. Rev. Stat. § 37-48-119 Polling places
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All polling places designated by the election resolution shall be within the area included within the proposed district. Source: L. 67: p. 670, � 1. C.R.S. 1963: � 150-10-19.
Colo. Rev. Stat. § 37-48-120 Election supplies
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The county commissioners of each county shall have provided at each polling place ballots or ballot labels, or both, ballot boxes or voting machines, or both, instructions, elector's affidavits, and other material and supplies required for a general election by law. The county co…
Colo. Rev. Stat. § 37-48-121 Election returns
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The election officials shall make their returns directly to the county commissioners of said counties in care of the board of county commissioners of Alamosa county, Alamosa, Colorado. The county commissioners of said counties shall act as the canvassing body. The returns of said…
Colo. Rev. Stat. § 37-48-122 Expenses of election - appropriation
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The expenses of the election shall be paid by the Colorado water conservation board to the extent of fifteen thousand dollars, and there is hereby appropriated to said board the sum of fifteen thousand dollars to be used for this purpose and no other. Each county is entitled to a…
Colo. Rev. Stat. § 37-48-123 Procedure for establishment of subdistricts
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(1) 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 embraced in said subdistrict or the greater part thereof is situate, signed by the board of director…
Colo. Rev. Stat. § 37-48-124 Time and place of hearing on petition
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(1) Immediately after the filing of such petition, the court wherein the petition is filed, 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 hearing thereon, and the clerk of said court shall cause…
Colo. Rev. Stat. § 37-48-125 Filing of protest - procedure - decree - fee
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(1) At any time after the filing of a petition for the organization of a subdistrict, and not less than thirty days prior to the time fixed by the order of the court for the hearing upon said petition, and not thereafter, a protest may be filed in the office of the clerk of the c…
Colo. Rev. Stat. § 37-48-126 Official plan for subdistrict
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(1) Upon organization of such subdistrict, the board of directors of said district, acting as the board of directors of said subdistrict, is authorized and required to prepare and adopt as the official plans for said subdistrict a comprehensive detailed plan, setting forth any pl…
Colo. Rev. Stat. § 37-48-127 Execution of plans
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The board of directors has full authority to devise, prepare for, execute, maintain, and operate all works or improvements necessary or desirable to complete, maintain, operate, and protect the works provided for by the official plan and to that end may employ and secure men and …
Colo. Rev. Stat. § 37-48-128 Contracts
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When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars shall be advertised after notice by publication calling for bids, and the board may reject any or all bids or may let the contract to the lowest responsible bidder who gives …
Colo. Rev. Stat. § 37-48-129 Surveys and examinations
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The board of directors also has the right to establish and maintain stream gauges, rain gauges, and a flood warning service with telephone or telegraph lines or telephone or telegraph service, and it may make such surveys and examinations of rainfall and flood conditions, streamf…
Colo. Rev. Stat. § 37-48-130 Cooperation with United States or other agencies
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The board of directors also has the authority to enter into contracts or other arrangements with the United States government or any department thereof, with persons, railroads, or other corporations, with public corporations, with the state government of this or other states, an…
Colo. Rev. Stat. § 37-48-131 Access to lands - penalty
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The board of directors or its employees or agents, including contractors and their employees and appraisers retained by the board and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary prelim…
Colo. Rev. Stat. § 37-48-132 Removal of structures
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(1) For the accomplishment of the official plan, the board of directors has full power to improve in alignment, section, grade, or location, or in any other manner, any watercourse; and it may remove, widen, lengthen, lower, raise, or otherwise change any public or private road b…
Colo. Rev. Stat. § 37-48-133 Passing equipment through bridge or grade
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In case it is necessary to pass any dredge boat or other equipment through a bridge or grade of any railroad company or other corporation, county, city, town, or other municipality, the board of directors shall give notice to the owner of said bridge or grade that the same shall …
Colo. Rev. Stat. § 37-48-134 Functions and duties of board of managers
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If the subdistrict has a board of managers, any of the functions and duties enumerated in sections 37-48-127 to 37-48-133 may be performed by the board of managers to the extent provided in the petition or in the rules and regulations of the subdistrict; except that all contracts…
Colo. Rev. Stat. § 37-48-135 Retention of personnel
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If the subdistrict has a board of managers and if it is so provided in the petition or in the rules and regulations of the subdistrict, the board of managers may retain engineers, attorneys, and management and other personnel separate and apart from those employed by the district…
Colo. Rev. Stat. § 37-48-136 Appointment of appraisers
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If the plan of financing set forth in the petition and order creating the subdistrict utilizes special improvement bonds, paid by special assessments upon the property benefited within the subdistrict, as a means of financing the execution of the official plan, then, at the time …
Colo. Rev. Stat. § 37-48-137 Appraisals
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(1) During the preparation of an official plan that utilizes special improvement bonds for financing, the board of appraisers shall examine and become acquainted with the nature of the plans for the improvement of the lands and other property affected thereby in order that they m…
Colo. Rev. Stat. § 37-48-138 Report of appraisers - special improvement bonds
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(1) The board of appraisers shall prepare a tabulated report of its findings, which shall be bound in book form and which shall be known as the conservation district appraisal record for special improvement bonds. Such record shall contain the names of the owners of property appr…
Colo. Rev. Stat. § 37-48-139 Notice of hearing on appraisals
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(1) Upon the filing of the report of the appraisers, the clerk of the court in which the original cause is pending shall, upon order of the court, give notice thereof by publication in each county in the subdistrict. It shall not be necessary for said clerk to name the parties in…
Colo. Rev. Stat. § 37-48-140 Hearing on appraisals
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Any property owner may accept the appraisals of benefits as made by the appraisers and shall be construed to have done so unless, within ten days after the last publication provided for in section 37-48-139, he has filed exceptions to said report or to any appraisal of benefits. …
Colo. Rev. Stat. § 37-48-141 Decree on appraisals
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If it appears to the satisfaction of the court, after having heard and determined all said exceptions, that the estimated cost of constructing the improvements contemplated in the official plan is less than the benefits appraised, the court shall approve and confirm said appraise…
Colo. Rev. Stat. § 37-48-142 Filing decree
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Upon the entry of the order of the court approving the report of the appraisers, the clerk of the said court in which the same is entered shall transmit to the secretary of the district a certified copy of the said decree and of the appraisals as confirmed by the court. Source: L…
Colo. Rev. Stat. § 37-48-143 Validation of irregular proceedings
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(1) Minor insubstantial irregularities in any notice or proceeding shall not make any proceeding invalid. (2) In case it is found upon a hearing that, by reason of some irregularity or defect in the proceedings, the appraisal has not been properly made, the court may, nevertheles…
Colo. Rev. Stat. § 37-48-144 Compensation of appraisers
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Appraisers, when appointed under the provisions of this article, shall receive such reasonable compensation as shall be fixed by the court in its order of appointment. Source: L. 75: Entire section added, p. 1382, � 7, effective July 18.
Colo. Rev. Stat. § 37-48-145 Preliminary fund
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(1) As soon as any subdistrict has been organized, the board of directors may fix the amount of assessment upon the property within the subdistrict at a level rate to be used for the purpose of paying the expenses of organization, for surveys and plans, and for other incidental e…
Colo. Rev. Stat. § 37-48-146 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 the 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 t…
Colo. Rev. Stat. § 37-48-147 Directors 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 the decree of the district court. The appointment of appraisers shall not be necessary if the official plan adopted…
Colo. Rev. Stat. § 37-48-148 Special assessments - procedure in making
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(1) If the proceedings for the organization of the subdistrict, including the petition and the decree entered thereon, provide for the financing of the construction or acquisition of the works or other improvements proposed and of the other steps necessary to the development and …
Colo. Rev. Stat. § 37-48-149 Special improvement bonds
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(1) The board of directors of the district may issue as obligations of the subdistrict, not as obligations of the Rio Grande water conservation district, special improvement bonds to be paid out of special improvement assessments made by the board of directors against all lands i…
Colo. Rev. Stat. § 37-48-151 Collection by civil action
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In addition to all other remedies for collection of assessments, including special improvement assessments, special assessments, service charges, or user fees, provided by this article, and cumulative therewith, the district may, at any time after three years after the issuance o…
Colo. Rev. Stat. § 37-48-152 Special improvement assessments constitute perpetual lien
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All special improvement assessments against appraised benefits and interest thereon and penalties for default of payment thereof, together with the cost of collecting the same, from the date of the filing of the construction fund special assessment record in the office of the tre…
Colo. Rev. Stat. § 37-48-155 Defects in notice perfected
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Whenever notice is provided for in this article, 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 shall there…
Colo. Rev. Stat. § 37-48-156 Contracts of subdistricts
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(1) When the official plan so provides, it shall be lawful for any subdistrict to make contracts as follows: (a) A water users' association, public entity, nonprofit corporation, not-for-profit corporation, carrier ditch company, mutual ditch or reservoir company, unincorporated …
Colo. Rev. Stat. § 37-48-157 Issuance of general obligation bonds - revenue bonds
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(1) (a) In the name of the subdistrict and not otherwise, when authorized by the plan of organization and decree of court organizing said subdistrict to do so, the district may issue general obligations or bonds which shall constitute a lien against the real property in said subd…
Colo. Rev. Stat. § 37-48-158 Board to certify tax assessments
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To maintain, operate, and preserve ditches, canals, reservoirs, or other improvements made pursuant to this article and to strengthen, repair, and restore the same, when needed, for operation of any plan of water management, and for the purpose of defraying any incidental expense…
Colo. Rev. Stat. § 37-48-159 Sinking fund
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Said district may provide for a sinking fund for the ultimate payment of any of the obligations of any subdistrict. Such sinking fund may be invested as provided in section 37-48-111. Source: L. 75: Entire section added, p. 1388, � 7, effective July 18.
Colo. Rev. Stat. § 37-48-160 Subdistrict budget
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A subdistrict existing pursuant to this article shall be an agency of the district for purposes of compliance with the provisions of the Local Government Budget Law of Colorado, part 1 of article 1 of title 29, C.R.S.; and the board of managers thereof, if any, shall prepare and …
Colo. Rev. Stat. § 37-48-161 Revenue bonds. (Repealed)
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Source: L. 75: Entire section added, p. 1389, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-162 Bonds to be special obligations. (Repealed)
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Source: L. 75: Entire section added, p. 1389, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-163 Form and terms of bonds. (Repealed)
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Source: L. 75: Entire section added, p. 1389, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-164 Bond security. (Repealed)
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Source: L. 75: Entire section added, p. 1390, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-165 Terms of proceedings and instruments. (Repealed)
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Source: L. 75: Entire section added, p. 1390, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-166 Investments and bank deposits. (Repealed)
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Source: L. 75: Entire section added, p. 1390, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-167 Limited obligation. (Repealed)
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Source: L. 75: Entire section added, p. 1391, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-168 Rights upon default. (Repealed)
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Source: L. 75: Entire section added, p. 1391, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-169 Determination of revenue. (Repealed)
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Source: L. 75: Entire section added, p. 1391, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.