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Colorado Statutes, Title 37

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Title 37, Water and Irrigation

0 chapters · 1,167 sections in this title.

All chapters in Title 371,167 Ch 4393 Ch 4882 Ch 4161 Ch 4659 Ch 3154 Ch 4553 Ch 4751 Ch 4449 Ch 6049 Ch 9045 Ch 5043 Ch 4239 Ch 9227 Ch 9527

1,167 sections·Filtered byTitle 37✕

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. § 37-48-150 Manner of collection - tax sale - certificate of purchase - tax deed

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(1) Before July 1, 2024, lands sold for delinquent special improvement assessments, special assessments, service charges, or user fees under this article 48 shall be struck off to the district, or bid in for the district, in like manner and effect, including issuance of a deed th…

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. § 37-48-153 Directors to remedy defects - special improvement assessments - special assessments

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If any special improvement assessment, special assessment, service charge, or user fee made under the provisions of this article proves invalid, the board of directors shall, by subsequent or amended acts or proceedings, promptly and without delay remedy all defects or irregulari…

Colo. Rev. Stat. § 37-48-154 Records of assessments, service charges, or user fees as evidence

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The record of special improvement assessments, special assessments, service charges, or user fees contained in the respective records of the district shall be prima facie evidence in all courts of all matters therein contained. Source: L. 75: Entire section added, p. 1387, § 7, e…

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 an…

Colo. Rev. Stat. § 37-48-175 Election to authorize debt

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Except for the issuance of refunding bonds or other funding or refunding of obligations which does not increase the net indebtedness of the district or any subdistrict so proceeding, no indebtedness shall be incurred by the issuance of general obligation bonds of any subdistrict …

Colo. Rev. Stat. § 37-48-176 Definition of elector

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(1) An "elector", "elector of the district", or "elector of the subdistrict", or any term of similar import, means a person: (a) Who, at the time of the election, is qualified to vote in general elections in this state; and (b) Who either: (I) Is a resident of the district or sub…

Colo. Rev. Stat. § 37-48-177 Elections

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Whenever in this article an election of the electors of the district or a subdistrict therein is permitted or required, the election may be held separately at a special election or may be held concurrently with any primary or general election held under the laws of this state; bu…

Colo. Rev. Stat. § 37-48-178 Election resolution

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(1) The board of directors shall call any election by resolution adopted at least thirty days prior to the election. (2) Such resolution shall recite the objects and purposes of the election, the date upon which such election shall be held, and the form of the ballot. (3) In the …

Colo. Rev. Stat. § 37-48-179 Conduct of election

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(1) Except as otherwise provided in this article, an election held pursuant to this article shall be opened and conducted in the manner then provided by the laws of this state for the conduct of general elections. (2) If an election is held concurrently with a primary or general …

Colo. Rev. Stat. § 37-48-180 Notice of election

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Notice of such election shall be given by publication by three consecutive weekly insertions in at least one newspaper of general circulation in the district or subdistrict holding the election, as determined by the board of directors. No other notice of an election held under th…

Colo. Rev. Stat. § 37-48-181 Polling places

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(1) All polling places designated by resolution for an election shall be within the territorial limits of the district or subdistrict holding the election; but, if an election of the district or subdistrict is held concurrently with a primary or general election, the polling plac…

Colo. Rev. Stat. § 37-48-182 Election supplies

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(1) The secretary of the district shall provide at each polling place ballots or ballot labels, or both, ballot boxes or voting machines, or both, instructions, electors' affidavits, and other materials and supplies required for an election by any law; and the secretary may provi…

Colo. Rev. Stat. § 37-48-183 Election returns

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(1) In the case of any election held under this article which is not held concurrently with a primary or general election, the election officials shall make their returns directly to the secretary of the district for the board of directors. (2) In the case of any election held un…

Colo. Rev. Stat. § 37-48-184 Debt election contests

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(1) Any election declared to have carried on an authorization to issue any bonds, by approval of the bond question, or otherwise to incur an indebtedness by approval of the question thereon may be contested by any elector of the district or subdistrict holding the debt election b…