Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-48-170 Financing of project. (Repealed)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 L. 77: Entire section repealed, p. 1690, � 17, effective June 9.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. § 37-48-171 Refunding. (Repealed)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 L. 77: Entire section repealed, p. 1690, � 17, effective June 9.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. § 37-48-172 Application of proceeds. (Repealed)
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Source: L. 75: Entire section added, p. 1392, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-173 Limitation of actions. (Repealed)
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Source: L. 75: Entire section added, p. 1392, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
Colo. Rev. Stat. § 37-48-174 Costs - board of managers to concur. (Repealed)
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Source: L. 75: Entire section added, p. 1392, � 7, effective July 18. L. 77: Entire section repealed, p. 1690, � 17, effective June 9.
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 subdistri…
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…
Colo. Rev. Stat. § 37-48-185 Covenants and other provisions in bonds
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(1) Any resolution providing for the issuance of any bonds under this article payable from pledged revenues and any indenture or other instrument or proceedings pertaining thereto may at the discretion of the board of directors contain covenants or other provisions, notwithstandi…
Colo. Rev. Stat. § 37-48-186 Liens on pledged revenues
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(1) Revenues pledged for the payment of any bonds, as received by or otherwise credited to the district or subdistrict issuing bonds under this article, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing, or any further …
Colo. Rev. Stat. § 37-48-187 Rights - powers of holders of bonds - trustees
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(1) Subject to any contractual limitations binding upon the holders of any issue or series of bonds of the district or subdistrict issuing bonds under this article, or the trustee therefor, including, without limitation, the restriction of the exercise of any remedy to a specifie…
Colo. Rev. Stat. § 37-48-188 Investments and securities
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(1) The board of directors of the district or subdistrict, respectively, issuing bonds under this article, subject to any contractual limitations from time to time imposed upon the district or subdistrict by any resolution authorizing the issuance of the outstanding bonds of the …
Colo. Rev. Stat. § 37-48-189 Rents and charges
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(1) (a) The district, any subdistrict, and any political subdivision of the state of Colorado contracting with the district or subdistrict and fixing and collecting annual rentals, service charges, user fees, and other charges, or any combination thereof, are, in supplementation …
Colo. Rev. Stat. § 37-48-190 Miscellaneous powers
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(1) The district and any subdistrict thereof shall also have the following powers: (a) To pay or otherwise defray and to contract to pay or defray, for any term not exceeding seventy-five years, without an election, except as otherwise provided in this article, the principal of, …
Colo. Rev. Stat. § 37-48-191 Cooperative powers
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(1) The district and any subdistrict have the power to utilize and may utilize private industry, by contract, to carry out the design, construction, operation, management, manufacturing, marketing, planning, and research and development functions of the district or any subdistric…
Colo. Rev. Stat. § 37-48-192 Joint action entity
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(1) The district or subdistrict and any other cooperating entity or entities relating to any project or facilities in which the district or the subdistrict is a party in interest may create a joint action entity, a separate body corporate, for the planning, construction, lease, o…
Colo. Rev. Stat. § 37-48-193 Correlative powers of political subdivisions
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Any political subdivision of this state has the correlative powers to enable it to participate in cooperation with the district or any subdistrict in either's exercise of powers granted thereto by this article or otherwise granted by law. Source: L. 77: Entire section added, p. 1…
Colo. Rev. Stat. § 37-48-194 Refunding
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(1) Any revenue bonds issued under the provisions of this article and at any time outstanding may, at any time and from time to time, be refunded by the district by the issuance of its refunding bonds in such amount as the board of directors may deem necessary to refund the princ…
Colo. Rev. Stat. § 37-48-195 Costs - board of managers to concur
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(1) To the extent that the costs of the proceedings for the issuance of revenue bonds are not paid by the proceeds of the bonds, they shall be budgeted and paid out of the subdistrict preliminary fund, or from funds derived from subdistrict revenues, or from the separate subdistr…
Colo. Rev. Stat. § 37-50-101 Legislative declaration
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The conservation of the water of the Republican river, its tributaries, and that portion of the Ogallala aquifer underlying the district for compliance with the Republican river compact are of vital importance to the growth and development of the entire area and the welfare of al…
Colo. Rev. Stat. § 37-50-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Board means the board of directors of the Republican river water conservation district created pursuant to section 37-50-104. (2) District means the Republican river water conservation district created pursuant t…
Colo. Rev. Stat. § 37-50-103 Creation and name of district
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(1) There is hereby created a water conservation district to be known and designated as the Republican river water conservation district. The district is hereby declared to be a body corporate under the laws of Colorado. The district consists of the following area and territory o…
Colo. Rev. Stat. § 37-50-104 Board of directors
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(1) (a) The district shall be managed and controlled by a board of seventeen directors. The members of the board shall hold their offices for terms of three years and until their successors are appointed and qualified. A director may serve one or more terms. The boards of county …
Colo. Rev. Stat. § 37-50-105 Compensation of directors
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The 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 the district, and, in addition, the directors shall be entitled to their actual traveling and transportation expenses when away fr…
Colo. Rev. Stat. § 37-50-106 Employees
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The board shall appoint a secretary and a treasurer. The same individual may, at the election of the board, hold both offices. The board shall likewise hire such other employees, including engineers and attorneys, as may be required to properly transact the business of the distri…
Colo. Rev. Stat. § 37-50-107 General powers
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(1) The district is formed for the purpose of cooperating with and assisting this state to carry out its duty to comply with the limitations and duties imposed upon the state by the Republican river compact, and, in furtherance of that purpose and in its corporate capacity, the d…
Colo. Rev. Stat. § 37-50-108 Principal office - meetings
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The board shall designate a place within the district where the principal office is to be maintained and may change the place from time to time. Regular quarterly meetings of the board shall be held at the office on the third Tuesday in the months of February, May, August, and No…
Colo. Rev. Stat. § 37-50-109 Authority of the board to levy taxes
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(1) In addition to other means of providing revenue for the district, the board has the power to fix the amount of an assessment upon the property within the district, as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and pl…
Colo. Rev. Stat. § 37-50-110 Levy and collection of uniform sales and use tax
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(1) (a) In addition to other means of providing revenue for the district, the board, in the name of the district, has the power to levy and collect a uniform sales and use tax throughout the entire geographical area of the district, notwithstanding any provision of part 1 of arti…
Colo. Rev. Stat. § 37-50-111 Limitations on power to levy and contract
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(1) The district has no power of taxation or right to levy or assess taxes pursuant to section 37-50-109, except an annual levy. The district has no power to contract or incur any obligation or indebtedness except as expressly provided in this article. (2) Before July 1, 2024, al…
Colo. Rev. Stat. § 37-50-112 Investment of unexpended revenues
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The board may invest any unexpended revenues of the district, including any amounts in the construction fund not needed for immediate use, to pay the cost of construction of any project, or to pay bonds or coupons or to meet current expenses, in securities meeting the investment …
Colo. Rev. Stat. § 37-50-113 Appointment and compensation of appraisers
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(1) As soon as the official plan has been prepared and adopted pursuant to section 37-50-107 (3) and is on file in the office of the district, upon petition of the district, the board may, if the official plan includes the utilization of special improvement bonds paid by special …
Colo. Rev. Stat. § 37-50-114 Assessments - procedure in making
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(1) If the board provides 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 implementation of the district's official plan by special assessments to be levied against the apprai…
Colo. Rev. Stat. § 37-50-115 Collection by civil action
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In addition to all other remedies for collection of assessments provided by this article, the district may, at any time after three years after the issuance of any certificate of purchase held by the district, bring civil action to foreclose the lien for assessments represented b…
Colo. Rev. Stat. § 37-50-116 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 the cost of collecting the same, from the date of the filing of the construction fund and the assessment record in the of…
Colo. Rev. Stat. § 37-50-117 Directors to remedy defects in assessments
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If any assessment made under the provisions of this article proves invalid, the board, 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 collection of new …
Colo. Rev. Stat. § 37-50-118 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 contained in the record. Source: L. 2004: Entire article added, p. 1916, � 1, effective August 4.
Colo. Rev. Stat. § 37-50-119 Defects in notice perfected
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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 be lost nor the proceedings abated or held void, but the court shall continue the hearing until proper notice has been given and then shall proceed as though …
Colo. Rev. Stat. § 37-50-120 Issuance of general obligation bonds
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(1) In the name of the district, the district may issue general obligations or bonds that shall constitute a lien against the real property in the district. Obligations shall bear interest at a rate such that the net effective interest rate of the issue does not exceed the maximu…
Colo. Rev. Stat. § 37-50-121 Costs - board of directors to concur
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To the extent that the costs of the proceedings for the issuance of revenue bonds are not paid by the proceeds of the bonds, they shall be budgeted and paid out from district revenues or from the separate district mill levy. Source: L. 2004: Entire article added, p. 1917, � 1, ef…
Colo. Rev. Stat. § 37-50-122 Sinking fund
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The district may provide for a sinking fund for the ultimate payment of any of the obligations of the district. The sinking fund may be invested as provided in section 37-50-112. Source: L. 2004: Entire article added, p. 1917, � 1, effective August 4.
Colo. Rev. Stat. § 37-50-123 Court confirmation
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(1) (a) The board, on behalf and in the name of the district, may file a petition at any time, in the district court in and for the county in which the district's principal office is maintained, for a judicial examination and determination of any power conferred or of any taxes o…
Colo. Rev. Stat. § 37-50-124 Election to authorize debt
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Except for the issuance of refunding bonds or other funding or refunding of obligations that does not increase the net indebtedness of the district, no indebtedness shall be incurred by the issuance of general obligation bonds of the district or by any contract by which the distr…