Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-50-125 Definition of elector
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(1) An elector or elector of the district, or any term of similar import, means a person who: (a) At the time of the election, is qualified to vote in general elections in this state; and (b) Either: (I) Has been a resident of the district for not less than thirty-two days at the…
Colo. Rev. Stat. § 37-50-126 Elections
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Whenever in this article an election of the electors of the district is permitted or required, the election may be held separately at a special election or may be held concurrently with any primary, general, or other election held under the laws of this state. Source: L. 2004: En…
Colo. Rev. Stat. § 37-50-127 Election resolution
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(1) The board shall call any election by resolution adopted at least thirty days before the election. (2) The resolution shall state 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 case of an electi…
Colo. Rev. Stat. § 37-50-128 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. § 37-50-129 Notice of election
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Notice of an election held pursuant to this article shall be given by publication by three consecutive weekly insertions in at least one newspaper of general circulation in each county wholly or partially within the district, as determined by the board. No other notice of an elec…
Colo. Rev. Stat. § 37-50-130 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; except that, if an election of the district is held concurrently with a primary or general election, the polling place for each precinct located wholly or parti…
Colo. Rev. Stat. § 37-50-131 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. § 37-50-132 Election returns
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(1) In the case of any election held under this article that 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. (2) In the case of an election held under this articl…
Colo. Rev. Stat. § 37-50-133 Debt and tax levy election contests
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(1) An election declared to have approved an authorization to levy any tax or issue any bonds, by approval of the tax levy or bond question, or otherwise to incur an indebtedness may be contested by any elector of the district by suit against it as contestee and defendant in any …
Colo. Rev. Stat. § 37-50-134 Covenants and other provisions in bonds
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(1) A resolution providing for the issuance of bonds under this article, payable from pledged revenues and an indenture or other related instrument or proceedings, may at the discretion of the board contain covenants or other provisions, notwithstanding that such covenants and pr…
Colo. Rev. Stat. § 37-50-135 Liens on pledged revenues
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(1) Revenues pledged for the payment of bonds, as received by or otherwise credited to the district under this article, shall immediately be subject to the lien of each such pledge without any physical delivery, filing, or further act. (2) The lien of each such pledge and the obl…
Colo. Rev. Stat. § 37-50-136 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 issuing bonds under this article, or the holders' trustee, including, without limitation, the restriction of the exercise of any remedy to a specified proportion, p…
Colo. Rev. Stat. § 37-50-137 Investments and securities
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(1) The board, subject to contractual limitations from time to time imposed upon the district by a resolution authorizing the issuance of the outstanding bonds of the district, a trust indenture, or other related proceedings, may invest and reinvest proceeds of taxes, pledged rev…
Colo. Rev. Stat. § 37-50-138 Rents and charges
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(1) (a) The district and any political subdivision of the state of Colorado contracting with the district and fixing and collecting annual rentals, service charges, other charges, or any combination thereof are authorized to fix and collect rents, rates, fees, tolls, and other ch…
Colo. Rev. Stat. § 37-50-138.5 Prohibition on duplication of water use fees
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Notwithstanding any provision of this article 50 to the contrary, a person or entity within the district, which person or entity is obligated to provide augmentation to a river system other than the Republican river pursuant to a decreed plan of augmentation, is not required to p…
Colo. Rev. Stat. § 37-50-139 Miscellaneous powers
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(1) The district shall also have the following powers: (a) To pay or otherwise defray and to contract to pay or defray, for a term not exceeding seventy-five years, without an election, except as otherwise provided in this article, the principal of, prior redemption premiums due …
Colo. Rev. Stat. § 37-50-140 Joint action entity
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(1) The district and another cooperating entity or entities relating to a project or facilities in which the district is a party in interest may create a joint action entity, which shall be a separate body corporate, for the planning, construction, lease, other acquisition, impro…
Colo. Rev. Stat. § 37-50-141 Refunding
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(1) Any revenue bonds issued under 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 may deem necessary to refund the principal of the bonds to be refunde…
Colo. Rev. Stat. § 37-50-142 Severability
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If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the p…
Colo. Rev. Stat. § 37-60-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Board means the Colorado water conservation board. Source: L. 37: p. 1300, � 2. CSA: C. 173B, � 2. CRS 53: � 148-1-2. C.R.S. 1963: � 149-1-2.
Colo. Rev. Stat. § 37-60-102 Colorado water conservation board - creation
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For the purpose of aiding in the protection and development of the waters of the state and for the benefit of the present and future inhabitants of the state, there is created a Colorado water conservation board with the powers and duties set out in this article 60. The board is …
Colo. Rev. Stat. § 37-60-103 Organization
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The board shall elect from the appointed members a chairman and a vice-chairman to serve at the pleasure of the board. The director of the board shall serve as secretary. Source: L. 37: p. 1301, � 4. CSA: C. 173B, � 4. CRS 53: � 148-1-4. C.R.S. 1963: � 149-1-4. L. 67: p. 293, � 2…
Colo. Rev. Stat. § 37-60-104 Composition of the board - public engagement - reports
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(1) The board consists of fifteen members as follows: (a) The executive director of the department of natural resources, who is a voting member ex officio; (b) The attorney general, who is a nonvoting member ex officio; (c) The state engineer, who is a nonvoting member ex officio…
Colo. Rev. Stat. § 37-60-105 Employment of temporary personnel
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The Colorado water conservation board is authorized to employ any persons and enter into any cooperative undertakings with agencies of government as it may deem advisable for carrying out the work outlined in section 37-60-115. The employment in this section referred to is of suc…
Colo. Rev. Stat. § 37-60-106 Duties of the board - legislative declaration
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(1) The board shall promote the conservation of the waters of the state of Colorado in order to secure the greatest utilization of such waters and the utmost prevention of floods. In particular, and without limiting the general character of this section, the board has the power a…
Colo. Rev. Stat. § 37-60-106.3 State water plan - legislative declaration - grant program
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(1) State water plan. The board shall adopt and update, as warranted, a state water plan. In exercising its authority pursuant to this section, executive order D2013-005, or any analogous successor order directing the board to adopt or amend a state or Colorado water plan, the bo…
Colo. Rev. Stat. § 37-60-106.5 Study of water salvage. (Repealed)
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Source: L. 91: Entire section added, p. 2023, � 4, effective June 4. L. 96: Entire section repealed, p. 1223, � 23, effective August 7. Cross references: For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws o…
Colo. Rev. Stat. § 37-60-107 Meetings - notice
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The board may provide for the holding of regular meetings and may hold a special meeting at any time and place in the state upon the call of the chairman or vice-chairman or of any two voting members. Notice of all special meetings shall be given by telegram at least forty-eight …
Colo. Rev. Stat. § 37-60-108 Seal - rules and regulations
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The board shall adopt a seal, and all documents to be executed by the board shall be under such seal, signed by the chairman or vice-chairman and attested by the secretary. From time to time, the board may adopt suitable rules and regulations as are necessary or expedient for the…
Colo. Rev. Stat. § 37-60-109 Commissioner
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(1) The governor from time to time, with the approval of the board, shall appoint a commissioner, who shall represent the state of Colorado upon joint commissions to be composed of commissioners representing the state of Colorado and another state or other states for the purpose …
Colo. Rev. Stat. § 37-60-110 Authority of commissioners under prior laws
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All acts or parts of acts in conflict herewith, relating to the appointment of commissioners for negotiating compacts respecting the waters of interstate streams are hereby repealed; but such repeal shall neither affect the authority of any commissioners now engaged in the proces…
Colo. Rev. Stat. § 37-60-111 Compensation of members - director - employees
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(1) Each appointed member of the board not otherwise in full-time employment of the state shall receive a per diem allowance of fifty dollars for each day actually and necessarily spent in the discharge of official duties, and all members shall receive traveling and other necessa…
Colo. Rev. Stat. § 37-60-112 Warrants for salaries and expenses
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The controller is authorized to draw warrants monthly in payment of the lawful salaries and expenses of the board or commissioners and their legal, engineering, and other assistants and employees on vouchers signed by the secretary of the board and approved by the governor. Sourc…
Colo. Rev. Stat. § 37-60-113 Board to cooperate with attorney general
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The board shall cooperate with the attorney general in all matters relating to interstate suits concerning the waters of the rivers of the state and shall arrange for the gathering and compilation of all information, factual, engineering, or other data requisite or desirable for …
Colo. Rev. Stat. § 37-60-114 Attorney general as legal advisor
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The attorney general is the legal advisor for the board, and with his or her consent the board may employ additional legal counsel. Source: L. 37: p. 1302, � 7. CSA: C. 173B, � 7. CRS 53: � 148-1-7. C.R.S. 1963: � 149-1-7. L. 67: p. 294, � 3. L. 2016: Entire section amended, (HB …
Colo. Rev. Stat. § 37-60-115 Water studies - rules - reports - definitions - repeal
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(1) (a) The Colorado water conservation board is authorized to forthwith make, or cause to be made, a continuous study of the water resources of the state of Colorado, and a continuous study of the present and potential uses thereof to the full extent necessary to a unified and h…
Colo. Rev. Stat. § 37-60-116 Reports
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The Colorado water conservation board shall cause the results of the studies to be embodied in written reports, copies of which shall be held in the offices of said board as a public record available for the use of any interested person, and a copy of each of said reports shall b…
Colo. Rev. Stat. § 37-60-117 Reports and publications
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(1) The board shall report to the executive director of the department of natural resources at such time and on such matters as the executive director requires. (2) Publication of studies conducted by the board and other publications circulated in quantity outside the division sh…
Colo. Rev. Stat. § 37-60-118 Assent to water resources planning act
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(1) The state of Colorado, by and through the Colorado water conservation board, hereby assents to the provisions of the act of congress entitled Water Resources Planning Act, approved July 22, 1965. The Colorado water conservation board is authorized, empowered, and directed to …
Colo. Rev. Stat. § 37-60-120 Control of projects - contractual powers of board
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(1) The state of Colorado shall have the ownership and control of such portions of said projects, or shall take a sufficient security interest in property or take such bonds, notes, or other securities evidencing an obligation, as will assure repayment of funds made available by …
Colo. Rev. Stat. § 37-60-120.1 Chatfield reservoir reallocation project - authority - repeal
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(1) In order to promote the general welfare and safety of the citizens of this state and utilize reallocated storage space available in the federal flood control project known as Chatfield reservoir, the board has undertaken the Chatfield reservoir reallocation project, referred …
Colo. Rev. Stat. § 37-60-120.2 Animas-La Plata project - authority - repeal
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(1) Notwithstanding any other law, including section 24-30-1303, C.R.S., and given that thirty-six million dollars have been authorized and appropriated and a purchase agreement has been executed with the United States bureau of reclamation to acquire all of the state's water all…
Colo. Rev. Stat. § 37-60-121.1 Reserved rights litigation fund
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(1) The general assembly hereby recognizes that the claims of various agencies and organizations of the federal government to waters of the state of Colorado represent a claim to waters heretofore claimed by appropriators of the state of Colorado who have relied on the doctrine o…
Colo. Rev. Stat. § 37-60-121.5 Loan guarantee fund - creation
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The loan guarantee fund is hereby created in the state treasury and is referred to in this section as the fund. The fund consists of money that the general assembly may appropriate or transfer to the fund. All interest and income derived from the deposit and investment of money i…
Colo. Rev. Stat. § 37-60-122 General assembly approval
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(1) Money in the Colorado water conservation board construction fund shall be expended in the following manner and under the following circumstances: (a) Repealed. (b) The general assembly may authorize projects as it deems to be to the advantage of the people of the state of Col…
Colo. Rev. Stat. § 37-60-122.3 Wild and scenic rivers fund - created
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There is hereby created in the state treasury the wild and scenic rivers fund, referred to in this section as the fund. The state treasurer shall transfer four hundred thousand dollars from previously unappropriated Colorado water conservation board construction fund moneys to th…
Colo. Rev. Stat. § 37-60-122.4 Horse Creek basin account - creation. (Repealed)
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Source: L. 97: Entire section added, p. 829, � 14, effective May 21. L. 2002: Entire section repealed, p. 457, � 32, effective May 23.
Colo. Rev. Stat. § 37-60-122.5 Emergency dam repair cash fund
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There is hereby created in the state treasury the emergency dam repair cash fund. The state treasurer is hereby authorized and directed to transfer money from the Colorado water conservation board construction fund to the emergency dam repair cash fund in such amounts and at such…
Colo. Rev. Stat. § 37-60-122.7 Feasibility study small grant fund - creation
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(1) to (4) Repealed. (5) (a) There is hereby created in the state treasury the feasibility study small grant fund for the purpose of making small grants to help pay the costs of preparing water project feasibility studies. The Colorado water conservation board shall approve small…
Colo. Rev. Stat. § 37-60-122.8 Publications fund - transfer - repeal
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(1) There is hereby created in the state treasury the publications fund. The fund shall consist of moneys paid to the board from persons outside the board for copies of public records or publications provided by the board. The moneys in the fund may be expended by the board to pa…