Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-1-101 Short title
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Articles 1 to 8 of this title shall be known and may be cited as the Conservancy Law of Colorado. Source: L. 22: p. 11, � 1. C.L. � 9515. CSA: C. 138, � 126. CRS 53: � 30-1-1. C.R.S. 1963: � 29-1-1.
Colo. Rev. Stat. § 37-1-102 Definitions
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As used in articles 1 to 8 of this title, unless the context otherwise requires: (1) Conservancy district means the districts created under articles 1 to 8 of this title; and the bonds which may be issued under articles 1 to 8 of this title may be called conservancy bonds, and su…
Colo. Rev. Stat. § 37-1-103 Liberal construction
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Articles 1 to 8 of this title, being necessary to secure and preserve the public health, safety, convenience, and welfare, and being necessary for the prevention of great loss of life and for the security of public and private property from floods and other uncontrolled waters, s…
Colo. Rev. Stat. § 37-1-104 Removal of officials for cause
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Any director or other officer of any district organized under articles 1 to 8 of this title may be removed for cause after a hearing upon a motion filed by any interested person in the original proceeding in which the district was organized. Source: L. 22: p. 70, � 67. C.L. � 958…
Colo. Rev. Stat. § 37-1-105 Remedy by mandamus
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The performance of all duties prescribed in articles 1 to 8 of this title concerning the organization and administration or operation of a conservancy district may be enforced against any officer thereof or against any person or corporation refusing to comply with any order of th…
Colo. Rev. Stat. § 37-1-106 Early hearings
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All cases in which there may arise a question of the validity of the organization of a conservancy district, or a question of the validity of any proceeding under articles 1 to 8 of this title, shall be advanced as a matter of immediate public interest and concern and heard in al…
Colo. Rev. Stat. § 37-1-107 Correction of faulty notices
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(1) In every case where a notice is provided for in articles 1 to 8 of this title, 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 the court …
Colo. Rev. Stat. § 37-1-108 Short forms and abbreviations
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(1) In any order of court the words The court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding, shall be equivalent to a finding of the existence of each jurisdictional fact necessary to confer plenary jurisdiction upon the c…
Colo. Rev. Stat. § 37-1-109 Repeal - saving clause
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All laws or parts of laws conflicting in any way with any of the provisions of articles 1 to 8 of this title, in regard to improvements of the character contemplated by said articles, or regulating or limiting the power of taxation or assessment, or otherwise interfering with the…
Colo. Rev. Stat. § 37-2-101 Jurisdiction of district court - purposes of districts
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(1) The district court sitting in and for any county in this state has jurisdiction, when the conditions stated in section 37-2-102 are found to exist, to establish conservancy districts, which may be entirely within or partly within and partly without the judicial district in wh…
Colo. Rev. Stat. § 37-2-102 Petition
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(1) The establishment of conservancy districts for the purposes and in the manner provided for in articles 1 to 8 of this title is declared to be conducive to public health, safety, convenience, and welfare. Before any conservancy district is established under articles 1 to 8 of …
Colo. Rev. Stat. § 37-2-103 Bond of petitioners
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At the time of filing the petition or at any time subsequent thereto and prior to the time of the hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all the expenses connected with the proceedings in case the organization of th…
Colo. Rev. Stat. § 37-2-104 Notice of hearing on petition
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(1) Immediately after the filing of such petition, the court wherein the petition is filed shall by order 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 the court shall cause no…
Colo. Rev. Stat. § 37-2-106 Provisions for recording decree of incorporation
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Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall transmit to the division of local government in the department of local affairs and to the county clerk and recorder in each of the counties having lands in said distr…
Colo. Rev. Stat. § 37-3-101 Appointment or election of directors
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(1) (a) Except as specified in subsection (2) of this section: (I) Within thirty days after entering the decree incorporating the district, the court shall appoint as a board of directors of the district three persons who are residents of the county or counties in which the conse…
Colo. Rev. Stat. § 37-3-102 Oath or affirmation - organization
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Each director shall take an oath or affirmation in accordance with section 24-12-101. The board of directors shall choose one of its number as chairperson of the board and president of the district and shall elect some suitable person secretary of the board and of the district wh…
Colo. Rev. Stat. § 37-3-103 General powers
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(1) To protect life and property within the district; and to protect or relieve land subject to overflowing or washing, or that is menaced or threatened by the normal flow, flood, surplus, or overflow of waters of any natural watercourse, stream, canyon, or wash, whether perennia…
Colo. Rev. Stat. § 37-3-104 General grant of power
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The board of directors of any district organized under articles 1 to 8 of this title is vested with all powers necessary for the accomplishment of the purposes for which the district is organized and capable of being delegated by the general assembly of the state of Colorado; and…
Colo. Rev. Stat. § 37-3-105 Employment of agents
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(1) The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board of directors in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal of the district, a…
Colo. Rev. Stat. § 37-3-106 Regulations to protect works
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(1) Where necessary, in order to secure the best results from the execution and operation of the plans of the district or to prevent damage to the district by the deterioration or misuse or by the pollution of the waters of any watercourse therein, the board of directors may make…
Colo. Rev. Stat. § 37-3-107 Quorum
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A majority of the directors shall constitute a quorum, and a concurrence of the majority in any matter within their duties is sufficient for its determination. Source: L. 22: p. 22, � 10. C.L. � 9524. CSA: C. 138, � 135. CRS 53: � 30-3-3. C.R.S. 1963: � 29-3-3.
Colo. Rev. Stat. § 37-3-108 Plans
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(1) Upon its qualification, the board of directors shall prepare or cause to be prepared a plan for the improvements for which the district was created. Such plan shall include such maps, profiles, plans, and other data and descriptions as may be necessary to set forth properly t…
Colo. Rev. Stat. § 37-3-109 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. § 37-3-110 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 said contract to the lowest or best bidder who gives a g…
Colo. Rev. Stat. § 37-3-111 Surveys and investigation
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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 may make such surveys and examinations of rainfall and flood conditions, streamflow…
Colo. Rev. Stat. § 37-3-112 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, and with the state government of this or other states…
Colo. Rev. Stat. § 37-3-113 Access to lands - penalty
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The board of directors of any district organized under articles 1 to 8 of this title, or its employees or agents, including contractors and their employees and the members of the board of appraisers provided for in article 4 of this title, and their assistants, may enter upon lan…
Colo. Rev. Stat. § 37-3-114 Removal of structures
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(1) For the accomplishment of the official plan, the board of directors of any district has full power to improve in alignment, section, grade, location, or any other manner any watercourse, and it may remove, widen, lengthen, lower, raise, or otherwise change any public or priva…
Colo. Rev. Stat. § 37-3-115 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. § 37-3-116 Condemnation under general law
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The district shall also have the right, instead of having appraisals made by the board of appraisers, to condemn for the use of the district, according to the procedure provided by articles 1 to 7 of title 38, C.R.S., for the appropriation of land or other property taken for publ…
Colo. Rev. Stat. § 37-3-117 Dominant right of eminent domain
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(1) The district, when necessary for the purposes of articles 1 to 8 of this title, has a dominant right of eminent domain over the right of eminent domain of railroad, telegraph, telephone, gas, water power, and other companies and corporations and over towns, cities, counties, …
Colo. Rev. Stat. § 37-4-100.3 Definitions
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As used in this article 4, unless the context otherwise requires: (1) Appraisers or board of appraisers means the three court-appointed commissioners whose duties are described in section 37-4-101. Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2099, � 296, effec…
Colo. Rev. Stat. § 37-4-101 Appointment of appraisal commissioners
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At the time of making its order organizing the district or at any time thereafter, the court shall appoint three commissioners, whose duties shall be to appraise the lands or other property within and without the district to be acquired for rights-of-way, reservoirs, and other wo…
Colo. Rev. Stat. § 37-4-102 Appraisals
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(1) During the preparation of the official plan, the board of appraisers shall examine and become acquainted with the nature of the plans for the improvement and of the lands and other property affected thereby, in order that they may be better prepared to make appraisals. (2) Wh…
Colo. Rev. Stat. § 37-4-103 Land affected outside the district
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If the appraisers find that land not embraced within the boundaries of the district will be affected by the proposed improvement or should be included in the district, they shall appraise the benefits and damages to such land, and shall file notice in the court of the appraisal w…
Colo. Rev. Stat. § 37-4-104 Notice of hearing on land excluded from or taken into district
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If the report of the board of appraisers includes recommendations that other lands be included in the district or that certain lands be excluded from the district, it is the duty of the clerk of the court before which the proceeding is pending, upon order of the court, to give no…
Colo. Rev. Stat. § 37-4-105 Report of appraisal commissioners
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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 conservancy appraisal record. Such record (Schedule Form VI) shall contain the names of the owners of property appraised as they appear o…
Colo. Rev. Stat. § 37-4-106 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 (Schedule Form VII) in each county in the conservancy district. It shall not be necessary for said…
Colo. Rev. Stat. § 37-4-107 Hearing on appraisals
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Any property owner may accept the appraisals in his favor of benefits and of damages and of lands to be taken, as made by the appraisers, or may acquiesce in their failure to appraise damages in his favor, and shall be construed to have done so unless, within ten days after the l…
Colo. Rev. Stat. § 37-4-108 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, then the court shall approve and confirm said app…
Colo. Rev. Stat. § 37-4-109 Appeals from awards
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(1) Any person or public or private corporation desiring to appeal from an award of the appraisers as to compensation, damages, or benefits shall, within ten days from the judgment of the court confirming the report of the appraisers, file with the clerk of the court a written no…
Colo. Rev. Stat. § 37-4-110 Entry after deposit of award
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No property shall be taken under articles 1 to 8 of this title until just compensation has been paid according to law. But where a trial by jury is demanded under section 37-4-109, the board of directors may pay into court the amount allowed by the appraisers, with the costs, and…
Colo. Rev. Stat. § 37-4-111 Filing decree
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(1) Upon the entry of the order of the court approving the report of the appraisers, as provided for in articles 1 to 8 of this title, the clerk of 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 t…
Colo. Rev. Stat. § 37-4-112 Appeals shall not delay proceedings
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(1) No appeal from an award by the appraisers under articles 1 to 8 of this title shall be permitted to interrupt or delay any action or the prosecution of any work under articles 1 to 8 of this title, except where the appellant is entitled to a jury trial under the constitution …
Colo. Rev. Stat. § 37-4-113 Change of official plan
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(1) The board of directors may at any time when necessary to fulfill the objects for which the district was created alter or add to the official plan, and when such alterations or additions are formally approved by the board and by the court and are filed with the secretary, they…
Colo. Rev. Stat. § 37-4-114 Lands exempt and later liable to assessment
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If any lands in any district organized under articles 1 to 8 of this title are not liable to assessment at the time of the execution of the work, but afterwards, during the period when such work is being paid for, become liable to assessment, such lands shall thereupon be apprais…
Colo. Rev. Stat. § 37-4-115 Subsequent appraisals
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In case any property within or without any district is benefited, which for any reason was not appraised in the original proceedings, or was not appraised to the extent of benefits received, or in case any person or public corporation makes use of or profits by the works of any d…
Colo. Rev. Stat. § 37-4-116 Validation of irregular proceedings
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(1) No fault in any notice or other proceeding shall affect the validity of any proceeding under articles 1 to 8 of this title except to the extent to which it can be shown that such fault resulted in a material denial of justice to the property owner complaining of such fault. (…
Colo. Rev. Stat. § 37-5-101 Funds - definitions
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(1) The moneys of every conservancy district organized under articles 1 to 8 of this title shall consist of the following separate funds: (a) Preliminary funds means the proceeds of the level rate assessment authorized by section 37-5-102. (b) Construction fund means the proceeds…
Colo. Rev. Stat. § 37-5-102 Preliminary fund
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(1) As soon as any district has been organized under articles 1 to 8 of this title and a board of directors has been appointed and qualified, such board has the authority to fix the amount of an assessment upon the property within the district not to exceed one mill for every dol…