The new era. (Walden, Colo.) 1906-19??, 1907-06-20
MAY iRRIeATE SCHOOL LANDS.
Attorney General Gives Important De.
cision Concerning Colorado
Property.

Property.
Denver-That school lands belong
ing 10 the State Agricultural College
can be included in irrigation districts,
bearing its just proportion Of assess
ments for improvements, is the gist of
an important opinion announced by
Attorney General William H. Dickson.
The opinion was given at the re-
quest of A. M. Hawley, secretary of
the State Board of Agriculture. The
State Agricultural College has several
thousand acres of land in Montezuma
county that it has wished to include in
large irrigation district now being
formed in this county, of which ]. l..
Brush of Greeley is one of the chief
promoters. There was question as
to whether the college had any right
to use its lands in this way, but as they
are totally without water and as their
value would be vastly increased if
placed in an irrigation district, it was
desired to include them in the district
if it could be done legally. The Ques-
ton has been under discussion for
long time. 1t was finally decided to
ask the attorney general for an opin-
ion as to the legality of the PROPOSE
ton.
One of the important objections
made against the irrigation of the
lands was that the Church bill, under
the provisions of which the district is
being formed, provides for the issuing
of bonds and the assessing and taxing
Of ba ncta 70 in Iictrirt irfi-
gated, and that, as the property of the
state cannot be taxed, the State Board
of Agriculture, on behalf of the state.
could not become a party to the
scheme.
Attorney General Dickson holds that
this is not the proper construction of
the law. The constitutional provisions
of Colorado, he maintains. We're taken
from those of Illinois. and, in legal eff
feet, are identical with those of Hi
nos Therefore he says, the decisions
under the constitution of that state
are controlling in Colorado. He cites
court decisions made in Illinois in
which it is held that assessments for
improvements are not a charge upon
an estate which reduces its value, and
are distinguishable from taxes
THE contemplated assessments in
the case being considered" Mr.. Dick
son says, ARE certainly assessments
for improvements. and for improve
ments vitality necessary, which not
only do not reduce the value of the
land, but give it thu only value it has,
Property Is Not Exempted.
Continuing, he declares:
1T thus will be seen that our con
stitutional provisions do not exempt
this property from the levy of spe-
cial assessments, such as these for
public improvements. And, further,
that, had the Legislature by law ex-
empted such property, the act would
have been void so far as it attempted
to exempt this property from assess
ments for the benefit of such local I'M
| provements.
while there is no direct statutory
enactment authorizing the State Board
of Agriculture to join in the organiza-
ton of the irrigation district, and while
| believe it to be case of first i'm
preston, there being no adjudged case
ON the point, it is my opinion that, in
view of the constitutional and legisla-
tive enactments herein set forth, and
on the authority of adjudications I'M
der Identical provisions, that the State
and that it is its duty to join in the
petition with the resident freeholders
of the district, provided for in sections
1 and 2 of the Church act. 1t is their
duty to take the other necessary
steps provided in the act in order to
include the State Agricultural College
lands in Montezuma county in the irri-
cation district now being formed. 9th
erwise they may be deprived for all
time of the advantages accruing by
the irrigating of these lands
Opinion Affects Only College Land.
The opinion of the attorney general
refers only to the lands owned by the
State Agricultural College. The inhi-
bition, according to the attorney gen
eral, does not necessarily mean that
no other school land could be included
in irrigation districts, but that no
point was raised other than that con-
corning the college directly.
The lands owned by the college that
it is proposed to include in the irriga-
ton district comprise. between 1000
and 5000 acres. 1t is estimated that
their value will be quadrupled and the
revenues of the college therefrom will
be greatly increased AS the land
stands now, without water, it is worth
between $40 and $12 per acre, while
with water rights, it is said, it will be
worth from SIS to 500 per acre. The
college cannot sell the lands, but. when
the irrigation scheme is completed, can
lease at much higher rates than can
re obtained now.