reglab/housing_qa huggingface dataset:
CO Code § 37-5-108 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-108. Power to Borrow Money for the Maintenance Fund

 In anticipation of the collection of maintenance assessments, the board of directors may borrow money at a net effective interest rate determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidence of debt, in this article called ”warrants“, and may pledge, after it has been levied, the said maintenance assessments for the repayment thereof. If any warrant so issued by the board of directors is presented for payment and is not paid for want of funds in the treasury, that fact, with the date of presentation, shall be endorsed on the back of such warrant, which shall thereafter draw interest at the rate specified in the endorsement, not exceeding the net effective interest rate when issued, until such time as there is money on hand sufficient to pay the amount of said warrant with interest.   History. Source: L. 22: P. 56, § 48. C.L. § 9562. CSA: C. 138, § 173. CRS 53: § 30-5-8 . C.R.S. 1963: § 29-5-8 . L. 75: Entire section amended, p. 1364, § 3, effective June 29.
CO Code § 37-5-109 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-109. Readjustment of Maintenance Fund Assessments

  Whenever the owners or representatives of twenty-five percent or more of the acreage or value of the lands in the district file a petition in the court in which the original petition was filed, stating that there has been a material change in the values of the property in the district since the last previous appraisal of benefits, and praying for a readjustment of the appraisal of benefits for the purpose of making a more equitable basis for the levy of the maintenance fund assessment, the court shall by order fix a time and place for a hearing thereon, and thereupon the clerk of the court shall give notice by publication of the filing of and hearing upon said petition, in such manner as the court shall provide in the order for such hearing.    Upon the hearing of said petition, if said court finds that there has been a material change in the value of property in said district since the last previous appraisal of benefits, the court shall order that there be a readjustment of the appraisal of benefits for the sole purpose of providing a basis upon which to levy the maintenance assessments of said district. Thereupon the court shall direct the appraisers of the conservancy district to make such readjustment of appraisals in the manner provided in articles 1 to 8 of this title, and said appraisers shall make their report, and the same proceedings shall be had thereon, as nearly as may be, as are provided in this article for the appraisal of benefits accruing for original construction; except that in making the readjustment of the appraisal of benefits said appraisal shall not be limited to the aggregate amount of the original or any previous appraisal of benefits, and after the making of such readjustment, the limitation of the annual maintenance assessment to one percent of the total appraised benefits shall, unless otherwise ordered by the court, apply to the amount of benefits as readjusted; and except that there shall be no such readjustment of benefits oftener than once in ten years.     History. Source: L. 22: P. 57, § 49. C.L. § 9563. CSA: C. 138, § 174. CRS 53: § 30-5-9 . C.R.S. 1963: § 29-5-9 .
CO Code § 37-5-112 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-112. Collection by Civil Action

 In addition to all other remedies for collection of assessments provided by this article, and cumulative therewith, the conservancy district may at any time after three years from the issuance of any certificate of purchase held by the district bring a civil action to foreclose the lien for assessments represented by all certificates of purchase held by the district with respect to the same land and for other relief with respect to such land as provided by the Colorado rules of civil procedure then in effect for the foreclosure of liens on real property; but no statute of limitation shall be applicable to the rights of the conservancy district arising from any assessment; and no decree, or sale of lands thereunder, shall be made except subject to the lien of future unpaid installments of assessments. The county treasurer shall be made a party to any action of the conservancy district authorized by this section.   History. Source: L. 45: P. 542, § 2. CSA: C. 138, § 175(2). CRS 53: § 30-5-12 . C.R.S. 1963: § 29-5-12 .
CO Code § 37-5-113 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-113. Bond of County Treasurer

 Before receiving the assessment record, the treasurer of each county in which lands or other property of the district is located shall execute to the conservancy district a bond with at least two good and sufficient sureties, or a corporate surety company, the cost of which shall be paid by the district in a sum not less than the probable amount to be collected by him, and which he may have in his custody for the district at any one time, during any one year, the amount of which said bond shall be fixed by order of the district court based thereon, conditioned that said treasurer shall, as provided in this article, pay over and account for all assessments so collected by him. Said bond after approval by the board of directors shall be deposited with the secretary of the district who shall be custodian thereof, and who shall produce the same for inspection and use as evidence whenever and wherever lawfully required to do so.   History. Source: L. 22: P. 60, § 51. C.L. § 9565. L. 31: P. 215, § 1. CSA: C. 138, § 176. CRS 53: § 30-5-13 . C.R.S. 1963: § 29-5-13 .
CO Code § 37-5-114 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-114. Lien of Conservancy Assessments

 All conservancy assessments provided for in articles 1 to 8 of this title, together with all interest thereon and all penalties for default in payment of the same and all costs in collecting the same, shall, from the date of filing the certificate of the preliminary fund assessment with the board of county commissioners, and the construction fund assessment record and maintenance fund assessment record, mentioned in this article, in the office of the treasurer of the county wherein the lands and properties are situated, until paid, constitute a perpetual lien on said lands and property on a parity with the tax lien for general state, county, city, town, or school taxes, and no sale of such land or property to enforce any general state, county, city, town, or school tax or other lien shall extinguish the perpetual lien of such assessments.   History. Source: L. 22: P. 61, § 52. C.L. § 9566. CSA: C. 138, § 177. L. 45: P. 543, § 3. C.R.S. 53: § 30-5-14 . C.R.S. 1963: § 29-5-14 .
CO Code § 37-5-115 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-115. Assessment Records Prima Facie Evidence

 The record of assessments contained in the respective assessment records of the district shall be prima facie evidence in all courts of all matters therein contained.   History. Source: L. 22: P. 61, § 53. C.L. § 9567. CSA: C. 138, § 178. CRS 53: § 30-5-15 . C.R.S. 1963: § 29-5-15 .
CO Code § 37-5-116 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-116. Remedy for Defective Assessments

 If any assessment made under the provisions of articles 1 to 8 of this title proves invalid, the board of directors shall, by subsequent or amended acts or proceedings, promptly and without delay remedy all defects or irregularities, as the case may require, by making and providing for the collection of new assessments or otherwise.   History. Source: L. 22: P. 61, § 54. C.L. § 9568. CSA: C. 138, § 179. CRS 53: § 30-5-16 . C.R.S. 1963: § 29-5-16 .
CO Code § 37-5-118 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-118. Penalty for Failure of Treasurer to Pay Over Tax

 If any county treasurer or other person entrusted with the collection of any assessment made under the provisions of articles 1 to 8 of this title refuses, fails, or neglects to make prompt payment of the assessments, or any part thereof, collected under said articles to the treasurer of the district upon his presentation of a proper demand, then he shall pay a penalty of ten percent on the amount of his delinquency. Such penalty shall become due and payable at once, and both he and his sureties shall be liable therefor on his bond as provided for in said articles.   History. Source: L. 22: P. 63, § 56. C.L. § 9570. CSA: C. 138, § 181. CRS 53: § 30-5-18 . C.R.S. 1963: § 29-5-18 .
CO Code § 37-5-119 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-119. Surplus Funds and Annual Reports

  Any surplus funds in the treasury of the district may be used for retiring bonds, reducing the rate of assessment, or for accomplishing any other of the legitimate objects of the district.    At least once a year, or oftener if the court orders, the board of directors shall make a report to the court of its proceedings and an accounting of receipts and disbursements to that date, which shall be filed with the clerk of the court. Thereupon, the court shall order the auditing of said accounts by competent public accountants, who shall file their report thereon with the clerk of the court.     History. Source: L. 22: P. 63, § 57. C.L. § 9571. CSA: C. 138, § 182. CRS 53: § 30-5-19 . C.R.S. 1963: § 29-5-19 .
CO Code § 37-5-120 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-120. Compensation of Officials

  Each member of the board of directors shall receive for attendance at each meeting a sum fixed by order of the court and shall receive such sum per day and his necessary expenses for the time actually employed in the performance of his duties.    When the interests of the district so require, the board of directors by resolution may designate one of its members as executive director in charge of construction, maintenance, and the general business affairs of the district and fix a reasonable monthly compensation therefor in proportion to the per diem rate and in lieu thereof as to the director so designated. Such executive director shall be at all times subject to the direction of the board of directors.    Each appraiser, including temporary special appraisers, shall receive a sum per day to be approved by the court for the time actually employed in the performance of his duties.    Each county treasurer shall retain for his services one percent of the amount collected by him on assessments, except assessments paid by public corporations, but all other services required of courts, county treasurers, or other public officers under articles 1 to 8 of this title shall be performed as part of their official duties, and without additional compensation.     History. Source: L. 22: P. 63, § 58. C.L. § 9572. CSA: C. 138, § 183. L. 45: P. 543, § 4. CRS 53: § 30-5-20 . L. 61: P. 297, § 1. C.R.S. 1963: § 29-5-20 .
CO Code § 37-6-101 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 6 - Intercorporate Relations and Jurisdiction|§ 37-6-101. Lands in More Than One District

  The same land may be included in more than one district and be subject to the provisions of articles 1 to 8 of this title for each district in which it may be included; but no district shall be organized under articles 1 to 8 of this title in whole or in part within the territory of a district already organized under said articles until the court having jurisdiction of the original conservancy district determines, upon application, whether the purposes of said articles will best be accomplished by the organization of an additional district or whether such conditions demand that the territory proposed to be organized into an additional district shall be organized as part of the existing district. Such application shall fulfill all the requirements of a petition for a district as set forth in section 37-2-102.    Upon application, if the court determines that the organization of such territory as a part of the original district should not be ordered, then proceedings may be had before any court of competent jurisdiction for the formation of an additional district in accordance with the provisions of articles 1 to 8 of this title. Any person whose signature has been subscribed to said application may within ten days after such decision withdraw his signature therefrom, and if at the expiration of said period there remain sufficient subscribers to said petition to satisfy the requirements of section 37-2-102, and in case such court determines that the territory described in such application, if organized for the purpose of a conservancy district, should be included within the original district, like proceedings shall thereupon be had with respect to the territory and the owners thereof as in the case of a petition for the formation of a district. Upon the hearing, if it appears that the purpose of articles 1 to 8 of this title would be subserved by the organization of such territory as part of the original district, the court shall by its findings, duly entered of record, enter a decree accordingly.     History. Source: L. 22: P. 64, § 59. C.L. § 9573. CSA: C. 138, § 184. CRS 53: § 30-6-1 . C.R.S. 1963: § 29-6-1 .
CO Code § 37-6-103 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 6 - Intercorporate Relations and Jurisdiction|§ 37-6-103. Subdistricts

  Whenever it is desired to construct improvements wholly within or partly within and partly without any district organized under articles 1 to 8 of this title, which improvements will affect only a part of said district, for the purpose of accomplishing such work, subdistricts may be organized upon petition of the owners of real property, within or partly within and partly without the district, which petition shall fulfill the same requirements concerning the subdistricts as the petition outlined in section 37-2-102 is required to fulfill concerning the organization of the main district and shall be filed with the clerk of the district court and shall be accompanied by a bond as provided for in section 37-2-103. All proceedings relating to the organization of such subdistricts shall conform in all things to the provisions of said articles relating to the organization of districts. Whenever the court by its order duly entered of record declares and decrees the subdistricts to be organized, the clerk of said court shall thereupon give notice of such order to the directors of the district, who shall thereupon act also as directors of the subdistrict. Thereafter, the proceedings in reference to the subdistrict shall in all matters conform to the provisions of said articles; except that, in the appraisal of benefits and damages for the purposes of such subdistricts, in the issuance of bonds, in the levying of assessments, and in all other matters affecting only the subdistrict, the provisions of said articles shall apply to the subdistrict as though it were an independent district, and it shall not, in these things, be amalgamated with the main district.    The board of directors, board of appraisers, chief engineer, attorney, secretary, and other officers, agents, and employees of the district shall, insofar as it may be necessary, serve in the same capacities for such subdistrict, and contracts and agreements between the main district and subdistrict may be made in the same manner as contracts and agreements between two districts. The distribution of administration expense between the main district and subdistrict shall be in proportion to the interests involved and the amount of service rendered, such division to be made by the board of directors with the right of appeal to the court establishing the district. This section shall not be held to prevent the organization of independent districts for local improvements under other laws within the limits of a district organized under articles 1 to 8 of this title.     History. Source: L. 22: P. 67, § 61. C.L. § 9575. CSA: C. 138, § 186. CRS 53: § 30-6-3 . C.R.S. 1963: § 29-6-3 .
CO Code § 37-6-104 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 6 - Intercorporate Relations and Jurisdiction|§ 37-6-104. Remedy for Injury by a District

  In case any person or public corporation, within or without any district organized under articles 1 to 8 of this title, may be injuriously affected with respect to property rights in any manner whatsoever by any act performed by any official or agent of such district, or by the execution, maintenance, or operation of the official plan, and except as otherwise provided in article 10 of title 24, C.R.S., and in case no other method of relief is offered under articles 1 to 8 of this title, the remedy shall be as follows: The person or public corporation seeking relief shall petition the court before which said district was organized for an appraisal of damages sufficient to compensate for such injuries. The court shall thereupon direct the board of appraisers of the district to appraise said damages and injuries and to make a report to the court on or before the time named in the order of the court. Upon the filing of such report, the court shall cause notice to be given to the petitioner and to the directors of the district of a hearing on said report. At the time of such hearing, the court shall consider said report of said appraisers and may ratify said report or amend it as the court may deem equitable or may return it to the said board of appraisers and require them to prepare a new report. Upon the filing of an order of the court approving said report of said appraisers, with such modifications as it may have made, said order shall constitute a final adjudication of the matter, unless it is appealed in the manner provided in this article, within twenty days.    Appeal from said order to a jury may be had as provided in this article, in case of condemnation proceedings, by the petitioners, by the directors of the district, or by any person or corporation adversely affected by the report of the appraisers. No damages shall be allowed under this section which would not otherwise be allowed by law; but nothing in this section shall be construed to deprive any person or public corporation of the remedy of injunction in the case of prospective irreparable injury.     History. Source: L. 22: P. 68, § 62. C.L. § 9576. CSA: C. 138, § 187. CRS 53: § 30-6-4 . C.R.S. 1963: § 29-6-4 . L. 71: P. 1212, § 4.
CO Code § 37-7-101 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 7 - Police Powers and Regulations|§ 37-7-101. District Protection

 The board of directors has the right to police and protect the works of the district, to prevent persons, vehicles, or livestock from passing over the works of the district, and to prevent the doing of any act which would result in damage thereto.   History. Source: L. 22: P. 69, § 63. C.L. § 9577. CSA: C. 138, § 188. CRS 53: § 30-7-1 . C.R.S. 1963: § 29-7-1 .
CO Code § 37-7-102 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 7 - Police Powers and Regulations|§ 37-7-102. Injury to Survey Marks - Penalty

 The willful destruction, injury, or removal of any bench marks, witness marks, stakes, or other reference marks, placed by the surveyors or engineers of the district or by contractors in constructing the works of the district, is a misdemeanor, punishable by a fine of not more than one hundred dollars. The original field notes of surveys shall be the permanent property of the district.   History. Source: L. 22: P. 69, § 64. C.L. § 9578. CSA: C. 138, § 189. CRS 53: § 30-7-2 . C.R.S. 1963: § 29-7-2 .
CO Code § 37-7-103 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 7 - Police Powers and Regulations|§ 37-7-103. Liability for Damages - Penalty - Jurisdiction

  All persons and corporations, public or private, shall be liable for damages done to works of the district by themselves, their agents, or their employees or by their livestock. Any person guilty of willful damage is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars and costs and shall be liable for all damages and costs. The board of directors has authority to repair such damage at the expense of the person or corporation causing the same.    In all cases declared misdemeanors by articles 1 to 8 of this title, the county court of the county in which the offense is committed has jurisdiction thereof and, upon complaint being made as required by law, may issue a warrant directed to any proper officer of his county for the arrest of any person so charged with such misdemeanor, and, upon the arrest of such person, the county judge before whom such person is brought for trial shall hear and determine the cause and, if he finds the accused guilty, shall assess the fine as prescribed in articles 1 to 8 of this title.     History. Source: L. 22: P. 69, § 65. C.L. § 9579. CSA: C. 138, § 190. CRS 53: § 30-7-3 . C.R.S. 1963: § 29-7-3 . L. 64: P. 220, § 43.
CO Code § 37-7-104 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 7 - Police Powers and Regulations|§ 37-7-104. Penalty for Fraud

 The making of profit, directly or indirectly, by any officer of any district organized under articles 1 to 8 of this title or by any other public officer within the state out of any contracts entered into by the district or the use of any money belonging to the district by loaning it or otherwise using it or by depositing the same in any manner contrary to law or by removal of any money by any such officer or with his or her consent and placing it elsewhere than is prescribed either by law or by the official acts of the board of directors for the purpose of profit is prohibited. Any person who violates this section commits a class 6 felony and shall be punished as provided in section 18-1.3-401 , C.R.S., and the officer offending shall be liable personally and upon his or her official bond for all losses to such district and for all profits realized by such unlawful use of moneys.   History. Source: L. 22: P. 70, § 66. C.L. § 9580. CSA: C. 138, § 191. CRS 53: § 30-7-4 . C.R.S. 1963: § 29-7-4 . L. 77: Entire section amended, p. 884, § 64, effective July 1, 1979. L. 89: Entire section amended, p. 850, § 133, effective July 1. L. 2002: Entire section amended, p. 1553, § 333, effective October 1.    Editor's note:   The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).   Cross references:   For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.