reglab/housing_qa huggingface dataset:
CO Code § 37-41-115 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-115. Property - Title

 The title to all property acquired under this article shall immediately and by operation of law vest in such irrigation district in its corporate name, and shall be held by such district in trust for and is hereby dedicated and set apart for the uses and purposes set forth in this article, and shall be exempt from all taxation as provided in section 3 of article X of the state constitution. The board is hereby authorized to hold, use and acquire, manage, occupy, and possess said property as provided in this article; except that when any district contemplated in this article finds it necessary to procure and acquire a supply of water from outside the boundaries of this state, then it shall be lawful for said district to contract and pay for the same in the same manner as other property acquired by the district is purchased and paid for. Any property acquired by the district may be conveyed to the United States insofar as the same may be needed for the construction, operation, or maintenance of works by the United States for the benefit of the district under any contract that may be entered into by the United States pursuant to this article.   History. Source: L. 05: P. 255, § 13. R.S. 08: § 3452. L. 17: P. 297, § 5. C.L. § 1972. CSA: C. 90, § 389. CRS 53: § 149-1-13. C.R.S. 1963: § 150-1-13. History. Source: L. 05: P. 255, § 13. R.S. 08: § 3452. L. 17: P. 297, § 5. C.L. § 1972. CSA: C. 90, § 389. CRS 53: § 149-1-13. C.R.S. 1963: § 150-1-13.    ANNOTATION   The general assembly cannot extend § 3 of art. X, Colo. Const., which exempts from separate taxation ditches, canals, and flumes owned and used by individuals or corporations for irrigating their own lands exclusively. The enactments of such statutes are unauthorized exercises of legislative power, and the portion of this section insofar as it attempts to exempt the property of irrigation districts from taxation, is unconstitutional and void. Logan Irrigation Dist. v. Holt, 110 Colo. 253 , 133 P.2d 530 (1942).   For inability of district to abandon project after expenditures have been made, see Gas Sec. Co. v. Antero & Lost Park Reservoir Co., 259 F. 423 (8th Cir. 1919).
CO Code § 37-41-116 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-116. Conveyances - Suits

  The said board is hereby authorized to take conveyances or assurances for all property acquired by it under the provisions of this article in the name of such irrigation district for the purposes expressed in this article, and to institute and maintain any actions and proceedings, and suits at law or in equity, necessary or proper in order to fully carry out the provisions of this article, or to enforce, maintain, protect, or preserve any rights, privileges, and immunities created by this article or acquired in pursuance thereof. In all courts, actions, suits, or proceedings, the board may sue, appear, and defend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all actions, suits, and judicial proceedings in any court of this state of the organization and existence of any irrigation district of this state from and after the filing for record in the office of the county clerk and recorder of the certified copy of the order of the board of county commissioners mentioned in section 37-41-103. A certified copy of said order shall be prima facie evidence in all actions, suits, and proceedings in any court of this state of the regularity and legal sufficiency of all acts, matters, and proceedings therein recited and set forth.    Any such irrigation district, in regard to which any such order has been entered and such certified copy thereof so filed for record, and which has exercised or shall exercise the rights and powers of such a district, and which shall have in office a board of directors exercising the duties of their office, and the legality or regularity of the formation or organization of which shall not have been questioned by proceedings in quo warranto instituted in the district court of the county in which such district or the greater portion thereof is situated within one year from the date of such filing, shall be conclusively deemed to be a legally and regularly organized, established, and existing irrigation district within the meaning of this article; and its due and lawful formation and organization shall not thereafter be questioned in any action, suit, or proceeding whether brought under the provisions of this article or otherwise.     History. Source: L. 05: P. 255, § 14. R.S. 08: § 3453. C.L. § 1973. CSA: C. 90, § 390. CRS 53: § 149-1-14. C.R.S. 1963: § 150-1-14. History. Source: L. 05: P. 255, § 14. R.S. 08: § 3453. C.L. § 1973. CSA: C. 90, § 390. CRS 53: § 149-1-14. C.R.S. 1963: § 150-1-14.    ANNOTATION   For irrigation districts being subject to rules of civil procedure, see North Sterling Irrigation Dist. v. Dickman, 66 Colo. 8 , 178 P. 559 (1919).
CO Code § 37-41-122 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-122. Other Taxes Must Be Paid

 The owner of such land, at the time of filing such petition and before the order of the board of directors of the district or the decree of court excluding such land from the district goes into effect, shall pay to the county treasurer of the county in which such land is situated all taxes, other than taxes for irrigation district purposes, levied or assessed thereon, together with any interest, penalties, and fees as are or may be by law properly chargeable thereon.   History. Source: L. 15: P. 306, § 2. C.L. § 1996. CSA: C. 90, § 396. CRS 53: § 149-1-20. C.R.S. 1963: § 150-1-20. History. Source: L. 15: P. 306, § 2. C.L. § 1996. CSA: C. 90, § 396. CRS 53: § 149-1-20. C.R.S. 1963: § 150-1-20.
CO Code § 37-41-126 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-126. Claims - Audit - Payment - Financial Report

 Except with respect to claims coming within the provisions of article 10 of title 24, C.R.S., no claims shall be paid by the district treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants shall state the date authorized by the board and for what purposes. If the district treasurer has insufficient funds on hand to pay such warrant when presented for payment, he shall endorse thereon ”not paid for want of funds, this warrant draws interest from date at six percent per annum“, and endorse thereon the date when so presented, over his signature, and from the time of such presentation until paid such warrant shall draw interest at the rate of six percent per annum; but when there is the sum of one hundred dollars or more in the hands of the treasurer, it shall be applied upon said warrant. All claims against the district shall be verified the same as required in the case of claims filed against counties in this state, and the secretary of the district is hereby authorized to administer oaths to the parties verifying said claims the same as the county clerk and recorder or notary public might do. The district treasurer shall keep a register in which he shall enter each warrant presented for payment, showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be paid in the order of their presentation for payment to the district treasurer. All warrants shall be drawn payable to the claimant or bearer, the same as county warrants.   History. Source: L. 05: P. 262, § 24. R.S. 08: § 3463. C.L. § 2002. CSA: C. 90, § 401. CRS 53: § 149-1-25. C.R.S. 1963: § 150-1-25. L. 71: P. 1216, § 16. History. Source: L. 05: P. 262, § 24. R.S. 08: § 3463. C.L. § 2002. CSA: C. 90, § 401. CRS 53: § 149-1-25. C.R.S. 1963: § 150-1-25. L. 71: P. 1216, § 16.    ANNOTATION   The requirement that claims be verified is not mandatory in view of the broad provisions of § 37-41-111 . Interstate Trust Co. v. Steele, 65 Colo. 99 , 173 P. 873 (1918).   The failure to verify claims is not jurisdictional. Interstate Trust Co. v. Steele, 65 Colo. 99 , 173 P. 873 (1918).
CO Code § 37-41-127 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-127. Funds for Expenses

 For purposes of defraying the expenses of the organization of the district, and the care, operation, management, repair, and improvement of all canals, ditches, reservoirs, and works, including salaries of officers and employees, the board may either fix rates of tolls and charges and collect the same of all persons using said canal and water for irrigation or other purposes, and in addition thereto may provide, in whole or in part, for the payment of such expenditures by levy of assessments therefor as provided in section 37-41-123 , or by both tolls and assessment. In case the money raised by the sale of bonds issued is insufficient, and in case bonds are unavailable for the completion of the plans of works adopted, it is the duty of the board of directors to provide for the completion of said plans by levy of an assessment therefor in the same manner in which levy of assessments is made for the other purposes provided for in section 37-41-120 .   History. Source: L. 05: P. 263, § 25. R.S. 08: § 3464. C.L. § 2003. CSA: C. 90, § 402. CRS 53: § 149-1-26. C.R.S. 1963: § 150-1-26. History. Source: L. 05: P. 263, § 25. R.S. 08: § 3464. C.L. § 2003. CSA: C. 90, § 402. CRS 53: § 149-1-26. C.R.S. 1963: § 150-1-26.
CO Code § 37-41-128 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-128. Crossing Streams, Highways, Railroads, State Lands

 The board of directors has the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal may intersect or cross. If such railroad company and said board, or the owners and controllers of said property, thing, or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land for public uses. The right-of-way is hereby given, dedicated, and set apart to locate, construct, and maintain said works or reservoirs over, through, or upon any of the lands which are now or may be the property of the state.   History. Source: L. 05: P. 264, § 26. R.S. 08: § 3465. C.L. § 2004. CSA: C. 90, § 403. CRS 53: § 149-1-27. C.R.S. 1963: § 150-1-27. History. Source: L. 05: P. 264, § 26. R.S. 08: § 3465. C.L. § 2004. CSA: C. 90, § 403. CRS 53: § 149-1-27. C.R.S. 1963: § 150-1-27.
CO Code § 37-41-129 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-129. Limit of Indebtedness - Emergency

 The board of directors or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this article, nor shall they add to the expenditure of any one fiscal year anything over and above the amount provided for in the annual appropriation resolution relating to that year, and any debt or liability incurred in excess of these provisions shall be and remain absolutely void; except that said expenditures may be increased in emergency cases if the same are authorized in writing by a number of district electors equal to one-half the number who voted at the last annual district election.   History. Source: L. 05: P. 264, § 28. R.S. 08: § 3467. L. 15: P. 314, § 1. C.L. § 2006. CSA: C. 90, § 405. CRS 53: § 149-1-29. C.R.S. 1963: § 150-1-29. History. Source: L. 05: P. 264, § 28. R.S. 08: § 3467. L. 15: P. 314, § 1. C.L. § 2006. CSA: C. 90, § 405. CRS 53: § 149-1-29. C.R.S. 1963: § 150-1-29.
CO Code § 37-41-130 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-130. Insufficient Supply - Distribution

 In case the volume of water in any canal, reservoir, or other works in any district shall not be sufficient to supply the continual wants of the entire district susceptible of irrigation therefrom, then it is the duty of the board of directors to distribute all available water upon certain or alternate days to different localities, as it may in its judgment think best for the interests of all parties concerned.   History. Source: L. 05: P. 264, § 29. R.S. 08: § 3468. C.L. § 2007. CSA: C. 90, § 406. CRS 53: § 149-1-30. C.R.S. 1963: § 150-1-30. History. Source: L. 05: P. 264, § 29. R.S. 08: § 3468. C.L. § 2007. CSA: C. 90, § 406. CRS 53: § 149-1-30. C.R.S. 1963: § 150-1-30.    ANNOTATION   If water is insufficient for all, it must be prorated. Norris v. Montezuma Valley Irrigation Dist., 240 F. 825 (D. Colo. 1916 ).
CO Code § 37-41-131 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-131. Compensation for Property Taken

 Nothing contained in this article shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal, or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal, or reservoirs, unless previous compensation is ascertained and paid therefor under the laws of this state, authorizing the taking of private property for public use.   History. Source: L. 05: P. 265, § 30. R.S. 08: § 3469. C.L. § 2008. CSA: C. 90, § 407. CRS 53: § 149-1-31. C.R.S. 1963: § 150-1-31. History. Source: L. 05: P. 265, § 30. R.S. 08: § 3469. C.L. § 2008. CSA: C. 90, § 407. CRS 53: § 149-1-31. C.R.S. 1963: § 150-1-31.
CO Code § 37-41-132 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-132. Boundaries - Change - Effect

 The boundaries of any irrigation district organized under the provisions of this article may be changed in the manner prescribed in sections 37-41-132 to 37-41-148 ; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it was or might become liable or chargeable had such change of its boundaries not been made; except that, in case a contract has been made between the district and the United States as provided in section 37-41-113 , no change shall be made in the boundaries of the district, and the board of directors shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing and such assent is filed with the board of directors.   History. Source: L. 05: P. 265, § 31. R.S. 08: § 3470. L. 17: P. 309, § 13. C.L. § 2009. CSA: C. 90, § 408. CRS 53: § 149-1-32. C.R.S. 1963: § 150-1-32. History. Source: L. 05: P. 265, § 31. R.S. 08: § 3470. L. 17: P. 309, § 13. C.L. § 2009. CSA: C. 90, § 408. CRS 53: § 149-1-32. C.R.S. 1963: § 150-1-32.    ANNOTATION   This and the following sections provide for changing the boundaries of a district after its organization, and allowing, under certain conditions, contiguous territory to be included therein. Montezuma Valley Irrigation Dist. v. Longenbaugh, 54 Colo. 391 , 131 P. 262 (1913).
CO Code § 37-41-133 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-133. Additional Land Admitted - Petition

 The holder of title, or color of title, of any land adjacent to or situated within the boundaries of any irrigation district or irrigable from the ditches, canals, and irrigation works of the district may file with the board of directors of said district a petition in writing, praying that such lands be included in such district. The petition shall describe the tracts or body of land owned by the petitioners, but such description need not be more particular than is required when such lands are entered by the county assessor in the assessment book. Such petition shall be deemed to give the assent of the petitioners to the inclusion in said district of the lands described in the petition, and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.   History. Source: L. 05: P. 265, § 32. R.S. 08: § 3471. L. 11: P. 468, § 1. C.L. § 2010. CSA: C. 90, § 409. CRS 53: § 149-1-33. C.R.S. 1963: § 150-1-33. History. Source: L. 05: P. 265, § 32. R.S. 08: § 3471. L. 11: P. 468, § 1. C.L. § 2010. CSA: C. 90, § 409. CRS 53: § 149-1-33. C.R.S. 1963: § 150-1-33.    ANNOTATION   The effect of a petition by an entryman of the public lands is also to give his assent to such inclusion, when he has earned the right to a patent, and has made no objection either to the formal inclusion of his lands or to the confirmation of the issue of bonds. Nile Irrigation Dist. v. Gas Sec. Co., 248 F. 861 (8th Cir. 1918).
CO Code § 37-41-134 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-134. Notice of Filing - Costs

 The secretary of the board of directors shall cause notice of the filing of such petition to be given and published once each week for three successive weeks in a newspaper published in the county where the office of said board is situate, which shall state the filing of such petition, the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petitioners and that all persons interested may appear at the office of said board at a time named in said notice, and show cause, in writing, why the petition should not be granted. The time specified in the notice at which it shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under such petition before the secretary shall be required to give such notice.   History. Source: L. 05: P. 266, § 33. R.S. 08: § 3472. C.L. § 2011. CSA: C. 90, § 410. CRS 53: § 149-1-34. C.R.S. 1963: § 150-1-34. History. Source: L. 05: P. 266, § 33. R.S. 08: § 3472. C.L. § 2011. CSA: C. 90, § 410. CRS 53: § 149-1-34. C.R.S. 1963: § 150-1-34.
CO Code § 37-41-135 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-135. Hearing of Petition - Assent

 The board of directors, at the time and place mentioned in said notice, or at such time to which the hearing of said petition may adjourn, shall proceed to hear the petition, and all objections thereto, presented in writing by any person, showing cause why said petition should not be granted. The failure of any person interested to show cause, in writing, shall be deemed as an assent on his part to the inclusion of such lands in said district as prayed for in said petition.   History. Source: L. 05: P. 266, § 34. R.S. 08: § 3473. C.L. § 2012. CSA: C. 90, § 411. CRS 53: § 149-1-35. C.R.S. 1963: § 150-1-35. History. Source: L. 05: P. 266, § 34. R.S. 08: § 3473. C.L. § 2012. CSA: C. 90, § 411. CRS 53: § 149-1-35. C.R.S. 1963: § 150-1-35.
CO Code § 37-41-136 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-136. Payment of Pro Rata Assessments

 The board of directors to whom such petition is presented may require, as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated by the board, as petitioners or their grantors would have been required to pay to such district as assessments for the payment of its pro rata share of all bonds and the interest thereon, which may have previously thereto been issued by said district, or for the payment of the pro rata share of the cost of construction under any contract between the district and the United States accompanying which bonds of the district have not been deposited with the United States as provided in this article, had such lands been included in such district at the time the same was originally formed, or when said bonds were so issued, or when said contract with the United States was executed. In case unentered public land is proposed to be annexed to the district, the board of directors of the district, instead of requiring such payment as a condition precedent, may assess such charge against such unentered public land upon the records of the district to be collected in the manner authorized by the act of congress of August 11, 1916.   History. Source: L. 05: P. 266, § 35. R.S. 08: § 3474. L. 17: P. 310, § 14. C.L. § 2013. CSA: C. 90, § 412. CRS 53: § 149-1-36. C.R.S. 1963: § 150-1-36. History. Source: L. 05: P. 266, § 35. R.S. 08: § 3474. L. 17: P. 310, § 14. C.L. § 2013. CSA: C. 90, § 412. CRS 53: § 149-1-36. C.R.S. 1963: § 150-1-36.    ANNOTATION   Payment may be waived. The provision of this section requiring payment by the petitioner is for the benefit of the district, is not a condition precedent, and may be waived by the board. Nile Irrigation Dist. v. Gas Sec. Co., 248 F. 861 (8th Cir. 1918).
CO Code § 37-41-137 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-137. Inclusion or Rejection of Lands - Protest

 The board of directors if it deems it not for the best interests of the district to include therein the lands mentioned in the petition, by order, shall reject the petition, but if it deems it for the best interests of the district that said lands be included, the board may order that the district be so changed as to include therein the lands mentioned in the said petition. The order shall describe the entire boundaries of the district with the lands so included, if the district boundaries are changed thereby, and for that purpose the board may cause a survey to be made of such portion of such boundaries as may be deemed necessary. However, if within thirty days from the making of such order a majority of the qualified electors of the district protest in writing to said board against the inclusion of such lands in said district, said order shall be held for naught, and such lands shall not be included therein. In the case of inclusion of government land according to the provisions of section 37-41-113 , said protest must be made within thirty days of the date of the execution of the contract provided for in said section.   History. Source: L. 05: P. 266, § 36. R.S. 08: § 3475. L. 09: P. 425, § 2. C.L. § 2014. CSA: C. 90, § 413. CRS 53: § 149-1-37. C.R.S. 1963: § 150-1-37. History. Source: L. 05: P. 266, § 36. R.S. 08: § 3475. L. 09: P. 425, § 2. C.L. § 2014. CSA: C. 90, § 413. CRS 53: § 149-1-37. C.R.S. 1963: § 150-1-37.