CO Code § 37-45-114 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 45 - Water Conservancy Districts|§ 37-45-114. Appointment of Board of Directors

     , regarding geographical and population criteria for appointment, shall not apply to districts which were created pursuant to this article prior to July 1, 1985, unless the court enters an order pursuant to paragraph (d) of this subsection (1).    At the expiration of their respective terms of office as fixed by the court, appointments of one-third of the board, to the nearest whole number, shall be made by said court for terms of one year; a like number shall be appointed for terms of two years; and the remainder shall be appointed for terms of four years. Thereafter all appointments of directors shall be for terms of four years. The court shall fill, for the duration of the unexpired term, any vacancy which may occur on the board. Each director shall hold office during the term for which he is appointed and until his successor is duly appointed and has qualified and shall furnish a corporate surety bond at the expense of the district, in the amount and form fixed and approved by the court, conditioned for the faithful performance of his duties as such director.    In the event that any water conservancy district extends into two or more judicial districts, or any parts thereof, the directors of such water conservancy district shall be appointed by the presiding district judges of all such judicial districts, who, sitting en banc, shall constitute ”the court“ for purposes of this paragraph (c) and paragraph (a) of this subsection (1). In the event of a disagreement regarding appointees, the presiding judge of each judicial district shall appoint the directors from each eligible county within his judicial district.    The court which entered the organizational decree of a district created before July 1, 1985, may reopen the organizational decree in accordance with this subsection (1). If a petition to reopen any such organizational decree is filed with the court in which the decree was originally entered, such petition shall be signed by the board of directors in its discretion or by the owners of ten percent of the allocation of a district's water supply or by ten percent of the registered electors who have resided within the district for a period of one year and who are owners of real property within the district. The court shall promptly conduct a hearing for the limited purpose of reviewing and revising the organizational decree, if necessary to meet the criteria of paragraph (a) of this subsection (1), to specify the number of directors from each county according to the criteria of paragraph (a) of this subsection (1). After the initial reopening and revision of a decree under the provisions of this subsection (1), such decree may be reopened and revised only once every ten years if necessary to reflect the criteria of paragraph (a) of this subsection (1). Any revision to the decree shall take effect upon entry, but no provision of the revised decree shall remove a director then serving prior to the expiration of his term. A director whose term expires after a proper petition has been filed pursuant to this paragraph (d) shall continue to serve, and the court shall make no appointment of a successor director until such time as a revised organizational decree is entered pursuant to this paragraph (d) or until the court makes a determination that no revision is necessary. The revised decree shall stagger the terms of the directors so that no more than one-third of the terms of the directors shall expire in any given year.    Upon petition or upon its own motion, the court may remove any director of a district board for malfeasance, misfeasance, willful neglect of duty, or any other cause which renders such director incapable or unfit to perform the duties of his office. Such action for removal of a director shall occur after notice and a public hearing, unless such notice and hearing is expressly waived in writing by the challenged director.       In the event that a petition, signed by not fewer than ten percent of the registered electors residing in a county, or portion of a county entitled to a director, of a water conservancy district, which electors, for the purpose of this subsection (2), are those persons entitled to vote in general elections, praying for the election of a director from that county to fill the term of office of the specified director from that county then about to expire, in lieu of the appointment thereof by the court, shall be filed with the clerk of the court at any time prior to ninety days preceding the expiration date of the term of office of such director appointed by the court, the court shall order the holding of an election in the county, or portion of a county entitled to a director, in the district for the purpose of filling the vacancy to be caused by the expiration of the term of office of the director so about to expire in lieu of the appointment of a successor by the court as provided in subsection (1) of this section.    Upon the entry of such order by the court, the clerk of the court shall prepare a certified copy of such order and file the same with the board of directors which shall thereafter provide for the holding of such election for the election of such member of the board of directors in accordance with the provisions of section 37-45-139.    Any director so elected shall have the qualifications required for members of the board of directors appointed by the court and shall furnish like bond as required of directors appointed by the court under subsection (1) of this section.    The call of such election shall be published as required by the provisions of section 37-45-140, and such election and the canvass of returns thereof shall be held in pursuance of the provisions of section 37-45-141.    Repealed.     History. Source: L. 37: P. 1322, § 9. CSA: C. 173B, § 23. L. 45: P. 721, § 1. L. 49: Pp. 735, 736, §§ 1, 2. CRS 53: § 149-6-9. C.R.S. 1963: § 150-5-9. L. 64: P. 835, § 1. L. 75: (1)(b) amended, p. 1366, § 1, effective July 1. L. 85: (1)(a), (1)(c), and (2) amended, (1)(d) and (1)(e) added, and (6) repealed, pp. 1147, 1150, §§ 1, 3, effective June 6. L. 96: (2) amended, p. 1036, § 1, effective May 23. History. Source: L. 37: P. 1322, § 9. CSA: C. 173B, § 23. L. 45: P. 721, § 1. L. 49: Pp. 735, 736, §§ 1, 2. CRS 53: § 149-6-9. C.R.S. 1963: § 150-5-9. L. 64: P. 835, § 1. L. 75: (1)(b) amended, p. 1366, § 1, effective July 1. L. 85: (1)(a), (1)(c), and (2) amended, (1)(d) and (1)(e) added, and (6) repealed, pp. 1147, 1150, §§ 1, 3, effective June 6. L. 96: (2) amended, p. 1036, § 1, effective May 23.    ANNOTATION   Board of directors of water conservation district is subject to the elective process, if steps are taken by the electors of the district as provided for in this section. Thus, if the electorate is dissatisfied with the operation of the district, they may demonstrate their discontent by exercising their right to initiate the elective process. Matthews v. Tri-County Water Conservancy Dist., 200 Colo. 202 , 613 P.2d 889 (1980).   The plain language of the statute provides that holdover directors serve until their successors are duly appointed and qualified; therefore, an application for a finding of reasonable diligence filed pursuant to a vote by a water conservancy district's board taken when less than a majority of the board's directors were serving unexpired terms cannot be challenged on the basis that the board lacked a quorum. Yellow Jacket Water Conservancy Dist. v. Livingston, 2013 CO 73, 318 P.3d 454.