reglab/housing_qa huggingface dataset:
CO Code § 37-44-138 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-138. Construction Contract - Bond

 After adopting a plan for the construction of reservoirs and works for the protection of life and property and to furnish water for the irrigation of the territory embraced within the boundaries of the internal improvement district, or to drain lands within or without the boundaries of said district, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in the county in which the office of the internal improvement district is located, provided a newspaper is published therein, and in such other newspapers as it may deem advisable, calling for bids for the construction of said works or any portion thereof. If less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. The notice shall set forth that plans and specifications may be seen at the office of the board and that the board shall receive sealed proposals therefor and that the contract will be let to the lowest responsible bidder, stating the time and place for opening the proposals, which bids at said time and place shall be opened in public. As soon as convenient thereafter, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or it may reject any or all bids and readvertise for proposals, or may proceed to construct the work under its own superintendence. Contracts for the purchase of materials shall be awarded to the lowest responsible bidder. The person to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of said contract, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge and shall be approved by the board.   History. Source: L. 35: P. 960, § 6. CSA: C. 138, § 52. CRS 53: § 149-5-36. C.R.S. 1963: § 150-4-36. History. Source: L. 35: P. 960, § 6. CSA: C. 138, § 52. CRS 53: § 149-5-36. C.R.S. 1963: § 150-4-36.
CO Code § 37-44-139 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-139. Claims - Audit - Payment

 Except with respect to claims coming within the provisions of article 10 of title 24, C.R.S., no claim shall be paid by the district treasurer until the same is 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 not sufficient money on hand to pay such warrant when it is 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 such warrant shall draw interest at the rate of six percent per annum. All claims against the district shall be verified, and the secretary of the district is authorized to administer oaths to the parties verifying said claims, the same as a notary public might do. The district treasurer shall keep a register in which he shall enter said warrants presented for payment, showing the date and amount of such warrants, to whom payable, the date of presentation for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be paid in their order of presentation for payment to the district treasurer. All warrants shall be drawn payable to bearer the same as for county warrants.   History. Source: L. 23: P. 514, § 37. CSA: C. 138, § 53. CRS 53: § 149-5-37. C.R.S. 1963: § 150-4-37. L. 71: P. 1217, § 18. L. 75: Entire section amended, p. 223, § 80, effective July 16. L. 76: Entire section amended, p. 311, § 59, effective May 20. History. Source: L. 23: P. 514, § 37. CSA: C. 138, § 53. CRS 53: § 149-5-37. C.R.S. 1963: § 150-4-37. L. 71: P. 1217, § 18. L. 75: Entire section amended, p. 223, § 80, effective July 16. L. 76: Entire section amended, p. 311, § 59, effective May 20.
CO Code § 37-44-140 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-140. Expenses of Organization

 For the purpose of defraying the expenses of the organization of the district, and the repair, operation, management, and improvement of all reservoirs, inlet works, outlet works, drainage works, canals, and works for the protection of life and property from floods, washing, and inundation, including salaries of officers and employees, the board may provide, in whole or in part, for the payment of such expenditures by levy of assessments therefor as provided in section 37-44-119 , if the money raised by the sale of bonds issued is insufficient. In case bonds are unavailable for the completion of the plans of works adopted, the board of directors may 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 other purposes.   History. Source: L. 23: P. 515, § 38. L. 35: P. 961, § 7. CSA: C. 138, § 54. CRS 53: § 149-5-38. C.R.S. 1963: § 150-4-38. History. Source: L. 23: P. 515, § 38. L. 35: P. 961, § 7. CSA: C. 138, § 54. CRS 53: § 149-5-38. C.R.S. 1963: § 150-4-38.
CO Code § 37-44-141 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-141. Works May Cross Other Lands

 The board of directors has the dominant power to construct said works across any stream of water, watercourses, street, avenue, highway, railway, canal, ditch, or flume which intersects or crosses the area covered by such works or reservoir site, and, if said board and such railroad company 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 crossing, 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 the property of the state.   History. Source: L. 23: P. 515, § 39. CSA: C. 138, § 55. CRS 53: § 149-5-39. C.R.S. 1963: § 150-4-39. History. Source: L. 23: P. 515, § 39. CSA: C. 138, § 55. CRS 53: § 149-5-39. C.R.S. 1963: § 150-4-39.
CO Code § 37-44-142 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-142. Officers' Compensation

 The directors shall receive a salary at the rate of four dollars per day while attending meetings and for each day necessarily spent in attending to the business of the district and their actual and necessary expenses while engaged in official business. The salary of the secretary shall not exceed fifteen hundred dollars per annum. No director or any officer named in this article shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board or in the profits to be derived therefrom, nor shall he or she receive any bonds, gratuity, or bribe; and for the violation of this provision such officer commits a class 6 felony and shall be punished as provided in section 18-1.3-401 , C.R.S. He or she shall also forfeit his or her office upon conviction.   History. Source: L. 23: P. 516, § 40. CSA: C. 138, § 56. CRS 53: § 149-5-40. C.R.S. 1963: § 150-4-40. L. 77: Entire section amended, p. 885, § 69, effective July 1, 1979. L. 89: Entire section amended, p. 851, § 138, effective July 1. L. 2002: Entire section amended, p. 1554, § 338, effective October 1. History. Source: L. 23: P. 516, § 40. CSA: C. 138, § 56. CRS 53: § 149-5-40. C.R.S. 1963: § 150-4-40. L. 77: Entire section amended, p. 885, § 69, effective July 1, 1979. L. 89: Entire section amended, p. 851, § 138, effective July 1. L. 2002: Entire section amended, p. 1554, § 338, 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.
CO Code § 37-44-143 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-143. Limit of Indebtedness

 The board of directors, or other officers of the district, shall have no power to incur any debt or liability, either by issuing bonds or otherwise, in excess of the express provisions of this article, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void.   History. Source: L. 23: P. 516, § 41. CSA: C. 138, § 57. CRS 53: § 149-5-41. C.R.S. 1963: § 150-4-41. History. Source: L. 23: P. 516, § 41. CSA: C. 138, § 57. CRS 53: § 149-5-41. C.R.S. 1963: § 150-4-41.
CO Code § 37-44-144 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-144. Insufficient Supply

 In case the volume of storage water from the reservoir or other works in any district shall not be sufficient to supply the continual wants of that portion of the district requiring reservoir water, then it is the duty of the board of directors to distribute all water available on certain or alternate days to different localities in proportion to the benefits for which the respective lands in said district have been assessed.   History. Source: L. 23: P. 516, § 42. CSA: C. 138, § 58. CRS 53: § 149-5-42. C.R.S. 1963: § 150-4-42. History. Source: L. 23: P. 516, § 42. CSA: C. 138, § 58. CRS 53: § 149-5-42. C.R.S. 1963: § 150-4-42.
CO Code § 37-44-145 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-145. Judicial Action on Bonds

 The board of directors of an internal improvement district organized under the provisions of this article may commence special proceedings, by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of the district, whether said bonds have or have not been sold or disposed of, may be judicially examined, approved, and confirmed.   History. Source: L. 23: P. 517, § 43. CSA: C. 138, § 59. CRS 53: § 149-5-43. C.R.S. 1963: § 150-4-43. History. Source: L. 23: P. 517, § 43. CSA: C. 138, § 59. CRS 53: § 149-5-43. C.R.S. 1963: § 150-4-43.
CO Code § 37-44-146 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-146. Petition for Confirmation

 The board of directors shall present to the district court in which the organization of the district was elected, a petition, praying, in effect, that the proceedings may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings had for the issue and sale of said bonds and shall state generally that the internal improvement district was duly organized and that the first board of directors was duly elected; but the petition need not state the facts showing such organization of the district or the election of said first board of directors.   History. Source: L. 23: P. 517, § 44. CSA: C. 138, § 60. CRS 53: § 149-5-44. C.R.S. 1963: § 150-4-44. History. Source: L. 23: P. 517, § 44. CSA: C. 138, § 60. CRS 53: § 149-5-44. C.R.S. 1963: § 150-4-44.
CO Code § 37-44-147 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-147. Notice of Hearing

 [Form Excluded]   History. Source: L. 23: P. 517, § 45. CSA: C. 138, § 61. CRS 53: § 149-5-45. C.R.S. 1963: § 150-4-45. History. Source: L. 23: P. 517, § 45. CSA: C. 138, § 61. CRS 53: § 149-5-45. C.R.S. 1963: § 150-4-45.
CO Code § 37-44-148 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-148. Answer or Pleading

 Any person interested in said district, or in the issue or sale of said bonds, may move to dismiss or to answer said petition. The Colorado rules of civil procedure respecting motions to dismiss and answer to a verified complaint shall be applicable to a motion to dismiss and answer said petition. The person so moving or answering said petition shall be the defendant to the special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specifically contradicted by the answer for the purpose of said special proceedings shall be taken as true, and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice relating to appeals and appellate review as provided by law and the Colorado appellate rules which are not inconsistent with the provisions of this article are applicable to the special proceedings.   History. Source: L. 23: P. 518, § 46. CSA: C. 90, § 62. CRS 53: § 149-5-46. C.R.S. 1963: § 150-4-46. History. Source: L. 23: P. 518, § 46. CSA: C. 90, § 62. CRS 53: § 149-5-46. C.R.S. 1963: § 150-4-46.
CO Code § 37-44-149 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 44 - Internal Improvement Districts Law of 1923|§ 37-44-149. Determination

 Upon the hearing of such special proceedings, the court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed and shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, the proceedings for the organization of said district, from and including the petition for the organization of the internal improvement district, and all other proceedings which may affect the legality and validity of said bonds and the order of sale and the sale thereof. The court, inquiring into the regularity, legality, or correctness of said proceedings, must disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to such special proceedings. The court by decree may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The cost of the special proceedings may be allowed and apportioned between the parties, in the discretion of the court. Appeals for review of judgments of the district court may issue as provided by law and the Colorado appellate rules as in other civil cases.   History. Source: L. 23: P. 519, § 47. CSA: C. 138, § 63. CRS 53: § 149-5-47. C.R.S. 1963: § 150-4-47. History. Source: L. 23: P. 519, § 47. CSA: C. 138, § 63. CRS 53: § 149-5-47. C.R.S. 1963: § 150-4-47.
CO Code § 37-45-101 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 45 - Water Conservancy Districts|§ 37-45-101. Short Title

 This article shall be known and may be cited as the ”Water Conservancy Act“.   History. Source: L. 37: P. 1311, § 2. CSA: C. 173B, § 16. CRS 53: § 149-6-2. L. 61: P. 843, § 1. C.R.S. 1963: § 150-5-2. History. Source: L. 37: P. 1311, § 2. CSA: C. 173B, § 16. CRS 53: § 149-6-2. L. 61: P. 843, § 1. C.R.S. 1963: § 150-5-2.    ANNOTATION   Water conservancy act provides complete statutory scheme for the creation of water conservancy districts and their operation, including the grant of authority to set rates to the board of directors. It requires no further procedures, such as seeking public utilities commission (PUC) approval of these rates. Matthews v. Tri-County Water Conservancy Dist., 42 Colo. App. 80, 594 P.2d 586 (1979), aff'd, 200 Colo. 202 , 613 P.2d 889 (1980).   Water conservancy districts are not under PUC jurisdiction. Matthews v. Tri-County Water Conservancy Dist., 42 Colo. App. 80, 594 P.2d 586 (1979), aff'd, 200 Colo. 202 , 613 P.2d 889 (1980).   Applied in Purgatoire River Water Conservancy Dist. v. Kuiper, 197 Colo. 200 , 593 P.2d 333 (1979).
CO Code § 37-45-104 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 45 - Water Conservancy Districts|§ 37-45-104. Name of District - Bonds

 The districts created under this article may be termed ”water conservancy districts“, and the bonds which may be issued under this article may be called ”water conservancy bonds“, and such designation may be engraved or printed on their face.   History. Source: L. 37: P. 1311, § 2. CSA: C. 173B, § 16. CRS 53: § 149-6-2. L. 61: P. 843, §. C.R.S. 1963: § 150-5-2. History. Source: L. 37: P. 1311, § 2. CSA: C. 173B, § 16. CRS 53: § 149-6-2. L. 61: P. 843, §. C.R.S. 1963: § 150-5-2.
CO Code § 37-45-105 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 45 - Water Conservancy Districts|§ 37-45-105. Liberal Construction

 This article, being necessary to secure and preserve the public health, safety, convenience, and welfare and for the security of public and private property, shall be liberally construed to effect the purposes of this article.   History. Source: L. 37: P. 1358, § 39. CSA: C. 173B, § 53. CRS 53: § 149-6-41. C.R.S. 1963: § 150-5-41. History. Source: L. 37: P. 1358, § 39. CSA: C. 173B, § 53. CRS 53: § 149-6-41. C.R.S. 1963: § 150-5-41.    ANNOTATION   Law reviews. For article, ”One Year Review of Property“, see 37 Dicta 89 (1960).   This section provides for liberal construction of the act to effect its purposes. People ex rel. Dunbar v. South Platte Water Conservancy Dist., 139 Colo. 503 , 343 P.2d 812 (1959).   The obligation of liberal construction imposed by this section runs to each section in the entire act in order that all its purposes may be accomplished. People ex rel. Dunbar v. South Platte Water Conservancy Dist., 139 Colo. 503 , 343 P.2d 812 (1959).   A provision as to liberal construction of an act is not a grant of power to a trial court to exercise its authority by committing the manifest error of failing to protect rights accorded by the act. People ex rel. Dunbar v. South Platte Water Conservancy Dist., 139 Colo. 503 , 343 P.2d 812 (1959).
CO Code § 37-45-106 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 45 - Water Conservancy Districts|§ 37-45-106. Constitutional Construction Clause

 If the courts of the state or of the United States declare any section, provision, paragraph, clause, sentence, or phrase, or part thereof, of this article invalid or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, or phrase, or part thereof, of this article, then such decision shall affect only the section, provision, paragraph, clause, sentence, phrase, or part thereof declared to be unconstitutional or unauthorized and shall not affect any other part whatsoever of this article. The general assembly of the state of Colorado declares that it would have passed this article and each section, provision, paragraph, clause, sentence, or phrase hereof irrespective of the fact that any one or more of the other sections, provisions, paragraphs, clauses, sentences, or phrases, or parts thereof, are declared invalid or unconstitutional.   History. Source: L. 37: P. 1358, § 40. CSA: C. 173B, § 54. CRS 53: § 149-6-42. C.R.S. 1963: § 150-5-42. History. Source: L. 37: P. 1358, § 40. CSA: C. 173B, § 54. CRS 53: § 149-6-42. C.R.S. 1963: § 150-5-42.
CO Code § 37-45-107 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 45 - Water Conservancy Districts|§ 37-45-107. Repeal - Saving Clause

 All acts or parts of acts conflicting in any way with any of the provisions of this article in regard to the improvements or improvement districts, or regulating or limiting the power of taxation or assessments, or otherwise interfering with the accomplishment of the purposes of this article according to its terms are declared nonoperative and noneffective as to this article as completely as if they did not exist. But all such acts and parts of acts shall not in any other way be affected by this article.   History. Source: L. 37: P. 1358, § 41. CSA: C. 173B, § 55. CRS 53: § 149-6-43. C.R.S. 1963: § 150-5-43. History. Source: L. 37: P. 1358, § 41. CSA: C. 173B, § 55. CRS 53: § 149-6-43. C.R.S. 1963: § 150-5-43.
CO Code § 37-45-108 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 45 - Water Conservancy Districts|§ 37-45-108. Jurisdiction of District Courts

 The district court sitting in and for any county in this state is hereby vested with jurisdiction when the conditions stated in section 37-45-109 are found to exist to establish water conservancy districts which may be entirely within or partly within and partly without the judicial district in which said court is located for conserving, developing, and stabilizing supplies of water for domestic, irrigation, power, manufacturing, and other beneficial uses as provided in this article; but the terms of this article shall not be construed to confer upon such district court jurisdiction to hear, adjudicate, and settle questions concerning the priority of appropriation of water between districts organized under this article and ditch companies and other owners of ditches drawing water for irrigation purposes from the same stream or its tributaries, and jurisdiction to hear and determine such questions of law and questions of right growing out of or in any way involved or connected therewith are expressly excluded from this article and shall be determined in the proper county as otherwise provided by the laws of the state of Colorado.   History. Source: L. 37: P. 1313, § 3. CSA: C. 173B, § 17. CRS 53: § 149-6-3. C.R.S. 1963: § 150-5-3. History. Source: L. 37: P. 1313, § 3. CSA: C. 173B, § 17. CRS 53: § 149-6-3. C.R.S. 1963: § 150-5-3.    ANNOTATION   This section gives a district court authority to form such districts only when the conditions stated in § 37-45-109 are found to exist. People ex rel. Dunbar v. South Platte Water Conservancy Dist., 139 Colo. 503 , 343 P.2d 812 (1959).   Petitions for district formation must set forth a general description of the territory to be included in the proposed district, and where the territory actually included in a district is substantially different from the territory to be included the conditions stated in this section do not exist. In such a situation, the conditions which would give a lower court authority to form a district do not exist. People ex rel. Dunbar v. South Platte Water Conservancy Dist., 139 Colo. 503 , 343 P.2d 812 (1959).   Any authority exercised by the district court following the organization and incorporation is limited to clear statutory provisions such as the filling of vacancies in the board of directors and is nongeneral in nature. Peaker v. Southeastern Colo. Water Conservancy Dist., 174 Colo. 210 , 483 P.2d 232 (1971).   The general powers over the affairs of the district after incorporation are granted to the members of the board of directors by § 37-45-118 , with the jurisdiction of the district court limited by this section. Peaker v. Southeastern Colo. Water Conservancy Dist., 174 Colo. 210 ,483 P.2d 232 (1971).