reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-105 - Record of proceedings of land board

The register of the board shall act as secretary, and it is his duty to keep a careful record of the transactions of the board in substantially bound books to be kept for that purpose and which shall be known as the record and proceedings of the state board of land commissioners under this article.
L. 1895: p. 157, § 3. R.S. 08: § 5140. C.L. § 1125. CSA: C. 134, § 23. CRS 53: § 112-2-5. C.R.S. 1963: § 112-2-5.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-106 - Duties and powers of register

The register of the board shall have the custody of the records of the board, receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this article, prepare and keep for public inspection maps and plats on a scale of two inches to the mile of all lands selected, receive entries of settlers on these lands and hear or receive the final proof of their reclamation under the rules and regulations prescribed by the state board of land commissioners, and do all work required by the board in carrying out the provisions of this article. He shall have authority to administer oaths whenever necessary in the performance of his duties as register and secretary of the board.
L. 1895: p. 157, § 4. R.S. 08: § 5141. C.L. § 1126. CSA: C. 134, § 24. CRS 53: § 112-2-6. C.R.S. 1963: § 112-2-6.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-108 - Certified check with proposal

A certified check payable to the state board of land commissioners for a sum of not less than two hundred fifty dollars and not more than two thousand five hundred dollars, as may be determined by the rules of the board, shall accompany each such request and proposal. It shall be held as a guarantee of the execution of the contract with the state, in accordance with its terms, by the party submitting such proposal, in case of the approval of the same and the selection of the land by the board. It shall be forfeited to the state in case of failure of the parties to enter into a contract with the state, in accordance with the provisions of this article.
L. 1895: p. 158, § 6. R.S. 08: § 5143. C.L. § 1128. CSA: C. 134, § 26. CRS 53: § 112-2-8. C.R.S. 1963: § 112-2-8.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-109 - Application to state engineer - maps

The person, company of persons, associations, or incorporated companies, making application to the board for the selection of lands by the state, shall have filed with the state engineer an application to appropriate water for the reclamation of the lands described in the request to the board. This application shall be of a form prescribed by the state engineer and shall be accompanied by two copies of the map of the land to be selected, which shall show accurately the location and dimensions of the proposed irrigation works. The maps of the lands and proposed irrigation shall be prepared in accordance with the regulations of the state engineer's office and rules of the department of the interior.
L. 1895: p. 159, § 7. R.S. 08: § 5144. L. 11: p. 305, § 2. C.L. § 1129. CSA: C. 134, § 27. CRS 53: § 112-2-9. C.R.S. 1963: § 112-2-9.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-110 - Examination of proposal - report

(1)
Immediately upon the receipt of any request and proposal as designated in section
36-3-107
, it is the duty of the secretary of the board to examine the same and ascertain if it complies with the rules of the board and the regulations of the department of the interior. If it does not, it is to be returned for correction. If it does comply, it shall be submitted to the state engineer, who shall examine the same and make a written report to the board, stating whether the proposed works are feasible; whether the proposed diversion of the public waters of the state will prove beneficial to the public interest; whether there is sufficient unappropriated water in the source of supply; whether a permit to divert, store, and appropriate water through or by the proposed works has been approved by him; whether the capacity of the proposed works is adequate to reclaim the land described; and whether the maps filed comply with the requirements of his office and the regulations of the department of the interior. He shall determine whether the lands proposed to be irrigated are desert in character and such as may properly be set apart under the provisions of the act of congress referred to in section
36-3-103
and the rules and regulations of the department of the interior.
(2)
When the state engineer is unable, from an examination of the maps and field notes submitted for his examination, to determine whether the proposed irrigation works are feasible and adequate or whether the proposed diversion of the public water is beneficial to public interest and whether the lands proposed to be irrigated are of such a character as to come under the provisions of the act of congress referred to in section
36-3-103
, he shall report to the board and also report the estimated cost of a survey and examination. It is his duty to make, or cause to be made by some qualified assistant, such survey or examination as will enable him to report intelligently thereon to the board when directed by the board to make such examination or survey.
L. 1895: p. 160, § 8. R.S. 08: § 5145. C.L. § 1130. CSA: C. 134, § 28. CRS 53: § 112-2-10. C.R.S. 1963: § 112-2-10.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-111 - Board to consider proposal

On receipt of the report of the state engineer, the register shall place the request and proposal, with the engineer's report thereon, before the board for its consideration. In case of approval the board shall instruct the register to file in the local land office a request for the withdrawal of the land described in the proposal. No request on which the state engineer has reported adversely, either as to the water supply, the feasibility of the construction, capacity of the works, or as to the character of the lands sought to be irrigated, shall be approved by the board.
L. 1895: p. 161, § 9. R.S. 08: § 5146. C.L. § 1131. CSA: C. 134, § 29. CRS 53: § 112-2-11. C.R.S. 1963: § 112-2-11.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-112 - Rejection of proposal - second proposal

In case the state engineer reports adversely upon the proposed irrigation works or where requests and proposals are not approved by the board, the board shall notify the parties making such proposals of such actions and the reasons therefor. Any party so notified shall have sixty days in which to submit another proposal; but the board, at its discretion, may extend the time to six months.
L. 1895: p. 161, § 10. R.S. 08: § 5147. C.L. § 1132. CSA: C. 134, § 30. CRS 53: § 112-2-12. C.R.S. 1963: § 112-2-12.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-113 - Provision for contract - bond

Upon the withdrawal of the land by the department of the interior, it is the duty of the board to enter into a contract with the party submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character, and estimated cost of the proposed ditch, canal, or other irrigation work and state the price and terms upon which the state is to dispose of the lands to settlers and such other conditions and provisions as the board may direct. This contract shall not be entered into on the part of the state until the withdrawal of these lands by the department of the interior and the filing of a satisfactory bond on the part of the proposed contractor for irrigation works, which bond shall be in a penal sum equal to five percent of the estimated cost of the works and conditioned upon carrying out the provisions of the contract with the state.
L. 1895: p. 161, § 11. R.S. 08: § 5148. C.L. § 1133. CSA: C. 134, § 31. CRS 53: § 112-2-13. C.R.S. 1963: § 112-2-13.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-114 - Time for construction - forfeiture

No proposal shall be considered by the board which requires a greater time than five years for the construction of the works. All proposals shall state that the work shall begin within six months from the date of contract; that at least one-tenth of the construction work shall be completed within two years from the date of said contract; that the construction shall be prosecuted diligently and continuously to completion; and that a cessation of work under the contract with the state for a period of six months after the second year, without the sanction of the board, will forfeit to the state all rights under said contract. The board, for good cause shown, shall extend the time of beginning or of completing the whole or any part of said construction work for a period commensurate with the difficulties of construction and the location of the proposed project. No extension of time shall be granted until after thirty days' notice, given by publication in at least one daily paper, published at the capital, and in at least one paper published in each county in which the project and the land sought to be watered thereby is located, of the time and place where such extension of time will be considered and opportunity afforded to all interested parties to appear and be heard.
L. 1895: p. 162, § 12. R.S. 08: § 5149. L. 11: p. 300, § 1. C.L. § 1134. CSA: C. 134, § 32. CRS 53: § 112-2-14. C.R.S. 1963: § 112-2-14.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-115 - Failure in construction

(1)
Upon the failure of any parties having contracts with the state for the construction of irrigation works to begin the same within the time specified by law, or to carry on work as provided in their contract, or to complete the same within the time or in accordance with the specifications of the contract with the board and the provisions of this article, it is the duty of the register to give such parties written notice of such failure. In the event the board has extended the time of the beginning or of completing the whole or any part of the construction work beyond the time set forth in the contract between the state and the party submitting the proposal, then the conditions and penalties of this section shall not apply to or be enforceable against the parties constructing the project until the time the extensions have expired.
(2)
If, after a period of sixty days they have failed to proceed with the work or to conform to the specifications and conditions of their contract with the state, it is the duty of the board to declare the bond and contract of such parties forfeited to the state. The board shall notify the contractors of the forfeiture of the contract, by letter to the address given in the proposal, and give notice once a week for a period of four weeks, in some newspaper of general circulation in the county in which the work is situated, and in one newspaper at the state capital in like manner and for a like period. Upon a day fixed, proposals will be received at the office of the register, at the capitol at Denver, for the purchase of the incompleted works and for the completion of the contract.
(3)
The time for receiving bids shall be at least sixty days after the issuance of first notice of forfeiture. The money received from the sale of partially completed works under the provisions of section
36-3-114
shall first be applied to the expense incurred by the state in their forfeiture and disposal to satisfy the bond and to the satisfaction, pro rata, of the adjudicated liens for labor or materials. The surplus, if any exists, shall be paid to the original contractors with the state.
L. 1895: p. 162, § 13. R.S. 08: § 5150. L. 11: p. 301, § 2. C.L. § 1135. CSA: C. 134, § 33. CRS 53: § 112-2-15. C.R.S. 1963: § 112-2-15.
For publication of legal notices, see part 1 of article 70 of title 24; for the mechanics' lien law in general, see article 22 of title 38.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-116 - State not to be made liable

Nothing in this article shall be construed as authorizing the board to obligate the state to pay for any work constructed under any contract or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.
L. 1895: p. 163, § 14. R.S. 08: § 5151. C.L. § 1136. CSA: C. 134, § 34. CRS 53: § 112-2-16. C.R.S. 1963: § 112-2-16.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-117 - Notice of land open for settlement

Immediately upon the withdrawal of any land for the state by the department of the interior, and the inauguration of work by the contractors, it is the duty of the board, by publication once each week, in one newspaper of the county in which the lands are situated, and in one newspaper at the state capital for a period of four weeks, to give notice that the land is open for settlement, and the price and terms upon which the land will be sold to settlers by the state.
L. 1895: p. 163, § 15. R.S. 08: § 5152. C.L. § 1137. CSA: C. 134, § 35. CRS 53: § 112-2-17. C.R.S. 1963: § 112-2-17.
For publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-118 - Application to enter - requirements

Any citizen of the United States, or any person having declared his intention to become a citizen of the United States, over the age of twenty-one years, may make application, under oath, to the board to enter any of the land in an amount not to exceed one hundred and sixty acres for any one person. The application shall set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation, and settlement in accordance with the act of congress set out in section
36-3-103
and the laws of this state relating thereto and that the applicant has never received the benefit of the provisions of this article to an amount greater than one hundred and sixty acres, including the number of acres specified in the application under consideration. Such application must be accompanied by a certified copy of a contract for a perpetual water right, made and entered into by the party making application, with the person, company, or association which has been authorized by the board to furnish water for the reclamation of the lands. If the applicant has at any time entered land under the provisions of this article, he shall so state in his application, together with the description, date of entry, and location of the land. The board shall file in its office the application and papers relating thereto and, if allowed, issue a certificate of location to the applicant. All applications for entry shall be accompanied by a payment of twenty-five cents per acre, which shall be paid as a partial payment on the land if the application is allowed. All certificates, when issued, shall be recorded in a book to be kept for that purpose. If the application is not allowed, the twenty-five cents per acre accompanying it shall be refunded to the applicant. The board shall dispose of all lands accepted by the state under the provisions of this article at a uniform price of fifty cents per acre, half to be paid at the time of entry and the remainder at the time of making final proof by the settler.
L. 1895: p. 163, § 16. R.S. 08: § 5153. C.L. § 1138. CSA: C. 134, § 36. CRS 53: § 112-2-18. C.R.S. 1963: § 112-2-18.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-119 - Disposition of funds

As provided in the act of congress set out in section
36-3-103
, all moneys received by the board from the sale of lands selected under the provisions of this article shall be deposited with the state treasurer, and such sums as may be necessary shall be available for the payment of the expenses of the board and of the state engineer's office incurred in carrying out the provisions of this article. Such expenses shall be paid by the controller in the manner provided by law, upon vouchers duly approved by the board for the work performed under its direction and by the state engineer for all work performed by the state engineer's office; and any balance remaining over and above the expense necessary to carry out the provisions of this article shall constitute a trust fund in the hands of the state treasurer, to be used for the reclamation of other desert lands.
L. 1895: p. 164, § 17. R.S. 08: § 5154. C.L. § 1139. CSA: C. 134, § 37. CRS 53: § 112-2-19. C.R.S. 1963: § 112-2-19.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-120 - Duty of settler - proof of settlement

(1)
Within one year after any person, company of persons, association, or incorporated company authorized to construct irrigation works under the provisions of this article has notified the settlers under such works that it is prepared to furnish water under the terms of its contract with the state, the settlers shall cultivate and reclaim not less than one-sixteenth part of the land filed upon. Within two years after the notice, the settler shall have actually irrigated and cultivated not less than one-eighth of the land filed upon. Within three years from the date of notice, the settler shall appear before the register, or a judge or clerk of the district court in the county in which such land is situated, as designated by the register, and make final proof of reclamation, settlement, and occupation. The proof shall embrace evidence that he has a perpetual water right for his entire tract of land sufficient in volume for the complete irrigation and reclamation thereof, that he is an actual settler thereon, and that he has cultivated and irrigated not less than one-eighth part of said tract and such further proof, if any, as may be required by the regulations of the department of the interior or the board.
(2)
The officer taking this proof is entitled to receive a fee, to be fixed by the state board of land commissioners, not to exceed five dollars and to be paid by the settler. It shall be in addition to the price paid to the state for the land. All proofs so received shall be submitted by the register to the board and shall be accompanied by the last final payment for the land, and, on the approval of the same by the board, they shall be forwarded to the secretary of the interior, with a request that a patent to the lands be issued to the state.
(3)
When the state, through its state board of land commissioners, can make proof that such irrigation works have been completed for the reclamation of the lands so segregated and that an ample supply of water is actually furnished in a substantial ditch or canal or by artesian wells or reservoirs, for such purpose, the board shall apply for a patent to such lands, in the manner provided by the regulations of the department of the interior and in accordance with the provisions of the acts of congress relating thereto, without waiting for settlement or cultivation of such lands.
L. 1895: p. 165, § 18. L. 07: p. 366, § 1. R.S. 08: § 5155. C.L. § 1140. CSA: C. 134, § 38. CRS 53: § 112-2-20. C.R.S. 1963: § 112-2-20. L. 64: p. 301, § 259.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-121 - Patent - water lien - foreclosure - deed

(1)
Upon the issuance of a patent to any lands by the United States to the state, notice shall be forwarded to the settler upon such land. It is the duty of the board, under the signature of its president and attested by its secretary, to issue a patent to said lands from the state to the settler. All water rights acquired under the provisions of this article shall attach to and become appurtenant to the land as soon as the title passes from the United States to the state.
(2)
Any person, company, association, or incorporated company furnishing water for any tract of land shall have a first and prior lien on the water right and land upon which the water is used, for all deferred payments for the water right. The lien shall be in all respects prior to any other liens created or attempted to be created by the owner and possessor of said land. The lien shall remain in full force until the last deferred payment for the water right is fully paid and satisfied according to the terms of the contract under which the water right was acquired. The contract for the water right upon which the lien is founded shall be recorded in the office of the county clerk and recorder of the county where the land is situate.
(3)
Upon default of any of the deferred payments secured by any lien under the provisions of this article, the person, company of persons, association, or incorporated company holding or owning said lien may foreclose the same according to the terms and conditions of the contract granting and selling to the settler the water right. All sales shall be advertised in a newspaper of general circulation, published in the county where the land and water right is situate, for six consecutive weeks, and shall be sold to the highest bidder at the front door of the courthouse of the county or such place as may be agreed upon by the terms of the contract. The sheriff of the county shall give all notices of sale and sell all property and make and execute a good and sufficient deed to the purchaser. At the sale, no person, company of persons, association, or incorporated company, owning or holding any lien, shall bid in or purchase any land or water right at a price less than the amount due on the deferred payment for the water right and land and the costs incurred in making the sale of said land and water right. The sheriff shall execute a certificate of sale as in case of sale on execution, subject in all respects to redemption as in such case; and if not redeemed the sheriff shall execute a deed as upon sale on execution.
L. 1895: p. 166, § 19. R.S. 08: § 5156. C.L. § 1141. CSA: C. 134, § 39. CRS 53: § 112-2-21. C.R.S. 1963: § 112-2-21.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-122 - Requirements of maps

The maps of the lands selected under the provisions of this article shall show the location of the canals or other irrigation works approved in the contract with the board. All lands filed upon shall be subject to the right-of-way of such canals or irrigation works. The right-of-way shall embrace the entire width of the canal and such additional width as may be required for its proper operation and maintenance, the width of right-of-way to be specified in the contracts provided for in this article.
L. 1895: p. 167, § 20. R.S. 08: § 5157. C.L. § 1142. CSA: C. 134, § 40. CRS 53: § 112-2-22. C.R.S. 1963: § 112-2-22.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-123 - Rules - report of construction company

The board shall provide suitable rules for the filing of proposals for constructing irrigation works, and for the entry and payment of the land by settlers, and for the forfeiting of entry by settlers upon failure to comply with the provisions of this article. There shall be kept in the office of the board, for public inspection, copies of all maps, plats, contracts for the construction of irrigation works, and the entries of land by settlers. It shall require from each person, company of persons, association, or incorporated company engaged in the construction of irrigation works, under the provisions of this article, an annual report, to be submitted to the board on or before November 1 of each year. This report shall show the number of water rights sold, the number of users of water under the irrigation works, the legal subdivisions of land for which water is to be furnished, the names of the officers of the company, the acreage of land which the irrigation works is prepared to supply with water, and such other data as the board requires. The rules required by this section may be waived in the case of irrigation works being constructed by a person, colony, or association of persons to furnish water for land settled upon and being reclaimed by themselves.
L. 1895: p. 167, § 21. R.S. 08: § 5158. C.L. § 1143. CSA: C. 134, § 41. CRS 53: § 112-2-23. C.R.S. 1963: § 112-2-23.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-124 - Duties of employees - fees

(1)
The board shall prescribe the duties of all its employees and shall collect the following fees: For filing each application, one dollar; for filing each proof, one dollar; for issuing each patent, one dollar; and for making certified copies of papers or records, the same fee as provided for to be charged by the secretary of state for like services.
(2)
A fee book shall be kept by the register, showing all fees received by him from any source whatever. The money collected for fees shall be paid to the state treasurer and credited to the fund created by virtue of this article.
L. 1895: p. 168, § 22. R.S. 08: § 5159. C.L. § 1144. CSA: C. 134, § 42. CRS 53: § 112-2-24. C.R.S. 1963: § 112-2-24.
For fees charged by secretary of state, see § 24-21-104; for other fees of the state board of land commissioners, see § 36-1-112.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 3 - DESERT LANDS (§§ 36-3-101 — 36-3-125) › Section 36-3-125 - Record of work - publication

The board shall maintain a detailed record of the names, location, and character of the irrigation works in process of construction; the acreage and legal subdivisions of land intended to be reclaimed; the estimated cost of said irrigation works; the price of water rights from such irrigation works; and the terms of payment for water rights and land. Publication of this information and of other material circulated in quantity outside the board shall be subject to the approval and control of the executive director of the department of natural resources.
L. 1895: p. 168, § 23. R.S. 08: § 5160. C.L. § 1145. CSA: C. 134, § 43. CRS 53: § 112-2-25. C.R.S. 1963: § 112-2-25. L. 64: p. 164, § 120.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-101 - Water rights for state lands

For the purpose of furnishing water and securing water rights for state lands, the state board of land commissioners is authorized to enter into contracts with any person, corporation, or irrigation district, providing for such irrigation, and to petition all such lands into irrigation districts at the time of or after the formation of such districts.
L. 11: p. 211, § 1. C.L. § 1190. CSA: C. 134, § 89. CRS 53: § 112-4-1. C.R.S. 1963: § 112-4-1.
For drainage of state lands, see article 30 of title 37; for inclusion of college and school lands in irrigation districts, see § 37-43-112.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-102 - Water tax - assessment

In case of any such land so petitioned into any irrigation district, the state board of land commissioners shall be considered in all respects as a freeholder, so long as said land remains unsold, but as soon as any of such land is sold, whether occurring prior or after the time such land is petitioned into any such irrigation district, the purchaser shall from the time of his purchase be considered as such freeholder and entitled to all the rights of a freeholder, whether or not he has completed his payments to the state board of land commissioners. In no case shall any interest or title of the state be made liable or subjected to any claim for any water tax, water assessment, or water charge by reason of the including of any of such state land in any irrigation district. All assessments or other payments for the cost of irrigating any such state land shall be paid by the lessees or purchasers thereof. In case of any lease or sale, the lessee or purchaser shall pay to the register on or before March 1 of each year, in addition to his rental or amount due on his contract of purchase, as the case may be, such an additional amount as will equal the district assessment for an equal amount of land within the district or such greater amount as the board may require, and the register shall pay such additional amounts to the proper officer authorized by law to receive payment of assessments within such district to apply on the cost of furnishing water for such state land. When the title to any such state land passes from the state, the unpaid balance of the cost of furnishing water for the same shall at once become due and payable and attach as a lien thereon and be collected as an assessment of such irrigation district, in the same manner as assessments on other lands in the district.
L. 11: p. 211, § 2. C.L. § 1191. CSA: C. 134, § 90. CRS 53: § 112-4-2. C.R.S. 1963: § 112-4-2.
For irrigation district assessments, see § 37-41-124.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-103 - Payment by lessee or purchaser

In order to provide payment for such water rights for state lands, the state board of land commissioners may agree that, when any state land for which irrigation is provided is leased or sold, the lessee or purchaser, as the case may be, shall pay the agreed value therefor, at such times and in such amounts and in such proportion as may be agreed upon by the state board of land commissioners. The state board of land commissioners has power to secure, to any such person, corporation, or irrigation district so furnishing water for the irrigation of state lands, the payment of the cost of such water rights upon such lands being leased or sold by the lessee or purchaser thereof. In no case shall the state board of land commissioners have any power to use any of the school fund, either principal or interest, for any such purpose.
L. 11: p. 212, § 3. C.L. § 1192. CSA: C. 134, § 91. CRS 53: § 112-4-3. C.R.S. 1963: § 112-4-3.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-104 - Board may improve state land

The state board of land commissioners is authorized to take, on behalf of and in the name of the state, as speedily as practicable, such action as may, in the judgment of the board, be necessary or desirable to irrigate and improve such lands belonging to the state, and lying in the San Luis valley and elsewhere, as may in the judgment of the board be susceptible of improvement by irrigation.
L. 13: p. 588, § 1. C.L. § 1193. CSA: C. 134, § 92. CRS 53: § 112-4-4. C.R.S. 1963: § 112-4-4.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-105 - Water rights acquired - how

Such action may be taken by initiating such water rights and systems for reservoirs, canals, and conduits, or by the purchase of existing water rights, systems for reservoirs, canals, and conduits, or an interest therein, including pumping plants, highways, and such other accessories as may, in the judgment of the board, be necessary or desirable to the successful accomplishment of the objects of sections
36-4-104
to
36-4-112
.
L. 13: p. 588, § 2. C.L. § 1194. CSA: C. 134, § 93. CRS 53: § 112-4-5. C.R.S. 1963: § 112-4-5.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-106 - Board may proceed - how

In furtherance of such objects the board shall proceed in accordance with the irrigation laws of the state, insofar as the same are applicable, and may, if it elects, also proceed under the laws of the United States relating to the acquisition of such rights or easements over the public lands of the United States.
L. 13: p. 588, § 3. C.L. § 1195. CSA: C. 134, § 94. CRS 53: § 112-4-6. C.R.S. 1963: § 112-4-6.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-107 - Departmental decisions

In case such procedure, or any part thereof, is under the laws of the United States, the board shall not be bound or required to accept or concur in the action or decision, or failure or delay in action or decision of any departmental or other officer, agent, or employee of the United States, if in the judgment of the board the same is not in good faith, or is for the mere purpose of delay, or is adverse to the legal, constitutional, or inherent rights of the state; nor shall the board, in any event, accept or concur in any such action, decision, grant, or permit which is, or purports to be, revocable by the United States or by any departmental or other officer, agent, or employee of the United States at its discretion or without reasonable cause and opportunity to be heard.
L. 13: p. 589, § 4. C.L. § 1196. CSA: C. 134, § 95. CRS 53: § 112-4-7. C.R.S. 1963: § 112-4-7.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-108 - Power of eminent domain

In case of such procedure under the laws of the United States and in the event that any departmental or other officer, agent, or employee of the United States shall, in the judgment of the board, fail or refuse to act or decide within a reasonable time, or in bad faith, or for mere purpose of delay, or act or decide adversely to the legal, constitutional, or inherent rights of the state, upon any question involved and subject to his action or decision or shall obstruct, hinder, or interfere with the necessary occupancy or possession of the lands involved by the state, or any of its agents or employees, the board shall at once proceed to acquire the desired rights or easements, occupancy, or possession by invoking the power of eminent domain of the state. Such proceedings, including the right to enter upon the lands involved for the purpose of examination and survey, and the right of possession during the pendency of the action, and in all other respects, shall be as provided in articles
1
to
7
of title
38
, C.R.S., in relation to eminent domain insofar as applicable and as supplemented and enlarged by sections
36-4-104
to
36-4-112
.
L. 13: p. 589, § 5. C.L. § 1197. CSA: C. 134, § 96. CRS 53: § 112-4-8. C.R.S. 1963: § 112-4-8.
For additional provisions concerning condemnation of public lands belonging to the United States, see article 3 of title 38.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-109 - Parties - process

Such actions shall be brought in the name of the state as plaintiff, in the district court of any county in which the system of irrigation or any part thereof is located, or is to be located, and shall make as defendants thereto by proper name and official title, when known, such departmental and other officers, agents, and employees of the United States as have or claim to have jurisdiction, possession, charge, or control, or are exercising the same, over the lands involved or any part thereof, and such other officers, agents, and persons as the board may deem necessary or proper. The summons and other process shall be served and return made in the manner prescribed in articles
1
to
7
of title
38
, C.R.S., or in any other manner required by the order of the court in the action.
L. 13: p. 589, § 6. C.L. § 1198. CSA: C. 134, § 97. CRS 53: § 112-4-9. C.R.S. 1963: § 112-4-9.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-110 - Interests vested in state

Upon the completion of service and return of summons or other process and the expiration of the time required by law or the order of the court before whom the action is pending for the appearance of the defendants, such defendants and all interests of the United States in the lands involved shall be deemed to be in court and subject to its jurisdiction, and thereafter, such proceedings shall be had as are required by the laws of the state, so far as applicable and as supplemented and enlarged by the provisions of sections
36-4-104
to
36-4-112
, and, if the judgment of the court is in favor of the state, it shall vest in the state the rights and easements so adjudged over all public lands of the United States so involved, whether the same are reserved or unreserved, or are withdrawn temporarily or permanently for any purpose whatever, except those held for strictly governmental purposes, the jurisdiction over which has been ceded by the state to the United States.
L. 13: p. 590, § 7. C.L. § 1199. CSA: C. 134, § 98. CRS 53: § 112-4-10. C.R.S. 1963: § 112-4-10.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-111 - Mandamus - injunction

Nothing in sections
36-4-104
to
36-4-112
shall prevent the board or the state from proceeding in aid of the actions provided in said sections, or independently thereof, by mandamus, injunction, or other appropriate action, civil or criminal, to acquire irrigation rights and easements upon the public domain for the benefit of the state or its citizens or to protect and defend the same.
L. 13: p. 590, § 8. C.L. § 1200. CSA: C. 134, § 99. CRS 53: § 112-4-11. C.R.S. 1963: § 112-4-11.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 4 - RECLAMATION OF STATE LANDS (§§ 36-4-101 — 36-4-112) › Section 36-4-112 - Attorney general to enforce

The attorney general of the state is directed to give prompt and special attention to the enforcement of sections
36-4-104
to
36-4-112
and shall, when so requested by the board, give advice and take such legal action as in his or her judgment is necessary or proper and may, if necessary, with the approval of the board and governor, employ not to exceed one lawyer or firm of lawyers to assist him or her in such legal action, but a retainer shall not be paid or other payment for such services made until after the services have been rendered or concurrently may be paid with the rendition of the services.
Amended by 2016 Ch. 94, §19, eff. 8/10/2016.
L. 13: p. 590, § 9. C.L. § 1201. CSA: C. 134, § 100. CRS 53: § 112-4-12. C.R.S. 1963: § 112-4-12. L. 2016: Entire section amended, (HB 16-1094), ch. 94, p. 269, § 19, effective August 10.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-101 - Sale of state lands - servicemen

The state lands, including school lands, excepting only such as may be subject to leases restricting the sale thereof and then only excepting during the duration of such restrictions, shall be sold at public sale in the manner provided by law for the sale of state lands, except as provided in this article, upon the application for the sale thereof executed in accordance with the terms of this article by any permanent resident of the state who intends to settle upon or improve the same, and who was regularly inducted, enlisted, or commissioned in the United States Army, Navy, or Marine Corps and who served therein for a period of more than one month between April 1, 1898, and July 4, 1902, or between April 6, 1917, and November 11, 1918, and was honorably discharged, and who is now, or may at any time, prior to the filing of said application, become a citizen of the United States, and who complies with the provisions of this article.
L. 21: p. 660, § 1. C.L. § 1202. CSA: C. 134, § 101. CRS 53: § 112-5-1. C.R.S. 1963: § 112-5-1.
For sale of state lands by the state board of land commissioners, see § 36-1-124.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-102 - Sale - price per acre

All of the lands shall be sold at public sale at not less than three dollars and fifty cents per acre, to the highest and best bidder, and all general laws of this state and rules of the state board of land commissioners applicable to the sale and disposition of state lands not in conflict with the provisions of this article shall apply to and govern in all respects all sales and proceedings held under this article.
L. 21: p. 661, § 2. C.L. § 1203. CSA: C. 134, § 102. CRS 53: § 112-5-2. C.R.S. 1963: § 112-5-2.
For terms of sale, see § 36-5-112.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-103 - Applicants - qualifications - value

In addition to the matters contained in other applications for the sales of state lands, applications under this article shall contain and be accompanied by proof, satisfactory to the state board of land commissioners and conclusive beyond reasonable doubt, of the applicant's qualifications and the affidavit of the applicant that such application is made in good faith for the purpose of acquiring the land for himself only and for the purpose of settling upon or improving the same. No person shall be entitled or allowed to make more than one application under this article, and no application shall include more land than the applicant shall estimate to be worth seven thousand five hundred dollars. The lands purchased under this article need not be contiguous if the state board of land commissioners approves a sale of noncontiguous lands.
L. 21: p. 661, § 3. C.L. § 1204. CSA: C. 134, § 103. CRS 53: § 112-5-3. C.R.S. 1963: § 112-5-3.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-104 - Appraisal

The land included in said application shall be appraised at its true value and no more. If said land is appraised at more than seven thousand five hundred dollars, enough land, by legal subdivisions or such fractions thereof as the state board of land commissioners shall approve, shall be excluded by the applicant to bring the value of the remainder below seven thousand five hundred dollars.
L. 21: p. 661, § 4. C.L. § 1205. CSA: C. 134, § 104. CRS 53: § 112-5-4. C.R.S. 1963: § 112-5-4.