reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-102 - Definitions

As used in articles
1
to
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of this title, unless the context otherwise requires:
(1)
"Conservancy district" means the districts created under articles
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to
8
of this title; and the bonds which may be issued under articles
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to
8
of this title may be called "conservancy bonds", and such designation may be engraved or printed on their face.
(2)
"Court" means the district court of that judicial district of the state of Colorado wherein the petition for the organization of a conservancy district shall be filed.
(3)
(a)
"Land" or "property" means real estate, as "real estate" is defined by the laws of the state of Colorado, and shall embrace all railroads, tramroads, electric railroads, street and interurban railroads, highways, roads, streets and street improvements, telephone, telegraph, and transmission lines, gas, sewer, and water systems, water rights, pipelines, and rights-of-way of public service corporations, and all other real property whether held for public or private use.
(b)
When "land" or "property" is used, with reference to benefits, appraisals, assessments, or taxes, public corporations, as political entities, according to benefits received, shall be considered as included in such reference, in the same manner as "land" or "property".
(4)
"Person" means a person, firm, partnership, association, or corporation, other than a county, town, city, or other political subdivision. Similarly, "public corporation" means counties, towns, cities, school districts, drainage districts, irrigation districts, water districts, park districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
(5)
"Publication" means printing once a week for three consecutive weeks in at least one newspaper of general circulation in each county wherein such publication is to be made. It shall not be necessary that publication shall be made on the same day of the week in each of the three weeks, but not less than fourteen days (excluding the day of the first publication) shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
L. 22: p. 11, § 1. C.L. § 9515. CSA: C. 138, § 126. CRS 53: § 30-1-1. C.R.S. 1963: § 29-1-1.
For publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-103 - Liberal construction

Articles
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to
8
of this title, being necessary to secure and preserve the public health, safety, convenience, and welfare, and being necessary for the prevention of great loss of life and for the security of public and private property from floods and other uncontrolled waters, shall be liberally construed to effect the purposes of said articles.
L. 22: p. 72, § 71. C.L. § 9585. CSA: C. 138, § 196. CRS 53: § 30-1-6. C.R.S. 1963: § 29-1-6.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-104 - Removal of officials for cause

Any director or other officer of any district organized under articles
1
to
8
of this title may be removed for cause after a hearing upon a motion filed by any interested person in the original proceeding in which the district was organized.
L. 22: p. 70, § 67. C.L. § 9581. CSA: C. 138, § 192. CRS 53: § 30-1-2. C.R.S. 1963: § 29-1-2.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-105 - Remedy by mandamus

The performance of all duties prescribed in articles
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to
8
of this title concerning the organization and administration or operation of a conservancy district may be enforced against any officer thereof or against any person or corporation refusing to comply with any order of the board of directors, by mandamus, at the instance of the board or of any person or corporation interested in any way in such district or proposed district. Such proceedings shall be instituted in the district court having jurisdiction of the original case.
L. 22: p. 70, § 68. C.L. § 9582. CSA: C. 138, § 193. CRS 53: § 30-1-3. C.R.S. 1963: § 29-1-3.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-106 - Early hearings

All cases in which there may arise a question of the validity of the organization of a conservancy district, or a question of the validity of any proceeding under articles
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to
8
of this title, shall be advanced as a matter of immediate public interest and concern and heard in all courts at the earliest practicable moment. The courts shall be open at all times for the purposes of said articles.
L. 22: p. 72, § 70. C.L. § 9584. CSA: C. 138, § 195. CRS 53: § 30-1-5. C.R.S. 1963: § 29-1-5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-107 - Correction of faulty notices

(1)
In every case where a notice is provided for in articles
1
to
8
of this title, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
(2)
In case any particular appraisal, assessment, or levy is held void for want of legal notice, or in case the board of directors determines that any notice with reference to any land may be faulty, then the board of directors may file a motion in the original cause asking that the court order notice to be given to the owner of such land, and the court shall set a time for hearing as provided in articles
1
to
8
of this title. If the original notice as a whole is held to be sufficient but faulty only with reference to publication as to particular lands, only the owners of and persons interested in such particular lands need be notified by such subsequent notice, and if the publication of any notice in any county is held to be defective or not made in time, publication of the defective notice need be had only in the county in which the defect occurred.
L. 22: p. 71, § 69. C.L. § 9583. CSA: C. 138, § 194. CRS 53: § 30-1-4. C.R.S. 1963: § 29-1-4.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-108 - Short forms and abbreviations

(1)
In any order of court the words "The court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding", shall be equivalent to a finding of the existence of each jurisdictional fact necessary to confer plenary jurisdiction upon the court and necessary from the proper signing and filing of the initial petitions to the date of the order, to meet every legal requirement imposed by articles
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to
8
of this title.
(2)
No other evidence of the legal hypothecation of the proceeds of any special assessment levied under said articles, to pay the bonds or warrants issued pursuant to articles
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to
8
of this title, shall be required than the passage of a resolution by the board of directors and the issuance of bonds or warrants in accordance therewith.
(3)
In the preparation of any assessment or appraisal record the usual abbreviations employed by engineers, surveyors, and abstractors may be used.
(4)
Where it would be necessary to use a long description to properly describe any parcel of land, the appraisers, after locating the land generally, may refer to the book and page of the public record of any instrument in which the land is described, which reference shall be sufficient for all the purposes of articles
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to
8
of this title to identify the land described in the public record so referred to.
(5)
It shall not be necessary in any notice required to be published by articles
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to
8
of this title to specify the names of the owners of the lands or of the persons interested therein; but any such notice may be addressed "To all persons interested" with like effect as though such notice named every owner of any lands within the territory specified in the notice and every person interested therein and every lienor, actual or inchoate.
(6)
Every district declared upon hearing to be a conservancy district shall thereupon become a political subdivision and a public corporation of the state of Colorado invested with all the powers and privileges conferred upon such districts by articles
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to
8
of this title.
L. 22: p. 72, § 74. C.L. § 9588. CSA: C. 138, § 198. CRS 53: § 30-1-8. C.R.S. 1963: § 29-1-8.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-109 - Repeal - saving clause

All laws or parts of laws conflicting in any way with any of the provisions of articles
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to
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of this title, in regard to improvements of the character contemplated by said articles, or regulating or limiting the power of taxation or assessment, or otherwise interfering with the execution of articles
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to
8
of this title according to their terms, are declared inoperative and ineffective as to said articles, as completely as if they did not exist. But all such laws and parts of laws shall not be otherwise affected by said articles.
L. 22: p. 72, § 73. C.L. § 9587. CSA: C. 138, § 197. CRS 53: § 30-1-7. C.R.S. 1963: § 29-1-7.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 2 - ORGANIZATION OF CONSERVANCY DISTRICTS (§§ 37-2-101 — 37-2-106) › Section 37-2-101 - Jurisdiction of district court - purposes of districts

(1)
The district court sitting in and for any county in this state has jurisdiction, when the conditions stated in section
37-2-102
are found to exist, to establish conservancy districts, which may be entirely within or partly within and partly without the judicial district in which said court is located, for any of the following purposes:
(a)
Preventing floods;
(b)
Regulating stream channels by changing, widening, and deepening the same;
(c)
Regulating the flow of streams;
(d)
Diverting, controlling, or in whole or in part eliminating watercourses;
(e)
Protecting public and private property from inundation; and incident to such purposes and to enable its accomplishment, any district so established has the power to straighten, widen, deepen, change, divert, or change the course or terminus of any natural or artificial watercourse; to build reservoirs, canals, levees, walls, embankments, bridges, or dams; to reclaim or fill low lands and lands subject to overflow; to remove and to regulate and prescribe the location of improvements upon land; to maintain, operate, and repair any of the construction herein named; and to do all other things necessary for the fulfillment of the purposes of articles
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to
8
of this title; and such powers shall also be construed as purposes for which benefits may be appraised as provided in articles
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to
8
of this title;
(f)
The conservation, development, utilization, and disposal of water for agricultural, municipal, and industrial uses thereof, when desirable as a part of a project or undertaking the principal purpose of which is one or more of the purposes set out in this section;
(g)
Participating in the development of parks and recreational facilities within the boundaries of the conservancy district.
L. 22: p. 12, § 2. C.L. § 9516. CSA: C. 138, § 127. CRS 53: § 30-2-1. L. 57: p. 296, § 1. C.R.S. 1963: § 29-2-1. L. 94: (1)(g) added, p. 577, § 1, effective April 7.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 2 - ORGANIZATION OF CONSERVANCY DISTRICTS (§§ 37-2-101 — 37-2-106) › Section 37-2-103 - Bond of petitioners

At the time of filing the petition or at any time subsequent thereto and prior to the time of the hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all the expenses connected with the proceedings in case the organization of the district is not effected. If at any time during the proceeding the court is satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed not less than ten days distant, and upon failure of the petitioners to execute the same, the petition shall be dismissed.
L. 22: p. 15, § 4. C.L. § 9518. CSA: C. 138, § 129. CRS 53: § 30-2-3. C.R.S. 1963: § 29-2-3.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 2 - ORGANIZATION OF CONSERVANCY DISTRICTS (§§ 37-2-101 — 37-2-106) › Section 37-2-104 - Notice of hearing on petition

(1)
Immediately after the filing of such petition, the court wherein the petition is filed shall by order fix a place and time, not less than sixty-three days nor more than ninety-one days after the petition is filed, for hearing thereon, and the clerk of the court shall cause notice by publication (Schedule Form I) to be made of the pendency of the petition and of the time and place of the hearing thereon. The clerk of the court shall also forthwith cause a copy of said notice to be sent by United States first-class mail or by electronic service using the e-filing system of the judicial department to the board of county commissioners of each of the counties having territory within the proposed district.
(2)
The district court in and for the county in which the petition for the organization of a conservancy district has been filed shall thereafter, for all purposes of articles
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to
8
of this title, except as otherwise provided in said articles, maintain and have original and exclusive jurisdiction coextensive with the boundaries of said conservancy district and of lands and other property proposed to be included in said district or affected by said district, without regard to the usual limits of its jurisdiction.
(3)
No judge of such court wherein such petition is filed shall be disqualified to perform any duty imposed by articles
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to
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of this title by reason of ownership of property within any conservancy district or proposed conservancy district or by reason of ownership of any property that may be benefited, taxed, or assessed therein.
Amended by 2017 Ch. 66,§ 2, eff. 9/1/2017.
L. 22: p. 15, § 5. C.L. § 9519. CSA: C. 138, § 130. CRS 53: § 30-2-4. C.R.S. 1963: § 29-2-4. L. 2017: (1) amended, (HB 17-1142), ch. 66, p. 208, § 2, effective September 1.
For Schedule Form I, see § 37-8-101.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 2 - ORGANIZATION OF CONSERVANCY DISTRICTS (§§ 37-2-101 — 37-2-106) › Section 37-2-106 - Provisions for recording decree of incorporation

Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall transmit to the division of local government in the department of local affairs and to the county clerk and recorder in each of the counties having lands in said district copies of the findings and the decree of the court incorporating said district. The same shall be filed with said division, and copies shall also be recorded in the office of the county clerk and recorder of each county in which a part of the district may be, where they shall become permanent records.
L. 22: p. 20, § 7. C.L. § 9521. CSA: C. 138, § 132. CRS 53: § 30-2-6. C.R.S. 1963: § 29-2-6. L. 76: Entire section amended, p. 605, § 29, effective July 1. L. 83: Entire section amended, p. 1227, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-102 - Oath or affirmation - organization

Each director shall take an oath or affirmation in accordance with section
24-12-101
. The board of directors shall choose one of its number as chairperson of the board and president of the district and shall elect some suitable person secretary of the board and of the district who may or may not be a member of the board. Such board shall adopt a seal and shall keep in a visual text format that may be transmitted electronically a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and corporate acts, which shall be open to the inspection of all owners of property in the district as well as to all other interested parties.
Amended by 2018 Ch. 88,§ 33, eff. 8/8/2018.
L. 22: p. 21, § 9. C.L. § 9523. CSA: C. 138, § 134. CRS 53: § 30-3-2. C.R.S. 1963: § 29-3-2. L. 2009: Entire section amended, (HB 09-1118), ch. 130, p. 563, §10, effective August 5. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 700, § 33, effective August 8.
For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-104 - General grant of power

The board of directors of any district organized under articles
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to
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of this title is vested with all powers necessary for the accomplishment of the purposes for which the district is organized and capable of being delegated by the general assembly of the state of Colorado; and no enumeration of particular powers granted shall be construed to impair any general grant of power contained in this section, or to limit any such grant to power of the same class as those so enumerated.
L. 22: p. 31, § 24. C.L. § 9538. CSA: C. 138, § 149. CRS 53: § 30-3-17. C.R.S. 1963: § 29-3-17.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-105 - Employment of agents

(1)
The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board of directors in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal of the district, all certified copies of the official records and files of the district that may be required of him by this article or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity. The secretary shall serve also as treasurer of the district unless a treasurer is otherwise provided for by the board of directors. The board shall also have the authority to appoint other members of the board as custodians for district funds. The board may also employ a chief engineer, who may be an individual, partnership, or corporation; an attorney; and such other engineers, attorneys, and agents and assistants as may be needed; and it may provide for their compensation, which, with all other necessary expenditures, shall be part of the cost or maintenance of the improvement.
(2)
The employment of the secretary, treasurer, chief engineer, and attorney for the district shall be evidenced by agreements in writing which, so far as possible, shall specify the amounts to be paid for their services. The chief engineer shall be superintendent of all the works and improvements, and shall make a full report to the board of directors each year, or oftener if required by the board, and may make such suggestions and recommendations to the board as he may deem proper. The secretary and treasurer and such other agents or employees of the district as the court may direct shall furnish corporate surety bonds, at the expense of the district, in amount and form fixed and approved by the court, conditioned upon the faithful performance of their respective duties.
L. 22: p. 22, § 11. C.L. § 9525. CSA: C. 138, § 136. CRS 53: § 30-3-4. C.R.S. 1963: § 29-3-4. L. 81: (1) amended, p. 1750, § 3, effective May 28.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-106 - Regulations to protect works

(1)
Where necessary, in order to secure the best results from the execution and operation of the plans of the district or to prevent damage to the district by the deterioration or misuse or by the pollution of the waters of any watercourse therein, the board of directors may make regulations for and may prescribe the manner of building bridges, roads, fences, or other works in, into, along, or across any channel, reservoir, or other construction; and may prescribe the manner in which ditches or other works shall be adjusted to or connected with the works of the district or any watercourse therein; and, when not in conflict with the rules of the water quality control commission, may prescribe the manner in which the watercourses of the district may be used for sewer outlets or for disposal of waste.
(2)
The construction of any works in a manner harmful to the district or to any watercourse therein, and in a manner contrary to that specified by the board of directors, is a misdemeanor, punishable by a fine of not more than one thousand dollars. The directors have authority to enforce by mandamus or other legal proceedings all necessary regulations made by them and authorized by articles
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to
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of this title and may remove any harmful construction or may close any opening improperly made. Any person, corporation, or municipality willfully failing to comply with such regulations is liable for all damage caused by such failure and for the cost of renewing any construction damaged or destroyed.
Amended by 2019 Ch. 17,§ 3, eff. 8/2/2019.
L. 22: p. 28, § 19. C.L. § 9533. CSA: C. 138, § 144. CRS 53: § 30-3-12. C.R.S. 1963: § 29-3-12. L. 2019: (1) amended, (HB 19-1071), ch. 63, p. 63, § 3, effective August 2.
For the legislative declaration in HB 19-1071, see section 1 of chapter 17, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-107 - Quorum

A majority of the directors shall constitute a quorum, and a concurrence of the majority in any matter within their duties is sufficient for its determination.
L. 22: p. 22, § 10. C.L. § 9524. CSA: C. 138, § 135. CRS 53: § 30-3-3. C.R.S. 1963: § 29-3-3.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-109 - Execution of plans

The board of directors has full authority to devise, prepare for, execute, maintain, and operate all works or improvements necessary or desirable to complete, maintain, operate, and protect the works provided for by the official plan and to that end may employ and secure men and equipment under the supervision of the chief engineer or other agents or may in its discretion let contracts for such works, either as a whole or in parts.
L. 22: p. 24, § 13. C.L. § 9527. CSA: C. 138, § 138. CRS 53: § 30-3-6. C.R.S. 1963: § 29-3-6.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-110 - Contracts

When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars shall be advertised after notice by publication calling for bids, and the board may reject any or all bids or may let said contract to the lowest or best bidder who gives a good and approved bond with ample security, conditioned on the carrying out of the contract. Such contract shall be in writing and shall be accompanied by or shall refer to plans and specifications for the work to be done prepared by the chief engineer. Said contract shall be approved by the board of directors and signed by the president of the district and by the contractor and shall be executed in duplicate; but in case of sudden emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the unanimous consent of the board of directors, with the approval of the court; but the provisions of this section shall not apply if it is determined by the board of directors that the work be done on force account.
L. 22: p. 26, § 16. C.L. § 9530. CSA: C. 138, § 141. CRS 53: § 30-3-9. C.R.S. 1963: § 29-3-9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-111 - Surveys and investigation

The board of directors also has the right to establish and maintain stream gauges, rain gauges, and a flood warning service with telephone or telegraph lines or telephone or telegraph service, and may make such surveys and examinations of rainfall and flood conditions, stream flow, and other scientific and engineering subjects as are necessary and proper for the purposes of the district, and may issue reports thereon.
L. 22: p. 30, § 22. C.L. § 9536. CSA: C. 138, § 147. CRS 53: § 30-3-15. C.R.S. 1963: § 29-3-15.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-112 - Cooperation with United States or other agencies

The board of directors also has the authority to enter into contracts or other arrangements with the United States government or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the state government of this or other states and with irrigation, drainage, conservation, conservancy, or other improvement districts, in this or other states, for cooperation or assistance in constructing, maintaining, using, and operating the works of the district or for making surveys and investigations or reports thereon. It may purchase, lease, or acquire land or other property in adjoining states in order to secure outlets or for other purposes of articles
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to
8
of this title and may let contracts and spend money for securing such outlets or other works in adjoining states.
L. 22: p. 30, § 23. C.L. § 9537. CSA: C. 138, § 148. CRS 53: § 30-3-16. C.R.S. 1963: § 29-3-16.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-113 - Access to lands - penalty

The board of directors of any district organized under articles
1
to
8
of this title, or its employees or agents, including contractors and their employees and the members of the board of appraisers provided for in article
4
of this title, and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district or to have access to the work, being liable, however, for actual damage done; but no unnecessary damage shall be done. Any person or corporation preventing such entry is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than fifty dollars.
L. 22: p. 25, § 14. C.L. § 9528. CSA: C. 138, § 139. CRS 53: § 30-3-7. C.R.S. 1963: § 29-3-7.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-114 - Removal of structures

(1)
For the accomplishment of the official plan, the board of directors of any district has full power to improve in alignment, section, grade, location, or any other manner any watercourse, and it may remove, widen, lengthen, lower, raise, or otherwise change any public or private road bridge or railroad bridge, or any flume, aqueduct, or telephone, telegraph, gas, oil, sewer, water, or other pipelines, or any other construction over, across, in, into, under, or through any such watercourse or may require the same to be done. The foregoing shall apply to all such changes specified by the official plan or reasonably necessary for the accomplishment of the same; but, if any such change is made necessary in any construction because of the failure of the same to permit the free flow of water in such stream in time of flood or to permit the necessary enlargement or protection of the channel, then the owner of such construction shall make such change and all adjustments of grade, roadway, track, approach, or other construction incidental thereto, without cost to the district and without any claim for damages against the district; but the district shall pay the cost of excavating the earth for the enlargement of any channel or for placing earth for the filling of any channel, where such excavation or filling is required as a part of the official plan in making the changes outlined in this section. The district shall not be required to make such fill or excavation unless the same would be necessary to the official plan if the construction or work so changed did not exist.
(2)
Before the removal, change, or modification of any work or construction outlined in this section, the board of directors shall give notice to the owner thereof requiring that the same be adapted to the official plan. In case such removals, changes, or adjustments are not commenced and completed by the owner within the respective times specified therefor in such notice, which time shall be reasonable under all circumstances, such removals, changes, or adjustments may be made by the district at the expense of the owner.
L. 22: p. 28, § 20. C.L. § 9534. CSA: C. 138, § 145. CRS 53: § 30-3-13. C.R.S. 1963: § 29-3-13.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-115 - Passing equipment through bridge or grade

In case it is necessary to pass any dredge boat or other equipment through a bridge or grade of any railroad company or other corporation, county, city, town, or other municipality, the board of directors shall give notice to the owner of said bridge or grade that the same shall be removed temporarily to allow the passage of such equipment or that an agreement be immediately entered into in regard thereto. The owner of said bridge or grade shall keep an itemized account of the cost of the removal and if necessary of the replacing of said bridge or grade, and the necessary and actual cost shall be paid by the district. In case the owner of said bridge or grade fails to commence or complete provision for the passage of said equipment within the time specified in the notice, the board of directors may remove such bridge or grade at its own expense, interrupting traffic in the least degree consistent with good work and without unnecessary damage or delay. In case it is hindered or prevented from so doing, the owner of said bridge or grade shall be liable for all damage resulting to the district therefrom.
L. 22: p. 30, § 21. C.L. § 9535. CSA: C. 138, § 146. CRS 53: § 30-3-14. C.R.S. 1963: § 29-3-14.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-116 - Condemnation under general law

The district shall also have the right, instead of having appraisals made by the board of appraisers, to condemn for the use of the district, according to the procedure provided by articles
1
to
7
of title
38
, C.R.S., for the appropriation of land or other property taken for public use, any land or property within or without said district not acquired or condemned by the court on the report of said appraisers.
L. 22: p. 27, § 18. C.L. § 9532. CSA: C. 138, § 143. CRS 53: § 30-3-11. C.R.S. 1963: § 29-3-11.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3 - BOARD OF DIRECTORS - POWERS AND DUTIES (§§ 37-3-101 — 37-3-117) › Section 37-3-117 - Dominant right of eminent domain

(1)
The district, when necessary for the purposes of articles
1
to
8
of this title, has a dominant right of eminent domain over the right of eminent domain of railroad, telegraph, telephone, gas, water power, and other companies and corporations and over towns, cities, counties, and other public corporations.
(2)
In the exercise of this right, due care shall be taken to do no unnecessary damage to other public utilities and, in case of failure to agree upon the mode and terms of interference, not to interfere with their operations or usefulness beyond the actual necessities of the case, due regard being given to the other public interests involved.
L. 22: p. 27, § 17. C.L. § 9531. CSA: C. 138, § 142. CRS 53: § 30-3-10. C.R.S. 1963: § 29-3-10.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3.5 - DISSOLUTION OF CONSERVANCY DISTRICTS (§§ 37-3.5-101 — 37-3.5-107) › Section 37-3.5-103 - Notice of election

Upon presentation of such petition or resolution, the court shall cause a notice to be published forthwith at least once each week for four consecutive weeks in a newspaper of general circulation in each county where the district or parts thereof lie. Such notice shall recite that a petition or resolution for dissolution of the district has been filed, shall describe generally the territory of the district, and shall further specify the time and places of election, which time shall not be less than sixty days nor more than ninety days after the date of the last publication of the notice. If an objection to the petition or resolution is filed in such court by an owner of land situated within said district within twenty days from the date of the last publication of the notice, the court may, if necessary, continue the election from time to time until all objections are disposed of. Due notice of the time and places of any continued election shall be given in the manner and form prescribed above.
L. 81: Entire article added, p. 1748, § 2, effective May 28.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3.5 - DISSOLUTION OF CONSERVANCY DISTRICTS (§§ 37-3.5-101 — 37-3.5-107) › Section 37-3.5-104 - Objections to resolution or petition

Objections to a resolution for an election shall be confined to the question of whether sufficient directors voted in favor of the same. Objections to a petition for such election shall be confined to the question of whether sufficient qualified owners of land situate within the district have signed the petition for such election. Such petition shall be accepted as prima facie evidence of all facts stated therein, and all signatures affixed to such petition shall be presumed to be those of qualified owners residing within the boundaries of the district until the contrary is proven. No signer of a petition shall be permitted to withdraw his name from such petition after it is filed, except for fraud. All objections shall be heard as an advanced case on the docket of the court. Nothing in this section shall be construed to prevent the filing of subsequent resolutions or petitions for the same purpose, but elections on the proposition of dissolution shall not be held more frequently than once every three years.
L. 81: Entire article added, p. 1748, § 2, effective May 28.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3.5 - DISSOLUTION OF CONSERVANCY DISTRICTS (§§ 37-3.5-101 — 37-3.5-107) › Section 37-3.5-106 - Majority vote determines question

The electors of the district shall be qualified to vote on the question of dissolving the district. If a majority of votes are for dissolution of the district, the district shall be dissolved as provided in section
37-3.5-107
. Any objections to the election, or proceedings to invalidate the election, must be filed in the court within thirty days from the date of the election. Errors, omissions, and irregularities not affecting substantial rights shall be disregarded.
L. 81: Entire article added, p. 1750, § 2, effective May 28.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 3.5 - DISSOLUTION OF CONSERVANCY DISTRICTS (§§ 37-3.5-101 — 37-3.5-107) › Section 37-3.5-107 - Winding up and dissolution - order entered

(1)
In the event that the vote is for dissolution, any qualified signer of the petition for the election or the board of directors of such district may, within such time as may be fixed by the court, present a written plan for the winding up of the affairs of the district. Such plan may specify that the affairs of the district be wound up by the board of directors of the district or by a receiver appointed by the court for that purpose. On a day fixed by the court, the court shall consider such plan and shall enter an order establishing therefrom a plan for the winding up of such affairs. The court shall retain continuing jurisdiction to modify such plan from time to time and shall supervise such winding up.
(2)
If no such plan is presented on or before the day set by the court, then the court shall appoint a receiver to wind up the affairs of the district under the court's supervision. Upon the appointment of any receiver, all authority of the board of directors of the district shall terminate; except that its authority to levy taxes for the payment of the obligations of the district and the costs of winding up shall continue until the district is dissolved. Such board shall levy taxes within the limits imposed by article
5
of this title sufficient to pay expeditiously such obligations and costs, and, if a receiver has been appointed, all tax collections shall be delivered to such receiver.
(3)
When it appears to the satisfaction of the court that all obligations of the district have been discharged and the costs of winding up the district paid, such court shall enter an order dissolving the district, and a certified copy of such order shall be recorded by the clerk of the court in all counties in which the district may be situate. All funds remaining in the hands of such receiver or board of directors after such dissolution shall be divided among the counties comprising any part of such district in proportion to the total valuation of taxable property in such county within the boundaries of such district, as determined by the tax roll of such counties in the treasurer's hands, for the calendar year preceding the year in which such dissolution occurs, and said receiver or members of the board of directors shall thereupon be discharged by the court.
L. 81: Entire article added, p. 1750, § 2, effective May 28.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 4 - APPRAISAL OF BENEFITS (§§ 37-4-101 — 37-4-116) › Section 37-4-101 - Appointment of appraisal commissioners

At the time of making its order organizing the district or at any time thereafter, the court shall appoint three commissioners, referred to in this article as appraisers or the board of appraisers, whose duties shall be to appraise the lands or other property within and without the district to be acquired for rights-of-way, reservoirs, and other works of the district and to appraise all benefits and damages accruing to all land within or without the district by reason of the execution of the official plan. Said appraisers shall be freeholders residing within the state of Colorado, who may or may not own lands within said district. Each of the appraisers, before taking up his duties, shall take and subscribe to an oath that he will faithfully and impartially discharge his duties as such appraiser and that he will make a true report of such work done by him. The appraisers at their first meeting shall elect one of their own number chairman, and the secretary of the board of directors or his deputy shall be ex officio secretary of said board of appraisers during their continuance in office. A majority of the appraisers shall constitute a quorum, and a concurrence of the majority in any matter within their duties is sufficient for its determination. The court, by order, may remove any appraiser at any time, and shall fill all vacancies in the board of appraisers, or may appoint a new board, as occasion may require, which new board, if appointed, shall perform all the duties and exercise all the powers of the board of appraisers of the district.
L. 22: p. 31, § 25. C.L. § 9539. CSA: C. 138, § 150. CRS 53: § 30-4-1. C.R.S. 1963: § 29-4-1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 4 - APPRAISAL OF BENEFITS (§§ 37-4-101 — 37-4-116) › Section 37-4-103 - Land affected outside the district

If the appraisers find that land not embraced within the boundaries of the district will be affected by the proposed improvement or should be included in the district, they shall appraise the benefits and damages to such land, and shall file notice in the court of the appraisal which they have made upon the lands beyond the boundaries of the district, and to the land which, in their opinion, should be included in the district. The appraisers shall also report to the court any lands which, in their opinion, should be eliminated from the district; but no territory lying in any county into which any existing district does not already extend shall be included in such district, except in accordance with the provision of section
37-2-105
with reference to the inclusion of land in such counties.
L. 22: p. 34, § 27. C.L. § 9541. CSA: C. 138, § 152. CRS 53: § 30-4-3. C.R.S. 1963: § 29-4-3.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 4 - APPRAISAL OF BENEFITS (§§ 37-4-101 — 37-4-116) › Section 37-4-104 - Notice of hearing on land excluded from or taken into district

If the report of the board of appraisers includes recommendations that other lands be included in the district or that certain lands be excluded from the district, it is the duty of the clerk of the court before which the proceeding is pending, upon order of the court, to give notice to the owners of such property by publication (Schedule Form V) to be made as provided in articles
1
to
8
of this title for a hearing on the petition for the creation of the district. The time and place of the hearing shall be the same as provided for the hearing on appraisals, and upon such hearing the court shall make and enter such orders with respect to lands to be included in or excluded from the district as the facts and the provisions of articles
1
to
8
of this title require. As to the owners of property to be excluded from the district, it will be sufficient to notify them of that fact.
L. 22: p. 34, § 28. C.L. § 9542. CSA: C. 138, § 153. CRS 53: § 30-4-4. C.R.S. 1963: § 29-4-4.
For Schedule Form V, see § 37-8-101.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 4 - APPRAISAL OF BENEFITS (§§ 37-4-101 — 37-4-116) › Section 37-4-105 - Report of appraisal commissioners

(1)
The board of appraisers shall prepare a tabulated report of its findings which shall be bound in book form and which shall be known as the conservancy appraisal record. Such record (Schedule Form VI) shall contain the names of the owners of property appraised as they appear on the tax rolls or from the records of the office of the county clerk and recorder, a description of the property appraised, the amount of benefits appraised, the amount of damages appraised, and the appraised value of land or other property which may be taken for the purposes of the district. The appraisers shall also report any other benefits or damages or any other matter which, in their opinion, should be brought to the attention of the court. No error in the names of the owners of property or in the descriptions thereof shall invalidate said appraisal or the levy of assessments or taxes based thereon, if sufficient description is given to identify such property.
(2)
When the report is completed, it shall be signed by at least a majority of the appraisers and deposited with the clerk of the court who shall file it in the original case. At the same time certified copies of that part of the report giving the appraisal of benefits and appraisals of land to be taken and of damages in any county other than that in which the original case is pending shall be made and filed with the county clerk and recorder of such county.
L. 22: p. 35, § 29. C.L. § 9543. CSA: C. 138, § 154. CRS 53: § 30-4-5. C.R.S. 1963: § 29-4-5.
For Schedule Form VI, see § 37-8-101.