reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-116 - Conduct of appeals

Appeals taken to the district court under the provisions of section
37-44-115
may be heard at any term thereof at such time as may be fixed by the court, and the cost of such appeal at the discretion of the court may be divided between the internal improvement district and the owner of the land who appeals the classification of the board of directors or assessed against either party. Either party may demand a jury to which shall be submitted all questions of fact as in other civil cases, and said cause shall be heard and determined as other civil causes. The classification as determined and fixed by the court shall be entered in the records of the district in which the lands are situate and thereafter shall be the basis upon which assessments for benefits are made.
L. 23: p. 504, § 14. CSA: C. 138, § 30. CRS 53: § 149-5-14. C.R.S. 1963: § 150-4-14.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-117 - Appeal not to delay

The taking of an appeal by any person as provided in section
37-44-115
shall not operate to delay the collection of any assessment from which no appeal has been taken or to delay the progress of the work or the issuing of any bonds.
L. 23: p. 505, § 15. CSA: C. 138, § 31. CRS 53: § 149-5-15. C.R.S. 1963: § 150-4-15.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-118 - Modification of classification

The board of directors shall modify such classification so that the same conforms to the changes made therein in the hearings before said board, and the secretary of the district shall certify and file said classification of property of the district so modified, properly tabulated or shown by a map or both, with the county clerk and recorder of each county into which said district extends. If on appeal said classification is modified, the board shall then modify the classification, and the secretary of the district shall certify and file the same with the clerk of each county in which the district is located.
L. 23: p. 505, § 16. CSA: C. 138, § 32. CRS 53: § 149-5-16. C.R.S. 1963: § 150-4-16.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-119 - Apportionment of levy

(1)
On or before July 1 in each year, the board of directors shall determine the amount of money required to meet the current expenses of the district for the coming year, including the cost of construction, maintenance, including maintenance of drainage works, operating expenses, and any deficiencies in the payment of expenses already incurred, and bond interest unpaid, and also the amount of bonded indebtedness and the principal or interest which will fall due during the coming year and, by resolution, shall order such an amount of money to be raised by special assessment upon the lands of the district as may be necessary to raise the sum of money so determined, and such amount shall be apportioned among the several tracts in the name of the owner, when known, according to the acreage of each at its figure or classification on the graduated scale so that each tract may bear its equal burden proportionate to benefits.
(2)
The secretary of the district shall make out a special assessment roll, hereinafter designated "assessment list", setting down in opposite columns the owners, names when known, and when unknown stating unknown, a description of the land, and the number denoting the classification of the assessment, which is current expenses and which is bonded indebtedness and interest thereon in separate columns.
L. 35: p. 959, § 5. CSA: C. 138, § 33. CRS 53: § 149-5-17. C.R.S. 1963: § 154-4-17.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-120 - Assessment

The assessment list shall be completed on or before July 15, and, on the first Tuesday in August in each year and from day to day thereafter, Sundays excepted, the board of directors shall sit to hear complaints and to correct errors in such assessments until all complaints filed with the secretary are presented to the board of directors and have had an opportunity to be heard and have been determined. The classification of any lands on the graduated scale shall not be changed or determined at said hearings.
L. 23: p. 506, § 18. CSA: C. 138, § 34. CRS 53: § 149-5-18. C.R.S. 1963: § 150-4-18.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-121 - Assessment list - collection

On or before September 1 in each year, the secretary shall transmit to the county assessor of each county in which said district is located, a certified copy of so much of said assessment book as relates to land within said county together with a certified copy of the order of the board of directors, and the county assessor shall attach his warrant for the collection of said amounts and deliver said certified copy of the warrant to the county treasurer of his county at the same time that the tax roll of the county is delivered, and the county treasurer shall collect said assessments as taxes are collected as a part of the tax roll of that year.
L. 23: p. 506, § 19. CSA: C. 138, § 35. CRS 53: § 149-5-19. C.R.S. 1963: § 150-4-19.
For collection of taxes, see article 10 of title 39.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-122 - Assessment book

The secretary of the board of directors shall deliver the assessment book duly certified together with a copy of the order of the board of directors, levying said assessment, to the district treasurer of said internal improvement district.
L. 23: p. 507, § 20. CSA: C. 138, § 36. CRS 53: § 149-5-20. C.R.S. 1963: § 150-4-20.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-123 - Assessments affect land benefited

All districts organized under authority of this article shall be special or local improvement districts. The assessments levied by, for, or on behalf of any such district shall be local or special improvement assessments. Such assessments shall be determined and levied according to the benefits to accrue to each tract of land included in any such district and not otherwise. No tract of land so included shall be burdened by cumulative levies or otherwise for the payment of delinquencies or defaults in the payment of assessments levied against other lands in such district.
L. 23: p. 507, § 21. CSA: C. 138, § 37. CRS 53: § 149-5-21. C.R.S. 1963: § 150-4-21.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-125 - Where office of district kept

The office of the district shall be kept at such place as the board of directors may designate in the county where the petition for the formation of said district was originally filed.
L. 23: p. 509, § 23. CSA: C. 138, § 39. CRS 53: § 149-5-23. C.R.S. 1963: § 150-4-23.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-126 - Election of officers - oath or affirmation - bond

(1)
The regular election of the district for the purpose of electing a board of directors shall be held on the first Monday after the first Tuesday in December of each year, at which time one director shall be elected for a term of five years; except that, at the first election held to choose the first board of directors after the organization of any internal improvement district has been effected, the person having the highest number of votes shall continue in office for the full term of five years, the next highest four years, the next highest three years, the next highest two years, and the next highest one year. If two or more persons in the same precinct have the same number of votes, their term shall be determined by lot under the direction of the judge of the district court having original jurisdiction of the formation of the said district. The person receiving the highest number of votes for any office to be filled is elected thereto.
(2)
After receiving their certificates of election provided for in section
37-44-135
, said officers shall take an oath or affirmation in accordance with section
24-12-101
. Each member of the board of directors shall execute an official bond in the sum of five thousand dollars, which bond shall be approved by the judge of the district court of the county wherein such organization was effected and shall be filed in the office of the county clerk and recorder thereof. All official bonds shall be in the form prescribed by law for official bonds for county commissioners; except that the obligee named in said bonds shall be the internal improvement district and shall be filed with the county clerk and recorder at the same time as the filing of the oath or affirmation required by this section.
Amended by 2018 Ch. 88,§ 37, eff. 8/8/2018.
L. 23: p. 509, § 24. CSA: C. 138, § 40. CRS 53: § 149-5-24. C.R.S. 1963: § 150-4-24. L. 2018: (2) amended, (HB 18-1138), ch. 88, p. 701, § 37, 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) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-127 - Notices of election of officers

Fifteen days prior to any election held under the provisions of this article and after the organization of an internal improvement district, the secretary shall cause notices specifying the polling place of each precinct to be posted in three public places in each precinct, giving the hour and place of holding the election, and at the same time shall post a general election notice of the election in the office of said internal improvement district.
L. 23: p. 510, § 25. CSA: C. 138, § 41. CRS 53: § 149-5-25. C.R.S. 1963: § 150-4-25.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-128 - Judges and clerk of election

Prior to the time for posting said notices, the board of directors shall appoint three judges of election in each precinct, each of whom shall be a landowner within said precinct, and one of whom shall act as clerk of the election.
L. 23: p. 511, § 26. CSA: C. 138, § 42. CRS 53: § 149-5-26. C.R.S. 1963: § 150-4-26.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-129 - Voters to appoint judges if necessary

If the board of directors fails to appoint judges or the appointees fail to attend at the hour designated for opening the polls on the morning of election, the voters of the precinct present at that hour may appoint one or more judges to supply the places of those absent.
L. 23: p. 511, § 27. CSA: C. 138, § 43. CRS 53: § 149-5-27. C.R.S. 1963: § 150-4-27.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-130 - Administration of oath

Any judge or clerk of election may administer and certify oaths required to be administered during the progress of an election. Before opening the polls each judge and clerk shall take and subscribe an oath to faithfully perform the duties imposed upon him by law. Any qualified elector of the precinct may administer and certify said oath.
L. 23: p. 511, § 28. CSA: C. 138, § 44. CRS 53: § 149-5-28. C.R.S. 1963: § 150-4-28.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-131 - Hours polls open

The polls shall be open at 8 a.m. and be kept open until 6 p.m. of the day of election.
L. 23: p. 511, § 29. CSA: C. 138, § 45. CRS 53: § 149-5-29. C.R.S. 1963: § 150-4-29.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-132 - Count of ballots - certificate of returns

After closing the polls the judges of election shall forthwith proceed to count the ballots and make returns of the results of the election. It is the duty of the clerk forthwith to deliver the returns duly certified to the board of directors of the internal improvement district, together with the ballots cast.
L. 23: p. 511, § 30. CSA: C. 138, § 46. CRS 53: § 149-5-30. C.R.S. 1963: § 150-4-30.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-133 - Canvass of returns - result

The board of directors shall meet at the office of the internal improvement district on the first Monday after an election and canvass the returns. If at the time of the meeting the returns have been received from all the precincts, the board of directors shall then proceed to canvass the returns. If returns have not been received from all precincts, the canvass shall be postponed from day to day until the returns have all been received or until six postponements have been had. The canvass shall be made in public by opening the returns and counting the votes of the district for each person voted for and for or against each question submitted at such election and declaring the results thereof. The board shall declare elected the person receiving the highest number of votes for each office and shall declare the result of the vote on any question submitted to the voters.
L. 23: p. 511, § 31. CSA: C. 138, § 47. CRS 53: § 149-5-31. C.R.S. 1963: § 150-4-31.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-134 - Procedure in case of tie

In the event that at any regular or special election two or more persons receive the same number of votes and one is elected thereby, the election shall be determined by lot under direction of the county judge of the county in which the office of the internal improvement district is kept.
L. 23: p. 512, § 32. CSA: C. 138, § 48. CRS 53: § 149-5-32. C.R.S. 1963: § 150-4-32.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-135 - Certificate of election

The secretary shall forthwith deliver to each person elected a certificate of election, signed by the secretary and authenticated with the seal of the internal improvement district.
L. 23: p. 512, § 33. CSA: C. 138, § 49. CRS 53: § 149-5-33. C.R.S. 1963: § 150-4-33.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-136 - Filling vacancy

In case of vacancy in the board of directors, by death, removal, or inability from any cause to properly discharge the duties of a director, the board of county commissioners of the county where the office of said district is located shall appoint a director who shall hold his office until the next regular election in said district and until his successor is elected and qualified.
L. 23: p. 512, § 34. CSA: C. 138, § 50. CRS 53: § 149-5-34. C.R.S. 1963: § 150-4-34.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-137 - Collection of assessments

The revenue laws of this state for the assessment and collection of taxes on real estate for county purposes, except as modified by this article, shall be effective for the purposes of this article, including the enforcement of penalties and forfeitures for delinquent taxes.
L. 23: p. 513, § 35. CSA: C. 138, § 51. CRS 53: § 149-5-35. C.R.S. 1963: § 150-4-35.
For the assessment and collection of property taxes, see articles 1 to 14 of title 39.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-138 - Construction contract - bond

After adopting a plan for the construction of reservoirs and works for the protection of life and property and to furnish water for the irrigation of the territory embraced within the boundaries of the internal improvement district, or to drain lands within or without the boundaries of said district, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in the county in which the office of the internal improvement district is located, provided a newspaper is published therein, and in such other newspapers as it may deem advisable, calling for bids for the construction of said works or any portion thereof. If less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. The notice shall set forth that plans and specifications may be seen at the office of the board and that the board shall receive sealed proposals therefor and that the contract will be let to the lowest responsible bidder, stating the time and place for opening the proposals, which bids at said time and place shall be opened in public. As soon as convenient thereafter, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or it may reject any or all bids and readvertise for proposals, or may proceed to construct the work under its own superintendence. Contracts for the purchase of materials shall be awarded to the lowest responsible bidder. The person to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of said contract, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge and shall be approved by the board.
L. 35: p. 960, § 6. CSA: C. 138, § 52. CRS 53: § 149-5-36. C.R.S. 1963: § 150-4-36.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-139 - Claims - audit - payment

Except with respect to claims coming within the provisions of article
10
of title
24
, C.R.S., no claim shall be paid by the district treasurer until the same is allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, which warrants shall state the date authorized by the board and for what purposes. If the district treasurer has not sufficient money on hand to pay such warrant when it is presented for payment, he shall endorse thereon "not paid for want of funds, this warrant draws interest from date at six percent per annum" and endorse thereon the date when so presented over his signature, and from the time of such presentation such warrant shall draw interest at the rate of six percent per annum. All claims against the district shall be verified, and the secretary of the district is authorized to administer oaths to the parties verifying said claims, the same as a notary public might do. The district treasurer shall keep a register in which he shall enter said warrants presented for payment, showing the date and amount of such warrants, to whom payable, the date of presentation for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be paid in their order of presentation for payment to the district treasurer. All warrants shall be drawn payable to bearer the same as for county warrants.
L. 23: p. 514, § 37. CSA: C. 138, § 53. CRS 53: § 149-5-37. C.R.S. 1963: § 150-4-37. L. 71: p. 1217, § 18. L. 75: Entire section amended, p. 223, § 80, effective July 16. L. 76: Entire section amended, p. 311, § 59, effective May 20.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-140 - Expenses of organization

For the purpose of defraying the expenses of the organization of the district, and the repair, operation, management, and improvement of all reservoirs, inlet works, outlet works, drainage works, canals, and works for the protection of life and property from floods, washing, and inundation, including salaries of officers and employees, the board may provide, in whole or in part, for the payment of such expenditures by levy of assessments therefor as provided in section
37-44-119
, if the money raised by the sale of bonds issued is insufficient. In case bonds are unavailable for the completion of the plans of works adopted, the board of directors may provide for the completion of said plans by levy of an assessment therefor in the same manner in which levy of assessments is made for other purposes.
L. 23: p. 515, § 38. L. 35: p. 961, § 7. CSA: C. 138, § 54. CRS 53: § 149-5-38. C.R.S. 1963: § 150-4-38.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-141 - Works may cross other lands

The board of directors has the dominant power to construct said works across any stream of water, watercourses, street, avenue, highway, railway, canal, ditch, or flume which intersects or crosses the area covered by such works or reservoir site, and, if said board and such railroad company or the owners and controllers of said property, thing, or franchise so to be crossed cannot agree upon the amount to be paid therefor, or the points or the manner of said crossing, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land for public uses. The right-of-way is hereby given, dedicated, and set apart to locate, construct, and maintain said works or reservoirs over, through, or upon any of the lands which are the property of the state.
L. 23: p. 515, § 39. CSA: C. 138, § 55. CRS 53: § 149-5-39. C.R.S. 1963: § 150-4-39.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-142 - Officers' compensation

The directors shall receive a salary at the rate of four dollars per day while attending meetings and for each day necessarily spent in attending to the business of the district and their actual and necessary expenses while engaged in official business. The salary of the secretary shall not exceed fifteen hundred dollars per annum. No director or any officer named in this article shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board or in the profits to be derived therefrom, nor shall he or she receive any bonds, gratuity, or bribe; and for the violation of this provision such officer commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S. He or she shall also forfeit his or her office upon conviction.
L. 23: p. 516, § 40. CSA: C. 138, § 56. CRS 53: § 149-5-40. C.R.S. 1963: § 150-4-40. L. 77: Entire section amended, p. 885, § 69, effective 7/1/1979. L. 89: Entire section amended, p. 851, § 138, effective July 1. L. 2002: Entire section amended, p. 1554, § 338, effective October 1.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-143 - Limit of indebtedness

The board of directors, or other officers of the district, shall have no power to incur any debt or liability, either by issuing bonds or otherwise, in excess of the express provisions of this article, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void.
L. 23: p. 516, § 41. CSA: C. 138, § 57. CRS 53: § 149-5-41. C.R.S. 1963: § 150-4-41.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-144 - Insufficient supply

In case the volume of storage water from the reservoir or other works in any district shall not be sufficient to supply the continual wants of that portion of the district requiring reservoir water, then it is the duty of the board of directors to distribute all water available on certain or alternate days to different localities in proportion to the benefits for which the respective lands in said district have been assessed.
L. 23: p. 516, § 42. CSA: C. 138, § 58. CRS 53: § 149-5-42. C.R.S. 1963: § 150-4-42.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-145 - Judicial action on bonds

The board of directors of an internal improvement district organized under the provisions of this article may commence special proceedings, by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of the district, whether said bonds have or have not been sold or disposed of, may be judicially examined, approved, and confirmed.
L. 23: p. 517, § 43. CSA: C. 138, § 59. CRS 53: § 149-5-43. C.R.S. 1963: § 150-4-43.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-146 - Petition for confirmation

The board of directors shall present to the district court in which the organization of the district was elected, a petition, praying, in effect, that the proceedings may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings had for the issue and sale of said bonds and shall state generally that the internal improvement district was duly organized and that the first board of directors was duly elected; but the petition need not state the facts showing such organization of the district or the election of said first board of directors.
L. 23: p. 517, § 44. CSA: C. 138, § 60. CRS 53: § 149-5-44. C.R.S. 1963: § 150-4-44.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-147 - Notice of hearing

The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published for three successive weeks in a newspaper published in each county into which the district may extend. The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petitioners and that any person interested in the organization of said district, or sale of said bonds, on or before the day fixed for the hearing of said petition, may move to dismiss or answer said petition. The petition may be referred to and described in said notice as the petition of the board of directors of .............. internal improvement district (giving its name), praying that the proceedings for the issue of said bonds of said district may be examined, approved, and confirmed by the court.
L. 23: p. 517, § 45. CSA: C. 138, § 61. CRS 53: § 149-5-45. C.R.S. 1963: § 150-4-45.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-148 - Answer or pleading

Any person interested in said district, or in the issue or sale of said bonds, may move to dismiss or to answer said petition. The Colorado rules of civil procedure respecting motions to dismiss and answer to a verified complaint shall be applicable to a motion to dismiss and answer said petition. The person so moving or answering said petition shall be the defendant to the special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specifically contradicted by the answer for the purpose of said special proceedings shall be taken as true, and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice relating to appeals and appellate review as provided by law and the Colorado appellate rules which are not inconsistent with the provisions of this article are applicable to the special proceedings.
L. 23: p. 518, § 46. CSA: C. 90, § 62. CRS 53: § 149-5-46. C.R.S. 1963: § 150-4-46.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 44 - INTERNAL IMPROVEMENT DISTRICTS LAW OF 1923 (§§ 37-44-101 — 37-44-149) › Section 37-44-149 - Determination

Upon the hearing of such special proceedings, the court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed and shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, the proceedings for the organization of said district, from and including the petition for the organization of the internal improvement district, and all other proceedings which may affect the legality and validity of said bonds and the order of sale and the sale thereof. The court, inquiring into the regularity, legality, or correctness of said proceedings, must disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to such special proceedings. The court by decree may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The cost of the special proceedings may be allowed and apportioned between the parties, in the discretion of the court. Appeals for review of judgments of the district court may issue as provided by law and the Colorado appellate rules as in other civil cases.
L. 23: p. 519, § 47. CSA: C. 138, § 63. CRS 53: § 149-5-47. C.R.S. 1963: § 150-4-47.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-101 - Short title

This article shall be known and may be cited as the "Water Conservancy Act".
L. 37: p. 1311, § 2. CSA: C. 173B, § 16. CRS 53: § 149-6-2. L. 61: p. 843, § 1. C.R.S. 1963: § 150-5-2.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-102 - Legislative declaration

(1)
It is hereby declared that to provide for the conservation of the water resources of the state of Colorado and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as defined in this article by such districts are a public use and will:
(a)
Be essentially for the public benefit and advantage of the people of the state of Colorado;
(b)
Indirectly benefit all industries of the state;
(c)
Indirectly benefit the state of Colorado in the increase of its taxable property valuation;
(d)
Directly benefit municipalities by providing adequate supplies of water for domestic use;
(e)
Directly benefit lands to be irrigated from works to be constructed;
(f)
Directly benefit lands now under irrigation by stabilizing the flow of water in streams and by increasing flow and return flow of water to such streams;
(g)
Promote the comfort, safety, and welfare of the people of the state of Colorado.
(2)
It is therefore declared to be the policy of the state of Colorado:
(a)
To control, make use of, and apply to beneficial use all unappropriated waters originating in this state to a direct and supplemental use of such waters for domestic, manufacturing, irrigation, power, and other beneficial uses;
(b)
To obtain from water originating in Colorado the highest duty for domestic uses and irrigation of lands in Colorado within the terms of interstate compacts;
(c)
To cooperate with the United States under the federal reclamation laws and other agencies of the United States government for the construction and financing of works in the state of Colorado as defined in this article, and for the operation and maintenance thereof;
(d)
To promote the greater prosperity and general welfare of the people of the state of Colorado by encouraging the organization of water conservancy districts as provided in this article.
(3)
It is further declared that:
(a)
The development, use, and conservation of water within this state is inextricably tied to the development and construction of works as defined in this article;
(b)
The development and construction of such works shall be deemed to be the development, use, and conservation of water; and
(c)
Such works are deemed to be a public use essential for the public benefit of the people of this state.
L. 37: p. 1309, § 1. CSA: C. 173B, § 15. CRS 53: § 149-6-1. C.R.S. 1963: § 150-5-1. L. 92: (3) added, p. 2291, § 1, effective April 2.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-104 - Name of district - bonds

The districts created under this article may be termed "water conservancy districts", and the bonds which may be issued under this article may be called "water conservancy bonds", and such designation may be engraved or printed on their face.
L. 37: p. 1311, § 2. CSA: C. 173B, § 16. CRS 53: § 149-6-2. L. 61: p. 843, §. C.R.S. 1963: § 150-5-2.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-105 - Liberal construction

This article, being necessary to secure and preserve the public health, safety, convenience, and welfare and for the security of public and private property, shall be liberally construed to effect the purposes of this article.
L. 37: p. 1358, § 39. CSA: C. 173B, § 53. CRS 53: § 149-6-41. C.R.S. 1963: § 150-5-41.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-106 - Constitutional construction clause

If the courts of the state or of the United States declare any section, provision, paragraph, clause, sentence, or phrase, or part thereof, of this article invalid or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, or phrase, or part thereof, of this article, then such decision shall affect only the section, provision, paragraph, clause, sentence, phrase, or part thereof declared to be unconstitutional or unauthorized and shall not affect any other part whatsoever of this article. The general assembly of the state of Colorado declares that it would have passed this article and each section, provision, paragraph, clause, sentence, or phrase hereof irrespective of the fact that any one or more of the other sections, provisions, paragraphs, clauses, sentences, or phrases, or parts thereof, are declared invalid or unconstitutional.
L. 37: p. 1358, § 40. CSA: C. 173B, § 54. CRS 53: § 149-6-42. C.R.S. 1963: § 150-5-42.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-107 - Repeal - saving clause

All acts or parts of acts conflicting in any way with any of the provisions of this article in regard to the improvements or improvement districts, or regulating or limiting the power of taxation or assessments, or otherwise interfering with the accomplishment of the purposes of this article according to its terms are declared nonoperative and noneffective as to this article as completely as if they did not exist. But all such acts and parts of acts shall not in any other way be affected by this article.
L. 37: p. 1358, § 41. CSA: C. 173B, § 55. CRS 53: § 149-6-43. C.R.S. 1963: § 150-5-43.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-108 - Jurisdiction of district courts

The district court sitting in and for any county in this state is hereby vested with jurisdiction when the conditions stated in section
37-45-109
are found to exist to establish water conservancy districts which may be entirely within or partly within and partly without the judicial district in which said court is located for conserving, developing, and stabilizing supplies of water for domestic, irrigation, power, manufacturing, and other beneficial uses as provided in this article; but the terms of this article shall not be construed to confer upon such district court jurisdiction to hear, adjudicate, and settle questions concerning the priority of appropriation of water between districts organized under this article and ditch companies and other owners of ditches drawing water for irrigation purposes from the same stream or its tributaries, and jurisdiction to hear and determine such questions of law and questions of right growing out of or in any way involved or connected therewith are expressly excluded from this article and shall be determined in the proper county as otherwise provided by the laws of the state of Colorado.
L. 37: p. 1313, § 3. CSA: C. 173B, § 17. CRS 53: § 149-6-3. C.R.S. 1963: § 150-5-3.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-110 - Bond of petitioners

At the time of filing the petition or at any time subsequent thereto and prior to the time of hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all expenses, including any expenses of an election, 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 to be not less than ten days distant, and, upon failure of the petitioner to execute the same, the petition shall be dismissed.
L. 37: p. 1316, § 5. CSA: C. 173B, § 19. CRS 53: § 149-6-5. C.R.S. 1963: § 150-5-5. L. 81: Entire section amended, p. 1754, § 2, effective June 19.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 45 - WATER CONSERVANCY DISTRICTS (§§ 37-45-101 — 37-45-153) › Section 37-45-111 - Notice of hearing on petition

(1)
Immediately after the filing of such petition, the court wherein such petition is filed, by order, shall fix a place and time, not less than sixty days nor more than ninety days after the petition is filed, for hearing thereon, and thereupon the clerk of said court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon; the clerk of said court shall also forthwith cause a copy of said notice to be mailed by United States registered mail to the board of county commissioners of each of the several 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 water conservancy district has been filed shall thereafter for all purposes of this article, except as otherwise provided in this article, maintain and have original and exclusive jurisdiction coextensive with the boundaries of said water conservancy district and of land 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 this article by reason of ownership of property within any water conservancy district or proposed water conservancy district or by reason of ownership of any property that may be benefited, taxed, or assessed therein.
L. 37: p. 1316, § 6. CSA: C. 173B, § 20. CRS 53: § 149-6-6. C.R.S. 1963: § 150-5-6.