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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-110 - Creation of subdistricts

(1)
Notwithstanding the organization of the district provided for in this article, public irrigation districts organized under article 4 of chapter 149, CRS 53, and irrigation districts organized under articles
41
and
42
of this title, and any other form or organization designed or intended to acquire, construct, or maintain reservoirs, ditches, and similar works for irrigation or other beneficial purposes under any law of the state of Colorado or of the United States, may be organized to cover and include areas within the southwestern water conservation district and may likewise embrace territory within that district and partly out of the district. Whenever in their opinion such form of organization will help promote the local interests or accomplish improvements for any part of said district, the board of directors may recommend the organization of any such type of organization.
(2)
In addition to such forms of organization, whenever in the opinion of the board of directors of said district it is feasible and necessary that ditches, canals, reservoirs, or other works which benefit only a part of the district should be constructed, a local improvement district or subdivision, or as many of such local improvement districts as may be necessary, may be created. Such local improvement district, when organized under the provisions of this article, shall be designated as "Water Users' Association No. .... in the Southwestern Water Conservation District", or as "Special Improvement District No. .... in the Southwestern Water Conservation District". Each subdistrict shall be numbered consecutively as created or organized. The board of directors, the engineers, attorneys, secretary, and other officers, agents, and employees of the district, so far as it may be necessary, shall serve in the same capacity for such subdivision or subdistricts. A contract and agreement between the main district and the subdistrict may be made in the same manner as contracts and agreements between two districts.
L. 41: p. 874, § 8. CSA: C. 173B, § 63. CRS 53: § 149-9-8. C.R.S. 1963: § 150-8-8.
The public irrigation law, article 4 of chapter 149, CRS 53, referred to in subsection (1) of this section, was repealed, but the provisions of said article 4 were preserved as to all districts formed under that article prior to 1963. (See L. 63, p. 1009.)
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-111 - Rules and regulations

Such district has the power to make general rules and regulations for the conduct of its business, as well as the conduct of the business of any subdistrict therein, and by such rules and regulations may provide for the rental of water or other services which are to be furnished by said subdistrict, to any municipality, public irrigation district, or irrigation district, or other quasi-municipal corporation in this state, and to make contracts for the payment of the rental to be charged for any such water or services.
L. 41: p. 888, § 30. CSA: C. 173B, § 85. CRS 53: § 149-9-30. C.R.S. 1963: § 150-8-30.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-113 - Time and place 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, which may be substantially the same as provided in section
37-8-101
, to be made of the pendency of the petition and of the time and place of the 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 subdistrict and to the board of directors of said district in the event that said petition is filed by the landowners.
(2)
The district court in and for the county in which the petition for the organization of a subdistrict 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 subdistrict, of lands and other property proposed to be included in said subdistrict or effected by said subdistrict, 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 subdistrict or proposed subdistrict or by reason of ownership of any property that may be benefited, taxed, or assessed therein.
L. 41: p. 876, § 10. CSA: C. 173B, § 65. CRS 53: § 149-9-10. C.R.S. 1963: § 150-8-10.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-115 - Plan for subdistrict

Upon organization of such subdistrict, the board of directors of said district, acting as the board of directors of said subdistrict, are authorized and required to prepare and adopt as the official plans for said subdistrict a comprehensive detailed plan showing the nature of the improvements or works, including all canals, reservoirs, and ditches, whether within or without the district, and the estimated cost of each principal part of said system or works.
L. 41: p. 878, § 12. CSA: C. 173B, § 67. CRS 53: § 149-9-12. C.R.S. 1963: § 150-8-12.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-116 - Appointment of appraisers

As soon as such official plan has been prepared and adopted and is on file in the office of said district, the court, upon petition of the district, shall appoint a board of appraisers consisting of three members. The qualifications of said appraisers and all proceedings before them shall be in accordance with the provisions of the law pertaining to the duties and qualifications of appraisers under the conservancy law of Colorado as set forth in article
4
of this title; except that, where reference is made to districts, it shall apply to subdistricts organized under this article.
L. 41: p. 879, § 13. CSA: C. 173B, § 68. CRS 53: § 149-9-13. C.R.S. 1963: § 150-8-13.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-117 - Compensation of appraisers

Appraisers when appointed under the provisions of this article shall receive a compensation of ten dollars per day during the time that they are engaged in the performance of their duties.
L. 41: p. 880, § 15. CSA: C. 173B, § 70. CRS 53: § 149-9-15. C.R.S. 1963: § 150-8-15.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-120 - Improvement district bonds

(1)
The board of directors of said district may issue as obligations of the subdistrict, not as an obligation of the southwestern water conservation district, improvement district bonds to be paid out of special assessments made by said board of directors against all lands in the subdistrict, not exceeding in the aggregate amount of ninety percent of the amount of benefits assessed against said lands and unpaid at the time of issue of said bonds. Such bonds shall contain a recital to the effect that they are issued under and in accordance with the provisions of this article as special improvement district bonds and are payable out of special assessments to be levied against the property in said subdistrict and not otherwise.
(2)
Said improvement district bonds shall be signed, "Water Users' Association No. .... or Special Improvement District No. ...., of the Southwestern Water Conservation District, By .............., President", and countersigned ".............., Treasurer". Otherwise said bonds shall be in such denominations and become due at such dates, with interest at such rate, payable either annually or semiannually, but not exceeding the rate of six percent per annum, and contain such other provisions as may be fixed by the board of directors, if said provisions are not inconsistent with the terms of this article. Except as otherwise expressly modified in this article, the law relating to the form and issuance of bonds of conservancy districts under the laws of this state, particularly section
37-5-106
, shall apply and govern officers of the district in the issuance and sale of said bonds, and other provisions of said law with respect to the levy of assessments for the payment of said bonds with interest, and particularly section
37-5-110
, shall likewise be applicable to the bonds of a subdistrict organized under this article.
L. 41: p. 881, § 17. CSA: C. 173B, § 72. CRS 53: § 149-9-17. C.R.S. 1963: § 150-8-17.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-121 - Assessments constitute perpetual lien

All assessments on account of special improvements against appraised benefits and interest thereon and penalties for default of payment thereof, together with the cost of collecting the same, from the date of the filing of the "construction fund assessment" record and the "maintenance fund assessment" record in the office of the treasurer of the county wherein the lands and property are situate, shall constitute a perpetual lien in an amount not in excess of the benefits severally appraised upon the land and other property against which said assessments have been levied and such benefits appraised, to which only the lien of the general, state, county, city, town, or school taxes shall be paramount, but no sale of said property, to enforce any general, state, county, city, town, school tax, or other lien, shall extinguish the perpetual lien of said assessment. At any time any landowner may pay the full amount of said assessment, and thereafter the property of any such landowner shall be clear and free from said lien and shall not be subject to assessment for and on account of benefits appraised against any other land or default in the payment of assessments made against any other land.
L. 41: p. 882, § 18. CSA: C. 173B, § 73. CRS 53: § 149-9-18. C.R.S. 1963: § 150-8-18.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-122 - Directors to remedy defects in assessments

If any assessment made under the provisions of this article proves invalid, the board of directors shall, by subsequent or amended acts or proceedings, promptly and without delay remedy all defects or irregularities, as the case may require, by making and providing for the collection of new assessments, or otherwise.
L. 41: p. 883, § 19. CSA: C. 173B, § 74. CRS 53: § 149-9-19. C.R.S. 1963: § 150-8-19.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-123 - Record of assessments as evidence

The record of assessments contained in the respective assessment records of the district shall be prima facie evidence in all courts of all matters therein contained.
L. 41: p. 883, § 20. CSA: C. 173B, § 75. CRS 53: § 149-9-20. C.R.S. 1963: § 150-8-20.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-124 - Defects in notice perfected

Whenever notice is provided for in this article, if the court finds that due notice was not given, jurisdiction shall not thereby be lost or the proceedings abated or held void, but the court shall continue the hearing until such time as proper notice may be given and shall thereupon proceed as though proper notice had been given in the first instance. If any appraisement, assessment, levy, or other proceeding relating to said district is held defective, then the board of directors may file a motion in the cause in which said district was organized to perfect any such defect, and the court shall set a time for hearing thereon. If the original notice as a whole is held to be sufficient but faulty only with reference to publication as to certain particular lands or as to service as to certain persons, publication of the defective notice may be ordered as to the particular lands, or service may be made on the persons not properly served, and said notice is thereby corrected without invalidating the original notice as to other lands or persons.
L. 41: p. 883, § 21. CSA: C. 173B, § 76. CRS 53: § 149-9-21. C.R.S. 1963: § 150-8-21.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-125 - Contracts of subdistricts

(1)
When the petition for the organization of a subdistrict and the decree for such organization so provide, it shall be lawful for any subdistrict to make contracts as follows:
(a)
A water users' association may bind itself to levy an annual assessment for the use of water and to secure same by liens on land and water rights or in such manner as may be provided by law.
(b)
Any person or corporation landowner may create a mortgage lien upon lands or give other security satisfactory to the board or any other contracting agency, and all such contracts shall provide for forfeiture of the use of water for nonpayment of assessments or installments in the same manner and procedure as provided by statute for forfeiture of stock in a mutual ditch company.
L. 41: p. 884, § 23. CSA: C. 173B, § 78. CRS 53: § 149-9-23. C.R.S. 1963: § 150-8-23.
For forfeiture of stock in a ditch company, see § 7-42-104(4).
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-127 - Board to certify assessments

(1)
To maintain, operate, and preserve ditches, canals, reservoirs, or other improvements made pursuant to this article, and to strengthen, repair, and restore the same, when needed, and for the purpose of defraying any incidental expenses of the subdistrict, the board of directors may, upon completion of a works provided for in the plan for any such subdistrict, on or before the first Monday in November of each year thereafter, certify to the board of county commissioners of the county in which said subdistrict or any part thereof is located an assessment on each tract of land and upon public corporations subject to assessment under this article, for the purpose of raising funds to be used for the maintenance of said improvements. If an appraisal of benefits has been made against the lands in said district, assessments shall be apportioned by the county treasurer and by the board of directors of said district against the property therein upon the basis of the appraisal of benefits originally made. If no such appraisal has been made and the form of organization and financing is such that revenue warrants or general obligations of the subdistrict have been issued, then said assessment shall be made on the basis of the valuation for assessment of the property subject to assessment in said subdistrict.
(2)
Said assessment shall not exceed five mills on each dollar of the valuation for assessment of the property in said subdistrict in any one year, unless the court shall by order authorize an assessment of a larger percentage. Said assessment shall be levied by resolution of the board of directors and shall be enrolled in a well-bound record to be known as the maintenance fund assessment record and shall be substantially the form provided for similar records of conservancy districts under the laws of the state of Colorado, particularly as provided by section
37-5-107
. Assessments so certified shall be levied by the board of county commissioners of the counties in which said subdistrict is situate, on the property of said district in their respective counties, to be collected by the treasurers of the several counties and delivered to the treasurer of the district in like manner and with like effect as is provided for the collection and return of other assessments under this article. The whole assessment shall be due and payable as and when taxes for county purposes levied in the same year are due and payable. The said maintenance assessments shall be in addition to any assessments which have been levied against benefits appraised for and on account of construction.
L. 41: p. 884, § 24. CSA: C. 173B, § 79. CRS 53: § 149-9-24. C.R.S. 1963: § 150-8-24.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-128 - Limitations on power to levy and contract

(1)
The district has no power of taxation or right to levy or assess taxes, except an annual levy, not exceeding six-tenths of a mill on each dollar of the valuation for assessment of property in said district, as provided in section
37-47-109
. The district has no power to contract or incur any obligation or indebtedness except as expressly provided in this article, and then any obligation or indebtedness so contracted or incurred is to be payable out of the funds derived through said limited tax and not otherwise; except that said district for and in behalf of any subdistrict or improvement district created under this article has the right to issue obligations as expressly authorized in this article and not otherwise.
(2)
Before July 1, 2024, all assessments under this article 47 shall be collected by the county treasurer of the respective counties in which said real estate is situated at the same time and in the same manner as is provided by law for the collection of taxes for county and state purposes, and, if said assessments are not paid, then the real estate shall be sold at the regular tax sale for the payment of said assessments, interest, and penalties in the manner provided by the statutes of the state of Colorado for selling property for the payment of general taxes. If there are no bids at said tax sale for the property so offered, said property shall be struck off to the district, and the tax certificates shall be issued in the name of the district, and the board of directors has the same power with reference to the sale of said tax certificates as is now vested in county commissioners and county treasurers when property is struck off to the counties.
(3)
Before July 1, 2024, tax deeds may be issued, based upon said certificates of sale, in the same manner that deeds are executed on tax sales on general state and county taxes.
(4)
Notwithstanding any law to the contrary, on or after July 1, 2024, the district, a subdistrict, or a county treasurer shall follow the procedures established in article 11.5 of title 39 and shall not follow the procedures established in this section or article 11 of title 39 concerning the sale or striking off of property to the district or the issuance of a certificate of sale or tax deed. Notwithstanding any law to the contrary, on or after July 1, 2024, a lot or parcel of land shall not be struck off to the district and a tax certificate or tax deed shall not be issued pursuant to this section or article 11 of title 39 to the extent such actions would be inconsistent with the requirements of article 11.5 of title 39.
Amended by 2024 Ch. 165,§ 22, eff. 7/1/2024.
L. 41: p. 887, § 27. CSA: C. 173B, § 82. CRS 53: § 149-9-27. C.R.S. 1963: § 150-8-27. L. 73: p. 1533, § 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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-129 - Investment of surplus funds

The board of directors of said district may invest any surplus funds of the district including any funds in the construction fund assessment not needed for immediate use to pay the cost of construction of any project in any one of the subdistricts, or to pay bonds or coupons or to meet current expenses, in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S. The board of directors of said district may require any funds of the district, or of any subdistrict, to be deposited with such depository or bank as may be designated by the board and likewise shall have authority to require the treasurer of the district to take from such depository a bond with corporate surety to insure payment of any such deposit or to require such depository to pledge securities of the same kind as those in which the district is authorized to invest its funds to insure payment of any such deposit.
L. 41: p. 887, § 28. CSA: C. 173B, § 83. CRS 53: § 149-9-28. C.R.S. 1963: § 150-8-28. L. 89: Entire section amended, p. 1124, § 52, effective July 1.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-130 - Sinking fund

Said district may provide for a sinking fund for the ultimate payment of any of the obligations of any subdistrict. Such sinking fund may be invested as provided in section
37-47-129
.
L. 41: p. 888, § 29. CSA: C. 173B, § 84. CRS 53: § 149-9-29. C.R.S. 1963: § 150-8-29.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-132 - Subdistrict furnishing water to nonirrigated land

In order to enable a subdistrict organized under the provisions of this article to furnish water to lands which have not been irrigated and had, up to the time of the construction of the works to be constructed by said subdistrict, no water supply and, at the same time, to enable other areas within the same subdistrict to obtain a supplemental supply of water or to enable said subdistrict to furnish a complete service to certain lands, certain areas, certain persons or municipalities within the district and to supplement an existing supply or service to other persons, localities, and municipalities, prior to the time that an appraisement of benefits is made in any such subdistrict, the board of directors may make a resolution setting forth the amount of water or the kind of service to be allocated to specified classes or areas, and such limitation shall be taken into consideration by the appraisers in the appraisal of benefits with respect to lands affected by any such limitation. Like conditions and restrictions may be provided for payment by certain lands or persons of revenue warrants which pledge the income from the works of said subdistricts, but no such limitation shall be contained or govern the payment of any general obligations of any such subdistrict.
L. 41: p. 889, § 32. CSA: C. 173B, § 87. CRS 53: § 149-9-32. C.R.S. 1963: § 150-8-32.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-133 - Election to authorize debt

Except for the issuance of refunding bonds or other funding or refunding of obligations which does not increase the net indebtedness of the district or any subdistrict so proceeding, no indebtedness shall be incurred by the issuance of general obligation bonds of any subdistrict or by any contract by which the district or a subdistrict agrees to repay as general obligations or other obligations constituting a "general obligation debt by loan in any form", as such term is used in section 6 of article XI of the state constitution, of the district or subdistrict, respectively, to the federal government, any political subdivision, or any person over a term not limited to the then current fiscal year any project costs advanced thereby under any contract for the acquisition or improvement of the facilities or any interest therein, or for any project, advanced by the issuance of securities of such a political subdivision or person to defray any cost of the project or of the facilities or an interest therein thereby acquired and becoming a part of the facilities of the district or subdistrict, or otherwise advanced, unless a proposal of issuing the subdistrict's general obligation bonds or of incurring an indebtedness by the district or subdistrict by making such a contract is submitted to the electors of the district or subdistrict, as the case may be, and is approved by a majority of such electors voting on the proposal at an election held for that purpose in accordance with this article and with all laws amendatory thereof and supplemental thereto.
L. 77: Entire section added, p. 1658, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-134 - Definition of elector

(1)
An "elector", "elector of the district", or "elector of the subdistrict", or any term of similar import, means a person:
(a)
Who, at the time of the election, is qualified to vote in general elections in this state; and
(b)
Who is a resident of the district or subdistrict proposing to incur an indebtedness at the time of the election.
(2)
Registration pursuant to the laws concerning general elections or any other laws shall not be required.
L. 77: Entire section added, p. 1659, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-135 - Elections

Whenever in this article an election of the electors of the district or a subdistrict therein is permitted or required, the election may be held separately at a special election or may be held concurrently with any primary or general election held under the laws of this state; but no election shall be held at the same time as any regular election of any city, town, or school district if any part of the area thereof is located within the boundaries of the district.
L. 77: Entire section added, p. 1659, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-136 - Election resolution

(1)
The board of directors shall call any election by resolution adopted at least thirty days prior to the election.
(2)
Such resolution shall recite the objects and purposes of the election, the date upon which such election shall be held, and the form of the ballot.
(3)
In the case of any election not to be held concurrently with a primary or general election, the board of directors shall provide in the election resolution or by supplemental resolution for the appointment of sufficient judges and clerks of the election, who shall be electors of the district or the subdistrict holding the debt election, and in such event shall set their compensation. The election resolution or a supplemental resolution shall also then designate the precincts and polling places, but a supplemental resolution may modify such a description of precincts and polling places without repeating such description in full. The description of precincts may be made by reference to any order of the governing body of any county, municipality, or other political subdivision in which the district or subdistrict or any part thereof is situated, or by reference to any previous order or other instrument of such a governing body, or by detailed description of such precincts, or by other sufficient description.
(4)
Precincts established by any such governing body may be consolidated in the election resolution by the board of directors in a sufficient number which it deems expedient for the convenience of the electors for any election not to be held concurrently with a primary or general election.
(5)
If the election shall be held concurrently with a primary or general election held under the laws of this state, the judges of election for such primary or general election shall be designated as the judges of the election for the election held pursuant to this article, and they shall receive such additional compensation, if any, as the board of directors shall set by the election resolution.
L. 77: Entire section added, p. 1659, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-138 - Notice of election

Notice of such election shall be given by publication by three consecutive weekly insertions in at least one newspaper of general circulation in the district or subdistrict holding the election, as determined by the board of directors. No other notice of an election held under this article need be given, unless otherwise provided by the board. A supplemental notice may be given by publication at such times and places as the board may determine to be necessary or convenient for correcting or otherwise modifying the original notice of election or for any other purpose.
L. 77: Entire section added, p. 1661, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-139 - Polling places

(1)
All polling places designated by resolution for an election shall be within the territorial limits of the district or subdistrict holding the election; but, if an election of the district or subdistrict is held concurrently with a primary or general election, the polling place for each precinct located wholly or partially within the district or subdistrict shall be the polling place for such precinct for the district or subdistrict election, regardless of whether or not such polling place is within the district or subdistrict.
(2)
If the election of the district or subdistrict is not held concurrently with a primary or general election held under the laws of this state, there shall be one polling place in each of the election precincts which are used in the primary and general elections or in each of the consolidated precincts fixed by the board of directors, as the case may be.
L. 77: Entire section added, p. 1661, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-140 - Election supplies

(1)
The secretary of the district shall provide at each polling place ballots or ballot labels, or both, ballot boxes or voting machines, or both, instructions, electors' affidavits, and other materials and supplies required for an election by any law; and the secretary may provide ballots and marking devices suitable for voting and for the votes on the ballots to be counted on electronic vote-tabulating devices.
(2)
Election officials may require the execution of an affidavit by any person desiring to vote at any election of the district or subdistrict to evidence his qualifications to vote, which affidavit shall be prima facie evidence of the facts stated therein.
L. 77: Entire section added, p. 1661, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-141 - Election returns

(1)
In the case of any election held under this article which is not held concurrently with a primary or general election, the election officials shall make their returns directly to the secretary of the district for the board of directors.
(2)
In the case of any election held under this article which is consolidated with any primary or general election, the returns thereof shall be made and canvassed at the time and in the manner provided by law for the canvass of the returns of such primary or general election. Such canvassing body shall certify promptly and shall transmit to the secretary of the district for the board of directors a statement of the result of the vote upon any proposition submitted under this article.
(3)
Upon receipt by the board of directors of election returns from election officials or upon receipt of such certificate from each such canvassing body, the board shall tabulate and declare the results of the election at any regular or special meeting held not earlier than five days following the date of the election.
(4)
The board of directors shall cause the results of the election to be published at least one time in at least one newspaper having general circulation in the district.
L. 77: Entire section added, p. 1662, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-144 - Liens on pledged revenues

(1)
Revenues pledged for the payment of any bonds, as received by or otherwise credited to the district or subdistrict issuing bonds under this article, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing, or any further act.
(2)
The lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing resolution or other instrument pertaining thereto shall have priority over any or all other obligations or liabilities of the district or subdistrict, except as may be otherwise provided in this article or in the resolution or other instrument, and subject to any prior pledges and liens theretofore created.
(3)
The lien of each such pledge shall be valid and binding as against all persons having claims of any kind in tort, in contract, or otherwise against the district or subdistrict, irrespective of whether or not such persons have notice thereof.
L. 77: Entire section added, p. 1664, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-145 - Rights - powers of holders of bonds - trustees

(1)
Subject to any contractual limitations binding upon the holders of any issue or series of bonds of the district or subdistrict issuing bonds under this article, or the trustee therefor, including, without limitation, the restriction of the exercise of any remedy to a specified proportion, percentage, or number of such holders, and subject to any prior or superior rights of others, any holder of bonds, or the trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
(a)
By mandamus or other suit, action, or proceeding at law or in equity, to enforce his rights against the district, subdistrict, or board of directors, or any combination thereof, or any of the officers, agents, and employees of the district or subdistrict to require and compel such district, subdistrict, or board or any of such officers, agents, or employees to perform and carry out their respective duties, obligations, or other commitments under this article and their respective covenants and agreements with the holder of any bond;
(b)
By action or suit in equity, to require the district or subdistrict to account as if it were the trustee of an express trust;
(c)
By action or suit in equity, to have a receiver appointed, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the bonds, prescribe sufficient fees, rates, and other charges derived from the facilities, and collect, receive, and apply all pledged revenues or other moneys pledged for the payment of the bonds in the same manner as the district or subdistrict itself might do in accordance with the obligations of the district or subdistrict; and
(d)
By action or suit in equity, to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any bonds and to bring suit thereupon.
L. 77: Entire section added, p. 1665, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-146 - Investments and securities

(1)
The board of directors of the district or subdistrict, respectively, issuing bonds under this article, subject to any contractual limitations from time to time imposed upon the district or subdistrict by any resolution authorizing the issuance of the outstanding bonds of the district or subdistrict or by any trust indenture or other proceedings pertaining thereto, may cause to be invested and reinvested any proceeds of taxes, any pledged revenues, and any proceeds of bonds issued under this article in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S., and may cause such proceeds of taxes, revenues, district or subdistrict bonds, and securities to be deposited in any trust bank or trust banks within or without or both within and without this state and secured in such manner and subject to such terms and conditions as the board of directors may determine, with or without the payment of any interest on such deposit, including, without limitation, time deposits evidenced by certificates of deposit.
(2)
Any such securities and any certificates of deposit thus held may, from time to time, be sold, and the proceeds may be so reinvested or redeposited as provided in this section.
(3)
Sales and redemptions of any such securities and certificates of deposit thus held shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which such securities and certificates of deposit were originally acquired was placed in the district or subdistrict treasury.
(4)
Any gain from any such investments or reinvestments may be credited to any fund or account pledged for the payment of any district or subdistrict bonds issued under this article, including any reserve therefor, or any other fund or account pertaining to a project or any facilities, or the district's or subdistrict's general fund, subject to any contractual limitations in any proceedings pertaining to outstanding district or subdistrict bonds.
(5)
It is lawful for any commercial bank incorporated under the laws of this state which may act as depository of the proceeds of any bonds issued under this article, any securities owned by the district or subdistrict, any proceeds of taxes, any pledged revenues, and any moneys otherwise pertaining to a project or any facilities, or any combination thereof, to furnish such indemnifying bonds and to pledge such securities as may be required by the board of directors.
L. 77: Entire section added, p. 1665, § 10, effective June 9. L. 89: (1) to (3) and (5) amended, p. 1124, § 53, effective March 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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-150 - Joint action entity

(1)
The district or subdistrict and any other cooperating entity or entities relating to any project or facilities in which the district or the subdistrict is a party in interest may create a joint action entity, a separate body corporate, for the planning, construction, lease, other acquisition, improvement, equipment, operation, maintenance, disposal, and financing of any enterprise or properties relating to such project or such facilities.
(2)
A joint action entity may exercise the powers granted to the district or the subdistrict by this article, other than the levy or fixing and collection of taxes, assessments, and service charges and the making and revising of rules and regulations under the police power.
L. 77: Entire section added, p. 1671, § 10, effective June 9.
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 47 - SOUTHWESTERN WATER CONSERVATION DISTRICT (§§ 37-47-101 — 37-47-151) › Section 37-47-151 - Correlative powers of political subdivisions

Any political subdivision of this state has the correlative powers to enable it to participate in cooperation with the district or any subdistrict in either's exercise of powers granted thereto by this article or otherwise granted by law.
L. 77: Entire section added, p. 1671, § 10, effective June 9.
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 48 - RIO GRANDE WATER CONSERVATION DISTRICT (§§ 37-48-101 — 37-48-195) › Section 37-48-101 - Legislative declaration

In the opinion of the general assembly of the state of Colorado, the conservation of the water of the Rio Grande and its tributaries for beneficial use and the construction of reservoirs, ditches, and works for such purposes are of vital importance to the growth and development of the entire area and the welfare of all its inhabitants and that, to promote the health and general welfare of the state of Colorado, an appropriate agency for the conservation, use, and development of the water resources of the Rio Grande and its tributaries should be established and given such powers as may be necessary to safeguard for Colorado all waters to which the state of Colorado is equitably entitled.
L. 67: p. 664, § 1. C.R.S. 1963: § 150-10-1.
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 48 - RIO GRANDE WATER CONSERVATION DISTRICT (§§ 37-48-101 — 37-48-195) › Section 37-48-101.3 - Definitions

As used in this article 48, unless the context otherwise requires:
(1)
"District" means the "Rio Grande Water Conservation District". The district is a body corporate and politic and a political subdivision of the state of Colorado.
(2)
"Subdistrict" or "subdivision" embraces and includes the kind or character of special improvement districts created under the provisions of this article, including subdistricts organized under the name and style of "Water Users' Association No. .... of the Rio Grande Water Conservation District" and "Special Improvement District No. .... of the Rio Grande Water Conservation District". A subdistrict or subdivision is a body corporate and politic and a political subdivision of the state of Colorado.
Amended by 2021 Ch. 423,§34, eff. 7/2/2021.
L. 77: Entire section added, p. 1672, § 11, effective June 9. L. 2021: IP added, (SB 21-266), ch. 423, p. 2805, § 34, effective July 2.