reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 33 - MARSH LAND (§§ 37-33-101 — 37-33-109) › Section 37-33-107 - Majority to control

If, however, the improvements petitioned for are found feasible and of use and benefit to the owners representing a major portion of the lands affected and in the best interest of such landowners and such irrigation district, the board of directors is empowered to proceed with the construction of such improvements in the same manner as provided by the statutes of the state of Colorado; but, upon the hearing of said petition, the board of directors, on good cause shown, may exclude any of the lands mentioned and described in said petition which will not be benefited by the proposed improvement and may likewise, on petition of the owners, include such other lands as may be benefited thereby.
L. 27: p. 307, § 7. CSA: C. 57, § 192. CRS 53: § 47-14-7. C.R.S. 1963: § 47-14-7.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 33 - MARSH LAND (§§ 37-33-101 — 37-33-109) › Section 37-33-108 - Determination of cost - assessment

When the works have been completed and accepted by the board of directors, the board shall determine the total cost, damages, and other expenses and divide the same among the several tracts of land affected in proportion to the number of acres in each tract of land or according to the benefits received at the discretion of the board of directors of the district and shall certify to the county assessor, or assessors if such improvements are located in more than one county, a list of the lands affected and the total amount to be assessed against each tract. The assessor, or assessors if such improvements are located in more than one county, shall enter such assessment against each of the several tracts of land lying within his county in the same manner as other taxes, and the county treasurer of each county where such improvements or part thereof is made shall collect the same in the same manner, at the same time, and receipt for same in the same manner as other taxes for irrigation district purposes, and all moneys collected for and on account of such improvements shall be by said county treasurer credited to the general fund of such irrigation district.
L. 27: p. 307, § 8. CSA: C. 57, § 193. CRS 53: § 47-14-8. C.R.S. 1963: § 47-14-8.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 33 - MARSH LAND (§§ 37-33-101 — 37-33-109) › Section 37-33-109 - Irrigation district laws apply

In all cases not specifically provided for under this article, the laws of the state of Colorado relative to the operation, maintenance, and improvement of irrigation districts shall apply to improvements made under the authority of this article.
L. 27: p. 308, § 9. CSA: C. 57, § 194. CRS 53: § 47-14-9. C.R.S. 1963: § 47-14-9.
For irrigation district laws, see articles 40 to 44 of this title 37.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-40-101 — 37-40-102) › Article 40 - PUBLIC AGENCIES - ORGANIZING FOR CONSERVATION (§§ 37-40-101 — 37-40-102) › Section 37-40-101 - Legislative declaration

It is declared to be the policy of the state of Colorado to encourage transmission of information among agencies of the state of Colorado, political subdivisions of the state of Colorado, and private citizens and businesses of the state of Colorado concerning the conservation, protection, and development of the water resources of the state of Colorado and to coordinate the efforts of these entities and individuals in the field of water resource conservation, protection, and development; and participation in and support of organizations organized or existing for such purposes is declared to be a public purpose.
L. 59: p. 835, § 1. CRS 53: § 149-10-1. C.R.S. 1963: § 150-9-1.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-40-101 — 37-40-102) › Article 40 - PUBLIC AGENCIES - ORGANIZING FOR CONSERVATION (§§ 37-40-101 — 37-40-102) › Section 37-40-102 - Public agencies - powers of participation

Agencies within the department of natural resources of the state of Colorado, quasi-municipal corporations, and political subdivisions of the state, including, but not exclusively, counties, towns, cities, city and counties, water conservancy districts, water conservation districts, water and sanitation districts, conservation districts, drainage districts, and special improvement districts are authorized to become members of organizations existing or to be organized within the state of Colorado, to assist in or contribute to the protection, conservation, and development of water within the state of Colorado. Any such organization shall be construed to be an instrumentality of the agencies and political subdivisions that are members thereof. No such organization shall be ineligible under this section by virtue of the fact that it also admits private individuals and organizations to membership.
L. 59: p. 835, § 2. CRS 53: § 149-10-2. C.R.S. 1963: § 150-9-2. L. 2002: Entire section amended, p. 524, § 31, 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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-102 - Petition

(1)
For the purpose of the establishment of an irrigation district as provided by this article, a petition shall be filed with the board of county commissioners of the county which embraces the largest acreage of the proposed district. The petition shall state:
(a)
That it is the purpose of petitioners to organize an irrigation district under the provisions of this article;
(b)
A general description of the boundaries of such proposed district;
(c)
The means proposed to supply water for the irrigation of the lands embraced therein;
(d)
The name proposed for such district; and
(e)
A prayer that the board of county commissioners define and establish the boundaries of said proposed district and submit the question of the final organization of the same to the vote of the qualified electors of said proposed district.
(2)
The petition shall be signed by a majority of the owners of said lands, whether residents or nonresidents, as well as by the owners in the aggregate of a majority of the total number of acres of land sought to be enclosed in said proposed district. The petitioners shall elect from their number a committee of three to present such petition to the board of county commissioners. The petition shall also be accompanied by a good and sufficient bond, to be approved by the board of county commissioners, in double the amount of the probable cost of organizing such district, conditioned for the payment of all costs incurred in said proceedings in case said organization shall not be effected, but in case such district is so effected, then said expenses incurred by the board of county commissioners shall be paid back to said county by said district.
(3)
Such petition shall be published for at least four weeks before the time at which the same is to be presented, in some newspaper of general circulation published in the county where the petition is to be presented, together with a notice signed by the committee of said petitioners giving the time and place of the presentation of the same to the board of county commissioners.
L. 05: p. 246, § 2. R.S. 08: § 3441. L. 15: p. 298, § 2. C.L. § 1961. CSA: C. 90, § 378. CRS 53: § 149-1-2. C.R.S. 1963: § 150-1-2.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-105 - Canvass of votes - proclamation

(1)
The board of county commissioners shall meet on the second Monday next succeeding such election and proceed to canvass the votes cast thereat. If, upon such canvass, it appears that at least a majority of said legal electors in said district have voted "Irrigation District - Yes", the said board, by an order entered on its minutes, shall declare such territory duly organized as an irrigation district under the name and style theretofore designated and shall declare the persons receiving, respectively, the highest number of votes for such several offices to be duly elected to such office. Said board shall cause a copy of such order, including a plat of said district, duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county clerk and recorder of each county in which any portion of such lands are situated, and no board of county commissioners of any county, including any portion of such district, after the date of organization of such district, shall allow another district to be formed including any of the lands of such district without the consent of the board of directors thereof.
(2)
From and after the date of such filing, the organization of such district shall be complete, and the officers thereof shall immediately enter upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold such offices, respectively, until their successors are elected and qualified. For the purpose of the election, the board of county commissioners shall establish a convenient number of election precincts and polling places in said proposed district and define the boundaries thereof, which said precincts may thereafter be changed by the board of directors of such districts, who shall also appoint the judges of election for each such precinct, one of whom shall act as clerk of election.
L. 05: p. 249, § 5. R.S. 08: § 3444. C.L. § 1964. CSA: C. 90, § 381. CRS 53: § 149-1-5. C.R.S. 1963: § 150-1-5.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-106 - Directors - election - term

(1)
The regular election of said district for the purpose of electing a board of directors shall be held on the first Tuesday after the first Monday in December of each year, at which time one director shall be elected for a term of three years; except that, at the first election held to choose the first board of directors after the organization of any district has been effected, the person having the highest number of votes shall continue in office for the full term of three years; the next highest for two years; and the next highest for one year. But if two or more persons have the same number of votes, then their term shall be determined by lot, under the direction of the county judge of the county wherein the organization of said district has been effected. The person receiving the highest number of votes for any office to be filled at such election is elected thereto.
(2)
After receiving their certificates of election provided for in section
37-41-112(2)
, 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 three thousand dollars, which bond shall be approved by the county judge of the county wherein such organization was effected, and shall be recorded in the office of the county clerk and recorder thereof. Such official bond may be signed by a surety company authorized to do business in the state of Colorado, in which case the district shall be liable for and shall pay premium on said bond. All official bonds shall be in the form prescribed by law for official bonds for county officials; except that the obligee named in said bonds shall be to the district and shall be filed with the county clerk and recorder at the same time as the filing of the oath or affirmation provided for in this section.
Amended by 2018 Ch. 88,§ 36, eff. 8/8/2018.
L. 05: p. 250, § 6. L. 07: p. 489, § 2. R.S. 08: § 3445. L. 21: p. 503, § 1. C.L. § 1965. CSA: C. 90, § 382. CRS 53: § 149-1-6. C.R.S. 1963: § 150-1-6. L. 2018: (2) amended, (HB 18-1138), ch. 88, p. 701, § 36, 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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-107 - Office of board - elections

(1)
The office of the board of directors shall be located in the county where the organization was effected.
(2)
Fifteen days before any election held under this article subsequent to the organization of the district, the secretary, who shall be appointed by the board of directors, shall cause notice to be posted in three public places in each election precinct, specifying the polling places of each precinct and the time and place of holding the election; and he shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. In lieu of such posting, said notice may be published once a week for at least three weeks (four weekly publications) prior to such election in a newspaper of general circulation in each county in which the district is located.
(3)
Prior to the time for posting the notices, or the publication thereof, the board shall appoint from each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of polls on the morning of election, the electors of the precinct present at that hour may appoint the board of election or supply the place of an absent member thereof.
(4)
The board of directors, in its order appointing the board of election, shall designate the hour and the place in the precinct where the election shall be held.
(5)
Each judge of election shall receive as compensation the sum of up to one hundred dollars per day, to be paid by the district.
L. 05: p. 251, § 7. R.S. 08: § 3446. L. 21: p. 504, § 2. C.L. § 1966. CSA: C. 90, § 383. L. 53: p. 408, § 1. CRS 53: § 149-1-7. L. 59: p. 827, § 1. C.R.S. 1963: § 150-1-7. L. 77: (5) amended, p. 1632, § 2, effective May 24. L. 2006: (5) amended, p. 71, § 1, 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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-108 - Directors - secretary - salaries

Each member of the board of directors may receive compensation at the rate of up to one hundred dollars per day while attending meetings and shall be reimbursed for his or her actual and necessary expenses while engaged in official business. No director or officer named in this article shall be interested, directly or indirectly, in any manner, 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. For any violation of this section, 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. 05: p. 264, § 27. R.S. 08: § 3466. L. 21: p. 505, § 3. C.L. § 2005. CSA: C. 90, § 404. CRS 53: § 149-1-28. L. 59: p. 828, § 2. L. 61: p. 842, § 1. C.R.S. 1963: § 150-1-28. L. 77: Entire section amended, p. 1632, § 3, effective May 24; entire section amended, p. 885, § 67, effective 7/1/1979. L. 89: Entire section amended, p. 850, § 136, effective July 1. L. 2002: Entire section amended, p. 1553, § 336, effective October 1. L. 2006: Entire section amended, p. 71, § 2, effective July 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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-109 - District treasurer - duties - county treasurer to collect district assessments

(1)
(a)
The district treasurer, who shall be appointed by the board of directors, may collect, receive, and receipt for all money belonging to the district; except that district assessments shall be collected by the county treasurer pursuant to section 39-10-101 and distributed to the district treasurer pursuant to section 39-10-107.
(b)
It is the duty of the county treasurer of each county in which the district is located in whole or in part to collect and receipt for all assessments levied as provided in section
37-41-123
in the same manner and at the same time and on the same receipt as is required in the collection of taxes upon real estate for county purposes. The district treasurer shall be responsible for making payments toward warrants drawn against the general fund and for making payments toward interest coupons or bonds maturing within the tax year.
(2)
The county treasurer shall remit to the district treasurer all money collected or received by the county treasurer on account of the district in accordance with section 39-10-107. Every district treasurer shall keep a bond fund account and a general fund account. The bond fund account shall consist of all money received on account of interest and principal of bonds issued by the district. The accounts for interest and principal must be kept separate. The general fund consists of all money or general fund warrants received by the collection of assessments or otherwise. The district treasurer shall pay out of the bond fund, when due, the interest and principal of the bonds of the district at the time and place specified in the bonds and shall pay out of the general fund only upon the order of the district, signed by the president and countersigned by the secretary of the district. The district treasurer, on the fifteenth day of each month, shall report to the secretary of the district the amount of money possessed by the district to the credit of the bond fund and the general fund, the amount of warrants paid during the previous month, and the amount of registered warrants if any. District assessments collected and paid to the county treasurers shall be received in the official capacity of the county treasurers, and the county treasurers shall be responsible for the safekeeping, disbursement, and payment of the district assessments in the same manner as for other money collected by the county treasurers.
Amended by 2023 Ch. 53, § 5, eff. 1/1/2024.
L. 05: p. 260, § 21. L. 07: p. 490, § 3. R.S. 08: § 3460. L. 17: p. 306, § 11. L. 19: p. 483, § 1. C.L. § 1998. CSA: C. 90, § 398. CRS 53: § 149-1-22. C.R.S. 1963: § 150-1-22.
2023 Ch. 53, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For failure of county treasurers to perform duties, see § 30-10-726 .
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-110 - Duties of election officers

(1)
One of the judges shall be chairman of the election board and may:
(a)
Administer all oaths required in the progress of an election;
(b)
Appoint judges and clerks if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of an election.
(2)
Before opening the polls, each member of the board must take and subscribe an oath to faithfully perform the duties imposed upon him by law. Any elector of the precinct may administer and certify such oath. The polls must be opened at 9 a.m. on the day of election and be kept open until 7 p.m. on the same day. It is the duty of the clerk of the board of election to forthwith deliver the returns duly certified to the board of directors of the district.
L. 05: p. 251, § 8. R.S. 08: § 3447. C.L. § 1967. CSA: C. 90, § 384. CRS 53: § 149-1-8. C.R.S. 1963: § 150-1-8. L. 77: (2) amended, p. 1632, § 4, effective May 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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-111 - Canvass of votes

No lists, tally paper, or certificates returned from any election shall be set aside or rejected for want of form if they can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. If at the time of meeting the returns from each precinct in the district in which the polls were open have been received, the board of directors must then and there proceed to canvass the returns; but, if all the returns have not been received, the canvass must be postponed from day to day until the returns have been received or until six postponements have been had. The canvass must be made in public and by opening the returns and counting the votes of the district for each person voted for and by declaring the results thereof. The board shall declare elected the person receiving the highest number of votes so returned for each office and also declare the result of any question submitted.
L. 05: p. 252, § 9. R.S. 08: § 3448. C.L. § 1968. CSA: C. 90, § 385. CRS 53: § 149-1-9. C.R.S. 1963: § 150-1-9.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-112 - Records - vacancy and term of office

(1)
The secretary of the board of directors, as soon as the result of any election held under the provisions of this article is declared, shall enter in the records of such board and file with the county clerk and recorder of the county in which the office of said district is located a statement of such results, which statement shall show:
(a)
A copy of the publication notice of said election;
(b)
The names of the judges of said election;
(c)
The whole number of votes cast in the district and in each precinct of the district;
(d)
The names of the persons voted for;
(e)
The offices voted for;
(f)
The number of votes given in each precinct for each of such persons;
(g)
The number of votes given in the district for each of such persons;
(h)
The names of the persons declared elected;
(i)
The result declared on any question submitted in accordance with the majority of the votes cast for or against such question.
(2)
The board of directors shall declare elected the person having the highest number of votes given for each office and also the result of any question submitted. The secretary shall immediately make out and deliver to such person a certificate of election, signed by him and authenticated with the seal of the board. In case of a vacancy in the board of directors by death, removal, or inability from any cause to properly discharge the duties as such director, the vacancy shall be filled by appointment by the remaining members of the board, and, upon their failure or inability to act within thirty days after such vacancy occurs, then, upon petition of five electors of said district, the board of county commissioners of the county where the office of said board of directors is situate shall fill such vacancy. Any director so appointed shall hold his office until the next general election of said district and until his successor is elected and qualified.
L. 05: p. 252, § 10. R.S. 08: § 3449. C.L. § 1969. CSA: C. 90, § 386. CRS 53: § 149-1-10. C.R.S. 1963: § 150-1-10.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-114 - Meetings - duties - eminent domain

The board of directors shall hold a regular quarterly meeting in its office on the first Tuesday in January, April, July, and October and such special meetings as may be required for the proper transaction of business. All special meetings shall be called by the president of the board or any two directors. All meetings of the board must be public, and two members shall constitute a quorum for the transaction of business and, on all questions requiring a vote, there shall be a concurrence of at least two members of said board. All special meetings of the board shall be held at locations which are within the boundaries of the district or which are within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the meeting location does not exceed twenty miles from the district boundaries. The provisions of this section governing the location of meetings may be waived only if the proposed change of location of a meeting of the board appears on the agenda of a regular or special meeting of the board and if a resolution is adopted by the board stating the reason for which a meeting of the board is to be held in a location other than under the provisions of this section and further stating the date, time, and place of such meeting. All records of the board must be open to the inspection of any elector during business hours. The board and its agents and employees shall have the right to enter upon any land in the district, to make surveys, and to locate and construct any canal and the necessary laterals. Said board shall also have the right to acquire all lands, water rights, franchises, and other property necessary for the construction, use, maintenance, repair, and improvement of its canals, ditches, reservoirs, and waterworks and shall also have the right by purchase or condemnation to acquire rights-of-way for the construction or enlargement of any of its ditches, canals, or reservoirs and lands for reservoir sites.
L. 05: p. 254, § 12. R.S. 08: § 3451. C.L. § 1971. CSA: C. 90, § 388. CRS 53: § 149-1-12. C.R.S. 1963: § 150-1-12. L. 90: Entire section amended, p. 1502, § 16, effective July 1.
For condemnation proceedings, see articles 1 to 7 of title 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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-115 - Property - title

The title to all property acquired under this article shall immediately and by operation of law vest in such irrigation district in its corporate name, and shall be held by such district in trust for and is hereby dedicated and set apart for the uses and purposes set forth in this article, and shall be exempt from all taxation as provided in section 3 of article X of the state constitution. The board is hereby authorized to hold, use and acquire, manage, occupy, and possess said property as provided in this article; except that when any district contemplated in this article finds it necessary to procure and acquire a supply of water from outside the boundaries of this state, then it shall be lawful for said district to contract and pay for the same in the same manner as other property acquired by the district is purchased and paid for. Any property acquired by the district may be conveyed to the United States insofar as the same may be needed for the construction, operation, or maintenance of works by the United States for the benefit of the district under any contract that may be entered into by the United States pursuant to this article.
L. 05: p. 255, § 13. R.S. 08: § 3452. L. 17: p. 297, § 5. C.L. § 1972. CSA: C. 90, § 389. CRS 53: § 149-1-13. C.R.S. 1963: § 150-1-13.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-116 - Conveyances - suits

(1)
The said board is hereby authorized to take conveyances or assurances for all property acquired by it under the provisions of this article in the name of such irrigation district for the purposes expressed in this article, and to institute and maintain any actions and proceedings, and suits at law or in equity, necessary or proper in order to fully carry out the provisions of this article, or to enforce, maintain, protect, or preserve any rights, privileges, and immunities created by this article or acquired in pursuance thereof. In all courts, actions, suits, or proceedings, the board may sue, appear, and defend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all actions, suits, and judicial proceedings in any court of this state of the organization and existence of any irrigation district of this state from and after the filing for record in the office of the county clerk and recorder of the certified copy of the order of the board of county commissioners mentioned in section
37-41-103
. A certified copy of said order shall be prima facie evidence in all actions, suits, and proceedings in any court of this state of the regularity and legal sufficiency of all acts, matters, and proceedings therein recited and set forth.
(2)
Any such irrigation district, in regard to which any such order has been entered and such certified copy thereof so filed for record, and which has exercised or shall exercise the rights and powers of such a district, and which shall have in office a board of directors exercising the duties of their office, and the legality or regularity of the formation or organization of which shall not have been questioned by proceedings in quo warranto instituted in the district court of the county in which such district or the greater portion thereof is situated within one year from the date of such filing, shall be conclusively deemed to be a legally and regularly organized, established, and existing irrigation district within the meaning of this article; and its due and lawful formation and organization shall not thereafter be questioned in any action, suit, or proceeding whether brought under the provisions of this article or otherwise.
L. 05: p. 255, § 14. R.S. 08: § 3453. C.L. § 1973. CSA: C. 90, § 390. CRS 53: § 149-1-14. C.R.S. 1963: § 150-1-14.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-118 - Sale of bonds - proceeds

The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction or purchase of canals, reservoir sites, reservoirs, and water rights and works and otherwise to fully carry out the object and purposes of this article. Before making any sale, the board, at a meeting, by resolution, shall declare its intention to sell a specified amount of the bonds and the day and hour and place of such sale and shall cause such resolution to be entered in the minutes and notice of the sale to be given by publication thereof at least twenty days in a daily newspaper published in the city of Denver and in any other newspaper at its discretion. The notice shall state that sealed proposals will be received by the board at its office, for the purchase of the bonds, until the day and hour named in the resolution. At the time appointed, the board shall open the proposals and award the purchase of the bonds to the highest responsible bidder and may reject all bids. The board in no event shall sell any of said bonds for less than ninety-five percent of the face value thereof. In case no bid is made and accepted, the board of directors is hereby authorized to use said bonds for the purchase of canals, reservoir sites, reservoirs, and water rights and works, or for the construction of any canal, reservoir, and works; but such bonds shall not be so disposed of at less than ninety-five percent of the face value thereof.
L. 05: p. 258, § 16. R.S. 08: § 3455. C.L. § 1984. CSA: C. 90, § 392. CRS 53: § 149-1-16. C.R.S. 1963: § 150-1-16.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-119 - Bonds - payment - lien

The bonds, and the interest thereon, and all payments due or to become due to the United States under any contract between the district and the United States accompanying which bonds of the district have not been deposited with the United States shall be paid by revenue derived from an annual assessment upon the real property of the district, and the real property of the district shall be and remain liable to be assessed for such payments. Public lands of the United States within any district shall be subject to taxation for all purposes of this article to the extent provided by the act of congress approved August 11, 1916, upon full compliance therewith by the district.
L. 05: p. 259, § 17. R.S. 08: § 3456. L. 17: p. 302, § 7. C.L. § 1985. CSA: C. 90, § 393. CRS 53: § 149-1-17. C.R.S. 1963: § 150-1-17.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-120 - Fiscal year - directors to fix levy

(1)
The fiscal year of each irrigation district in this state shall commence on January 1 in each year. It is the duty of the board of directors on or before October 15 in each year to determine the amount of money required to meet the maintenance, operating, and current expenses for the ensuing fiscal year and to certify by resolution to the board of county commissioners of the county in which the office of the district is located said amount, together with any additional amount which may be necessary to meet any deficiency in the payment of said expenses theretofore incurred. The board of directors may fix the amount payable for any tract containing one acre or less and, if so, similarly shall certify this amount to the board of county commissioners. The board of directors shall also fix the amount payable by each tract within any district with which the United States has made a contract and shall certify the same to the board of county commissioners, and the amount so fixed shall be in accordance with the federal reclamation laws and the public notices, orders, and regulations issued thereunder and shall be in compliance with any contracts made by the United States with any owners of said lands and in compliance further with the contracts between the district and the United States. The obligation of every irrigation district contracting with the United States shall be deemed a district debt. Said resolution shall be termed the annual appropriation resolution for the next fiscal year, and no expenditure to be paid out of such fund shall exceed in any one year the amounts fixed for such expenses in the annual appropriation resolution, except as provided in section
37-41-129
.
(2)
The annual appropriation resolution described in subsection (1) of this section must include the amount of money needed to meet loan obligations and all amounts payable by landowners to the irrigation district in accordance with loans issued to the landowners pursuant to section
37-41-113(9)
and shall indicate the amount payable by each tract within the irrigation district for which a landowner has received a loan.
Amended by 2022 Ch. 84,§5, eff. 8/10/2022.
L. 05: p. 259, § 18. R.S. 08: § 3457. L. 13: p. 384, § 1. L. 15: p. 302, § 1. L. 17: p. 302, § 8. C.L. § 1994. CSA: C. 90, § 394. CRS 53: § 149-1-18. L. 63: p. 1000, § 1. C.R.S. 1963: § 150-1-18.
2022 Ch. 84, was passed without a safety clause. See Colo. Const. art. V, § 1(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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-122 - Other taxes must be paid

The owner of such land, at the time of filing such petition and before the order of the board of directors of the district or the decree of court excluding such land from the district goes into effect, shall pay to the county treasurer of the county in which such land is situated all taxes, other than taxes for irrigation district purposes, levied or assessed thereon, together with any interest, penalties, and fees as are or may be by law properly chargeable thereon.
L. 15: p. 306, § 2. C.L. § 1996. CSA: C. 90, § 396. CRS 53: § 149-1-20. C.R.S. 1963: § 150-1-20.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-123 - Special tax levy

(1)
It is the duty of the board of county commissioners of the county in which is located the office of any irrigation district, immediately upon receipt of the returns of the total assessment of said district and upon the receipt of the certificates of the board of directors certifying the total amount of money required to be raised, to fix the rate of levy necessary to provide said amount of money and to fix the rate necessary to provide the amount of money required to pay the interest and principal of the bonds of said district as the same shall become due; to fix the rate necessary to provide the amount of money required for any other purposes as provided in this article and which is to be raised by the levy of assessments upon the real property of said district; and to certify said respective rates to the board of county commissioners of each county embracing any portion of said district. The rate of levy necessary to raise the required amount of money on the valuation for assessment of the property of said district shall be increased fifteen percent to cover delinquencies.
(2)
For the purposes of said district it is the duty of the board of county commissioners of each county in which any irrigation district is located in whole or in part, at the time of making levy for county purposes, to make a levy at the rates above specified upon all real estate in said district within their respective counties and, in case of contract with the United States, in the amounts and on the tracts as fixed and certified by the board of directors as prescribed in section
37-41-120
. If the board of directors of an irrigation district has certified the amount payable for any tract of one acre or less, it is the duty of the board of county commissioners of each county in which the irrigation district is located, in whole or in part, also to levy such amount against each of such tracts. All taxes levied under this article are special taxes.
L. 05: p. 260, § 20. R.S. 08: § 3459. L. 17: p. 305, § 10. C.L. § 1997. CSA: C. 90, § 397. CRS 53: § 149-1-21. L. 63: p. 1002, § 3. C.R.S. 1963: § 149-1-21.
For procedure to increase tax levy beyond statutory limits, see § 29-1-302.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-125 - Construction - contracts

(1)
After adopting a plan for the construction of canals, reservoirs, and works, the board of directors shall give notice, by publication thereof, for not less than twenty days, in a newspaper published in each of the counties into which any such irrigation district extends, provided a newspaper is published therein, and in such other newspapers as it may deem advisable, calling for bids for the construction of said work 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 can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and the place for opening the proposals, which, 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 it may proceed to construct the work under its own superintendence.
(2)
Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The persons 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 the contract price, 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 be approved by the board. The provisions of this section shall not apply in the case of any contract between the district and the United States; except that, before any contract for construction work shall be entered into between the United States and the district, plans and specifications covering the proposed work shall be prepared and filed with the secretary of the district.
L. 05: p. 262, § 23. R.S. 08: § 3462. L. 17: p. 308, § 12. C.L. § 2001. CSA: C. 90, § 400. CRS 53: § 149-1-24. C.R.S. 1963: § 150-1-24.
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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-126 - Claims - audit - payment - financial report

Except with respect to claims coming within the provisions of article
10
of title
24
, C.R.S., no claims shall be paid by the district treasurer until the same shall have been 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 insufficient funds on hand to pay such warrant when 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 until paid such warrant shall draw interest at the rate of six percent per annum; but when there is the sum of one hundred dollars or more in the hands of the treasurer, it shall be applied upon said warrant. All claims against the district shall be verified the same as required in the case of claims filed against counties in this state, and the secretary of the district is hereby authorized to administer oaths to the parties verifying said claims the same as the county clerk and recorder or notary public might do. The district treasurer shall keep a register in which he shall enter each warrant presented for payment, showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be paid in the order of their presentation for payment to the district treasurer. All warrants shall be drawn payable to the claimant or bearer, the same as county warrants.
L. 05: p. 262, § 24. R.S. 08: § 3463. C.L. § 2002. CSA: C. 90, § 401. CRS 53: § 149-1-25. C.R.S. 1963: § 150-1-25. L. 71: p. 1216, § 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 41 - IRRIGATION DISTRICT LAW OF 1905 (§§ 37-41-101 — 37-41-160) › Section 37-41-127 - Funds for expenses

For purposes of defraying the expenses of the organization of the district, and the care, operation, management, repair, and improvement of all canals, ditches, reservoirs, and works, including salaries of officers and employees, the board may either fix rates of tolls and charges and collect the same of all persons using said canal and water for irrigation or other purposes, and in addition thereto may provide, in whole or in part, for the payment of such expenditures by levy of assessments therefor as provided in section
37-41-123
, or by both tolls and assessment. In case the money raised by the sale of bonds issued is insufficient, and in case bonds are unavailable for the completion of the plans of works adopted, it is the duty of the board of directors to 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 the other purposes provided for in section
37-41-120
.
L. 05: p. 263, § 25. R.S. 08: § 3464. C.L. § 2003. CSA: C. 90, § 402. CRS 53: § 149-1-26. C.R.S. 1963: § 150-1-26.