reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-111 - Certify assessments or tax

If an assessment or tax has been voted as provided in section
35-70-109(2)
, the supervisors shall, in accordance with the schedule prescribed by
39-5-128
, C.R.S., certify to the board of county commissioners of the county in which any tract or parcel of land within the district may lie the amount of assessment or tax to be levied against such land as shown by the distribution of the budget of the district. Such assessment or tax shall be added to all other taxes levied or assessed against such land and shall be collected as are other property taxes. Assessments or taxes against any lands owned by the United States or the state of Colorado or any agency of either shall not be certified to the county commissioners as provided in this section, but such assessments or taxes shall be collected in accordance with agreements to be entered into by the supervisors and the public owner or agency controlling such lands.
L. 37: p. 1185, § 11. CSA: C. 149A, § 11. L. 41: p. 701, § 1. L. 45: p. 636, § 7. CRS 53: § 128-1-11. C.R.S. 1963: § 128-1-11. L. 87: Entire section amended, p. 1408, § 6, effective April 22.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-112 - [Repealed]

L. 37: p. 1186, § 12. CSA: C. 149A, § 12. L. 41: p. 701, § 1. L. 45: p. 636, § 8. CRS 53: § 128-1-12. C.R.S. 1963: § 128-1-12. L. 82: Entire section repealed, p. 537, § 15, effective 1/1/1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-113 - [Repealed]

L. 37: p. 1187, § 13. CSA: C. 149A, § 13. L. 41: p. 702, § 1. CRS 53: § 128-1-13. C.R.S. 1963: § 128-1-13. L. 73: p. 1355, §§ 4, 7. L. 82: Entire section repealed, p. 537, § 15, effective 1/1/1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-114 - [Repealed]

L. 37: p. 1188, § 14. CSA: C. 149A, § 14. L. 41: p. 703, § 1. L. 45: p. 637, § 9. CRS 53: § 128-1-14. L. 61: p. 763, § 1. C.R.S. 1963: § 128-1-14. L. 82: Entire section repealed, p. 537, § 15, effective 1/1/1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-116 - County agents

Any resident county extension agent whose jurisdiction lies wholly or in part in any established conservation district shall be ex officio a member of the board of supervisors of such district in an advisory capacity, but without the right to vote. Any county agent may serve in such capacity in more than one district.
L. 37: p. 1189, § 16. CSA: C. 149A, § 16. L. 41: p. 705, § 1. CRS 53: § 128-1-16. C.R.S. 1963: § 128-1-16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-117 - Counties to cooperate

The county commissioners of any county in which a conservation district lies in whole or in part shall cooperate with the supervisors of such district in carrying out the purposes of this article, and to that end may use the equipment of the county and persons employed by the county to do such physical work as may be required by the supervisors, and may make a reasonable charge therefor; and, if the county commissioners find that the benefits accruing to the county by reason of the program of a conservation district justify such action, they may make donations to such district of money, services, or the use of equipment.
L. 37: p. 1190, § 17. CSA: C. 149A, § 17. L. 41: p. 705, § 1. CRS 53: § 128-1-17. C.R.S. 1963: § 128-1-17. L. 2002: Entire section amended, p. 522, § 24, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-120 - Change of name

The term "soil erosion district" as used in "The Colorado Soil Conservation Act of 1937" and "conservation district" as used in this article shall be deemed synonymous. Districts organized after April 3, 1941, shall be known as conservation districts, and districts organized before April 3, 1941, may be known either as soil erosion districts or as conservation districts, as determined by the supervisors of such districts. The change of name permitted by this section shall not affect in any way the rights or obligations of districts or landowners or impair the obligations of any contract to which any such district is a party at the time of such change of name.
L. 41: p. 708, § 2. CSA: C. 149B, § 20. CRS 53: § 128-1-20. C.R.S. 1963: § 128-1-20. L. 2002: Entire section amended, p. 523, § 27, effective July 1.
"The Colorado Soil Conservation Act", enacted in 1937, first appeared in the 1941 and 1942 supplements to the 1935 Colorado Statutes Annotated before being compiled into volume 4B, 1949 replacement volume, of the 1935 Colorado Statutes Annotated.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-121 - Cooperation between districts

Whenever, by reason of location, similarity of problems, and need for mutual assistance, the purpose of this article may be more economically, completely, and satisfactorily performed and accomplished thereby, two or more conservation districts may cooperate with each other by the joint exercise of the powers granted in section
35-70-108
. The nature and extent of such cooperation and the duties and obligations of and benefits to the respective cooperating districts and interests in property that may be jointly acquired and used shall be determined by contract to be entered into between or among the cooperating districts, subject to the bylaws adopted by each of such districts and to the direction of the qualified voters at any regular or regularly called special meeting of each such district.
L. 49: p. 677, § 9. CSA: C. 149B, § 21. CRS 53: § 128-1-21. C.R.S. 1963: § 128-1-21. L. 82: Entire section amended, p. 537, § 14, effective 1/1/1983. L. 2002: Entire section amended, p. 524, § 28, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-122 - Contributions for purposes of inclusion of conservation districts in the risk management fund

Each conservation district shall contribute moneys, which shall be deposited in the risk management fund, for the conservation district's proportionate share, as determined by the executive director of the department of personnel, of potential claims arising from conservation districts.
L. 87: Entire section added, p. 980, § 3, effective July 1. L. 96: Entire section amended, p. 1544, § 140, effective June 1. L. 2002: Entire section amended, p. 524, § 29, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 71 - [Repealed] (§ 35-71-101) › Section 35-71-101 - to 35-71-109 - [Repealed]

L. 77: Entire article repealed, p. 293, § 15, effective May 26.
This article was numbered as article 2 of chapter 128, C.R.S. 1963, and was not amended prior to its repeal in 1977.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-101 - Legislative declaration

(1)
Soil erosion and damage caused by wind storms and blowing soil produced thereby are recognized and declared to be injurious or destructive to the property and natural resources of this state and a menace to the safety of the citizens of the state.
(2)
To deter actions which are harmful to property and natural resources and to further the ability of persons injured by negligent conduct associated with blowing soil to have legal recourse, it is determined to be in the interest of the people of this state to allow recovery of damages for such negligent conduct.
L. 54, 2nd Ex. Sess.: p. 22, § 1. CRS 53: § 128-3-1. C.R.S. 1963: § 128-3-1. L. 83: Entire section amended, p. 1375, § 1, effective May 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-101.5 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Board" means a board of county commissioners.
(2)
"District" means a conservation district formed under the provisions of article
70
of this title.
(3)
"Occupier" means any person, firm, any unit of state government or any agency of the state or federal government, or corporation, other than the owner, who is in lawful possession of any land within the county, whether as lessee, renter, tenant, or otherwise.
(4)
"Owner" means any person, firm, or agency of state or federal government or unit of state government in whom is vested the ownership, dominion, or title of the property, and is recognized and held responsible by the law as owner of the property.
L. 83: Entire section added, p. 1375, § 2, effective May 12. L. 2002: (2) amended, p. 524, § 30, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-102 - Duty of landowner - liability for damage

(1)
To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or minimize erosion of the soil and soil blowing. If soil blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil.
(2)
Any owner or occupier who sustains damages to his property, including but not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock, proximately caused by the failure of any other owner or occupier of other land to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction.
(3)
Any unit of state government or any agency of the state or federal government which sustains damages to any of its property, including but not limited to roads, barrow ditches, or fences, proximately caused by the failure of an owner or occupier to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from such owner or occupier by bringing an action in any court of competent jurisdiction.
(4)
Such recourse to the court may be taken only upon demonstration that such owner, occupier, unit, or agency of government allegedly sustaining damages has submitted a written report of soil blowing to the board pursuant to section
35-72-103
.
(5)
In any action brought under this section, any preventive practice followed by an owner or occupier pursuant to a citation issued by a board pursuant to the provisions of section
35-72-103
is not an admission of tort liability, in any such action, and no determination of the board shall give rise to a presumption of negligence or lack of negligence of an owner or occupier.
(6)
The provisions of this section shall not apply to any land less than one acre in area.
L. 54, 2nd Ex. Sess.: p. 22, § 2. CRS 53: § 128-3-2. C.R.S. 1963: § 128-3-2. L. 81: Entire section amended, p. 1695, § 2, effective July 1. L. 83: Entire section amended, p. 1376, § 3, effective May 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-104 - [Repealed]

L. 54: 2nd Ex. Sess., p. 23, § 4. CRS 53: § 128-3-4. C.R.S. 1963: § 128-3-4. L. 81: Entire section repealed, p. 1697, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-105 - Method of assessment

(1)
Upon the completion of the treatment caused to be performed by the board as provided in section
35-72-103
, the board shall, by resolution, determine what land benefits and from which soil is blowing and assess against the owner of the benefited land the actual cost of the treatment not in excess of forty dollars per acre or the actual cost of treatment, whichever is less, in one calendar year. The board shall record the resolution in the minutes of the board, deliver the original to the county assessor, and send a copy by registered mail to the landowner at the address shown on the records of the county assessor and to the occupier, if known to the board.
(2)
Upon delivery of said resolution to the assessor, he shall extend the same upon the assessment rolls, and said assessment shall thereupon become a part of the general taxes and constitute a lien against said land as set forth in said resolution and shall thereafter become due in the same manner and be collected in the same manner as the general ad valorem property tax. Such assessment may be paid at any time before general taxes become due and payable. All of the provisions of the general laws for the enforcement of the collection of taxes shall be applicable thereto after the extension by the assessor.
(3)
All such amounts collected shall be transmitted to the county treasurer, who shall credit the same to the county general fund in order to reimburse those funds which were expended by the board of county commissioners in carrying out the treatment action as authorized by this article. The county treasurer shall not be entitled to collect any fees for the collection of such assessments.
Amended by 2014 Ch. 43,§ 2, eff. 8/6/2014.
L. 54, 2nd Ex. Sess.: p. 23, § 5. CRS 53: § 128-3-5. C.R.S. 1963: § 128-3-5. L. 81: (1) and (3) amended, p. 1696, § 4, effective July 1. L. 83: (1) amended and (5) added, p. 1378, § 5, effective May 12. L. 2014: (1) amended, (SB 14-052), ch. 43, p. 215, § 2, effective August 6.
For collection of taxes, see article 10 of title 39.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-105.5 - Immunity

So long as it is engaged in the scope of activity permitted by the provisions of this article, a board or any of its members shall not be held liable in any court of competent jurisdiction for conduct associated with such tasks undertaken or assigned by it.
L. 83: Entire section added, p. 1378, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-106 - Judicial review

Any landowner aggrieved at the amount of the assessment against his land may bring an action in the district court of the county in which the land is situated to test the validity of the assessment or to enjoin its collection, but such action must be brought within thirty days after the assessment is made and the copy of the resolution of the board is mailed as provided in section
35-72-105
and cannot be brought thereafter.
L. 54, 2nd Ex. Sess.: p. 24, § 6. CRS 53: § 128-3-6. C.R.S. 1963: § 128-3-6. L. 83: Entire section amended, p. 1378, § 7, effective May 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-107 - Cooperation with other agencies in erosion control

The board of any county wherein land is being eroded or soil is blowing, as provided in this article, is hereby authorized to enter into any agreement with the federal government or any agency thereof, the state of Colorado or any agency thereof, any district, or any other county or counties for cooperation in preventing or attempting to prevent soil erosion or property damage by soil blowing.
L. 54, 2nd Ex. Sess.: p. 24, § 7. CRS 53: § 128-3-7. C.R.S. 1963: § 128-3-7. L. 81: Entire section amended, p. 1696, § 5, effective July 1. L. 83: Entire section amended, p. 1379, § 8, effective May 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 72 - SOIL EROSION - DUST BLOWING - 1954 ACT (§§ 35-72-101 — 35-72-108) › Section 35-72-108 - [Repealed]

L. 54, 2nd Ex. Sess.: p. 25, § 8. CRS 53: § 128-3-8. C.R.S. 1963: § 128-3-8. L. 81: Entire section repealed, p. 1697, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 73 - VOLUNTARY SOIL HEALTH PROGRAM (§§ 35-73-101 — 35-73-108) › Section 35-73-101 - Short title

The short title of this article 73 is the "Voluntary Soil Health Program Act".
Added by 2021 Ch. 279,§2, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1181), ch. 1607, p. 1607, § 2, effective September 7.
2021 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 73 - VOLUNTARY SOIL HEALTH PROGRAM (§§ 35-73-101 — 35-73-108) › Section 35-73-103 - Colorado soil health program - created - purposes

The Colorado soil health program is hereby established in the department to encourage widespread adoption of soil health practices by agricultural producers, promote environmental benefits, and advance the understanding of the environmental and economic benefits of soil health practices.
Added by 2021 Ch. 279,§2, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1181), ch. 1608, p. 1608, § 2, effective September 7.
2021 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 73 - VOLUNTARY SOIL HEALTH PROGRAM (§§ 35-73-101 — 35-73-108) › Section 35-73-104 - Program development - programs, grants, systems, and inventories and platforms

(1)
In consultation with the advisory committee and in accordance with subsection (4) of this section, the department shall establish the following if financial resources are available:
(a)
A grant program for eligible entities to engage in soil health activities;
(b)
A system for monitoring the agricultural, environmental, or economic benefits of soil health practices as demonstrated by implementation experience, research projects, demonstration projects, or soil health activities;
(c)
A state soil health inventory and platform;
(d)
A soil health testing program; and
(e)
Other programs the department deems appropriate or necessary to promote soil health practices.
(2)
(a)
In establishing programs in accordance with subsection (1) of this section, the department may prioritize the establishment of programs based on its determination of agricultural producer need and support, the availability of money and staffing, emerging areas of scientific inquiry and research, the degree of environmental benefits, or other considerations deemed appropriate to promote soil health practices.
(b)
The department shall not make a grant unless the advisory committee approves the grant, including the amount, recipient, and purpose.
(3)
All programs established under subsection (1) of this section are voluntary and incentive based. The department shall not require:
(a)
Eligible entities to participate in the soil health program; or
(b)
Nonparticipating entities to implement soil health practices.
(4)
Before establishing a program, the department shall provide public notice on the department's official website. The department shall give the public no less than forty-five days to submit written comments after the date of publication on its official website.
Amended by 2022 Ch. 421,§82, eff. 8/10/2022.
Added by 2021 Ch. 279,§2, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1181), ch. 1609, p. 1609, § 2, effective September 7.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 73 - VOLUNTARY SOIL HEALTH PROGRAM (§§ 35-73-101 — 35-73-108) › Section 35-73-105 - Powers and duties of the department

(1)
In carrying out this article 73, the department may:
(a)
Seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this article 73, but the department shall not pledge the faith or credit of the state of Colorado or any county or other political subdivision. In connection with the gifts, grants, or donations, the department may enter into an agreement or contract.
(b)
Administer and expend the following money to plan, develop, or implement programs authorized in section
35-73-104
:
(I)
Appropriations made by the general assembly;
(II)
Money granted to or made available to the department by the United States government, an agency of the United States government, or a political subdivision of Colorado;
(III)
Gifts, grants, or donations received under subsection (1)(a) of this section; or
(IV)
Money derived from any other source, subject to appropriation;
(c)
Provide grants, loans, and other resources to eligible entities to perform soil health activities;
(d)
Unless otherwise specified by the grantor or donor, use any money received from a political subdivision of Colorado, the United States government, or an agency of or corporation of the United States government to serve as a matching fund for soil health activities; or
(e)
Cooperate and collaborate, including entering into an agreement, to:
(I)
Advance the scientific understanding of soil health, soil health practices, environmental outcomes, or economic outcomes;
(II)
Increase monetary or nonmonetary resources to support scientific research; or
(III)
Apply for grants, including applying for grants jointly, and obtain resources to support the programs authorized in section
35-73-104
.
(2)
In establishing a grant program, the department shall:
(a)
Make money available for demonstration projects, educational projects, implementation projects, or research projects grants to eligible entities;
(b)
Minimize the use of money by grant recipients for costs not directly related to grant outcomes, such as administrative expenses or other expenses related to overhead;
(c)
Establish a monitoring and oversight procedure to ensure that money is being spent as intended; and
(d)
Establish protocols that ensure the confidentiality, in accordance with section
35-73-107
, of agricultural producer, landowner, land manager, and land information, including with respect to a state soil health inventory and platform and state soil health testing program.
Added by 2021 Ch. 279,§2, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1181), ch. 1609, p. 1609, § 2, effective September 7.
2021 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 73 - VOLUNTARY SOIL HEALTH PROGRAM (§§ 35-73-101 — 35-73-108) › Section 35-73-107 - Landowner, land manager, and agricultural producer information - confidentiality

The department shall not disclose records, including analyses and maps, compiled or maintained in accordance with this article 73 that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners, land managers, agricultural producers, or parcels of land; except that the department may disclose summary or aggregated data that do not specifically identify individual landowners, land managers, agricultural producers, or parcels of land.
Added by 2021 Ch. 279,§2, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1181), ch. 1613, p. 1613, § 2, effective September 7.
2021 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › SOIL EROSION (§§ 35-71-101 — 35-73-108) › Article 73 - VOLUNTARY SOIL HEALTH PROGRAM (§§ 35-73-101 — 35-73-108) › Section 35-73-108 - Reporting requirement

(1)
No later than January 31 of each year, the department shall prepare and make available to the public a report on its official website that must contain the following information for the previous year:
(a)
An accounting of all money received and spent for the soil health program;
(b)
A description of activities undertaken, including the number and type of grant-funded projects and the educational and stakeholder engagement activities; and
(c)
A summary of the activities and recommendations of the advisory committee.
(2)
Notwithstanding section
24-1-136(11)(a)(I)
, no later than January 31 of each year, the department shall submit the report prepared in accordance with subsection (1) of this section to the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees.
(3)
Notwithstanding section
24-1-136(11)(a)(I)
, the department shall annually report each gift, grant, or donation, including the identity of the donor, in its budget request for the state fiscal year to the joint budget committee and at the hearing required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article
7
of title
2
.
Added by 2021 Ch. 279,§2, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1181), ch. 1613, p. 1613, § 2, effective September 7.
2021 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-101 - Short title

This article shall be known and may be cited as the "Colorado Agricultural Development Authority Act".
L. 81: Entire article added, p. 1731, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-104 - Colorado agricultural development authority - creation - membership

(1)
There is hereby created an independent public body politic and corporate to be known as the Colorado agricultural development authority. Said authority is constituted a public instrumentality, and its exercise of the powers conferred by this article shall be deemed and held to be the performance of an essential public function. The authority shall be a body corporate and a political subdivision of the state and shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, or agency of the state.
(2)
(a)
The governing body of the authority is a board of directors, which consists of seven members, who are appointed as follows:
(I)
One shall be appointed by the governor, with the consent of the senate;
(II)
Three shall be appointed by the president of the senate; and
(III)
Three shall be appointed by the speaker of the house of representatives.
(b)
Such members must be residents of the state, must have a knowledge of agricultural activity in the state, and must represent the various agriculture operations and geographical regions of the state. No more than four of the appointed members may be affiliated with the same political party.
(c)
Members shall be appointed for a term of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. Each member shall serve until the member's successor has been appointed. Any member shall be eligible for reappointment. The person making the original appointment shall fill any vacancy by appointment for the remainder of an unexpired term.
(d)
The commissioner of agriculture shall be an ex officio, nonvoting member of the board.
(e)
Any appointed member of the board may be removed by the person making the appointment for misfeasance, malfeasance, willful neglect of duty, or other cause.
Amended by 2022 Ch. 2,§109, eff. 2/25/2022.
L. 81: Entire article added, p. 1734, § 1, effective June 19. L. 87: (2)(a) amended, p. 913, § 29, effective June 15.
For the provisions that designate the Colorado agricultural development authority as a "special purpose authority" for the purposes of § 20 of article X of the Colorado constitution, see §24-77-102(15).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-106 - Meetings of board - quorum - expenses

(1)
Four members of the board shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the board upon the affirmative vote of at least four of its members. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(2)
Each meeting of the board for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted, but resolutions and all proceedings and other acts of the board shall be a public record.
(3)
Members of the board shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling and lodging expenses, incurred in the discharge of their official duties. Any payments for compensation and expenses shall be paid from funds of the authority.
L. 81: Entire article added, p. 1735, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-108 - Authority - loans to or made by lenders

(1)
The authority may:
(a)
Make, and undertake commitments to make, loans to lenders under terms and conditions requiring the proceeds thereof to be used by such lenders to make loans to finance agricultural enterprises. Loan commitments or actual loans shall be originated through and serviced by any bank, trust company, savings and loan association, mortgage banker, or other financial institution authorized to transact business in this state.
(b)
Invest in, purchase or make commitments to invest in or purchase, or take assignments or make commitments to take assignments of loans made by lenders for the construction, rehabilitation, or purchase of agricultural enterprises. No loan shall be eligible for investment in, purchase, or assignment by the authority if the loan was made more than six months prior to the date of investment, purchase, or assignment by the authority.
(2)
Prior to exercising any of the powers authorized in subsection (1) of this section, the authority shall require the lender to certify and agree that:
(a)
The loan is, or if the loan has not yet been made will at the time of making be, in all respects a prudent investment; and
(b)
Such lender will use the proceeds of the loan, investment, sale, or assignment within a reasonable period of time to make loans or purchase loans to finance agricultural enterprises; or, if such lender has made a commitment to make loans to finance agricultural enterprises on the basis of a commitment from the authority to purchase such loans, such lender will make and sell the loans to the authority within a reasonable period of time.
(3)
Prior to exercising any of the powers under subsection (1) of this section, the authority may, but is not obligated to:
(a)
Require that the loan involved be insured by a loan insurer or be guaranteed by a loan guarantor;
(b)
Require any type of security that it deems reasonable and necessary; or
(c)
Authorize the reservation of funds by lenders in such amount and subject to such conditions as the authority considers reasonable and necessary.
L. 81: Entire article added, p. 1737, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-109 - Authority - rules and regulations

(1)
Prior to exercising its authority under section
35-75-108(1)
, the authority shall promulgate rules and regulations governing its activities authorized under this article, including, but not limited to:
(a)
Procedures for the submission of requests or invitations and proposals for making loans to lenders and procedures for the investment in, purchase, assignment, and sale of loans;
(b)
Procedures for reinvestment by lenders of the proceeds, or an equivalent amount, from any loan to lenders and procedures for the investment in or purchase by the authority of loans or the assignment or sale to the authority of loans to finance agricultural enterprises;
(c)
The number of agricultural projects, location of the projects, and other characteristics of agricultural enterprises to be financed directly or indirectly by the authority pursuant to section
35-75-108(1)
, including, to the extent reasonably possible, assurance that the agricultural enterprises to be financed by an issue of bonds or series of issues will improve employment conditions or otherwise enhance the welfare of persons in the agricultural sector;
(d)
Rates, fees, charges, and other terms and conditions of originating or servicing loans in order to protect against an excessive financial return or benefit by the originator or servicer;
(e)
The type and amount of collateral or security to be provided to assure repayment of loans made by the authority;
(f)
The type of collateral, payment bonds, performance bonds, or other security to be provided for any loans made by a lender for construction loans;
(g)
The nature and amount of fees to be charged by the authority to provide for expenses and reserves of the authority;
(h)
Standards and requirements for the allocation of available money among lenders and the determination of the maturities, terms, conditions, and interest rates for loans made, purchased, sold, assigned, or committed pursuant to this article;
(i)
Commitment requirements for agricultural financing by lenders involving money provided directly or indirectly by the authority; or
(j)
Any other matters related to the duties or exercise of the authority's powers or duties under this article.
L. 81: Entire article added, p. 1738, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-110 - Notes

(1)
The authority may issue from time to time its negotiable notes for any corporate purpose and may renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds.
(2)
Any resolution authorizing notes of the authority or any issue of such notes may contain any provisions which the authority is authorized to include in any resolution authorizing bonds of the authority or any issue of bonds, and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds.
(3)
All such notes shall be payable from the proceeds of bonds or renewal notes or from the revenues of the authority or other moneys available for such payment and not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations outstanding at the time of issuance of such notes.
L. 81: Entire article added, p. 1738, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-112 - Negotiability of bonds

All bonds and the interest coupons applicable to such bonds are hereby declared and shall be construed to be negotiable instruments.
L. 81: Entire article added, p. 1741, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-114 - Personal liability

Neither the members of the board, employees of the authority, nor any person executing the bonds or notes shall be liable personally on bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.
L. 81: Entire article added, p. 1742, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-115 - Purchase

The authority may purchase its bonds or notes out of any available funds. The authority may hold, pledge, cancel, or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders.
L. 81: Entire article added, p. 1742, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-116 - Payment of bonds - nonliability of state

(1)
Bonds and notes issued by the authority shall not constitute or become an indebtedness, a debt, or a liability of the state, nor shall the state be liable on such bonds and notes, nor shall such bonds or notes constitute the giving, pledging, or loaning of the full faith and credit of the state, but such bonds and notes shall be payable solely from the funds provided for in this article. The issuance of bonds or notes under the provisions of this article shall not obligate the state or empower the authority, directly, indirectly, or contingently, to levy or collect any form of taxes or assessments, to create any indebtedness payable out of taxes or assessments, or to make any appropriation for their payment, and such appropriation, levy, or collection is prohibited.
(2)
Nothing in this section shall prevent or be construed to prevent the authority from pledging its full faith and credit to the payment of bonds or notes authorized pursuant to this article, but nothing in this article shall be construed to authorize the authority to create a debt of the state within the meaning of the constitution or statutes of Colorado; and all bonds issued by the authority pursuant to the provisions of this article are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or with any trust indenture executed as security for such bonds and are not a debt or liability of the state of Colorado.
(3)
The state shall not be liable in any event for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, obligation, or agreement shall impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power.
L. 81: Entire article added, p. 1742, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-117 - Exemption from taxation - securities law

The income or other revenues of the authority, all properties at any time owned by the authority, any bonds, notes, or other obligations issued pursuant to this article, the transfer of and the income, including any profit made on sale, from any such bonds, notes, or other obligations, and all trust indentures and other documents issued in connection with such bonds, notes, or other obligations shall be exempt at all times from all taxation and assessments in the state of Colorado. Bonds issued by the authority shall also be exempt from the provisions of article
51
of title
11
, C.R.S.
L. 81: Entire article added, p. 1743, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-118 - Fees

All expenses of the authority incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article, and no liability shall be incurred by the authority beyond the moneys which are provided pursuant to this article. For the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided pursuant to this article, the authority may borrow such moneys as may be required for the necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided pursuant to this article.
L. 81: Entire article added, p. 1743, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-119 - Investment powers of authority

The authority has the power to invest any funds held in reserve, sinking funds, capital reserve funds, or any funds not required for immediate disbursement in property or in securities in which the state treasurer may legally invest funds subject to his control; and to sell from time to time such securities thus purchased and held; and to deposit any securities in any trust bank within or without the state. In addition, the authority has the power to invest any such funds in unsecured promissory notes of a national bank having the highest investment ratings. Any funds deposited in a banking institution shall be secured in such manner and subject to such terms and conditions as the board may determine, with or without payment of any interest on such deposit, including, without limitation, time deposits evidenced by certificates of deposit. Any commercial bank incorporated under the laws of this state which may act as a depository of any funds of the authority may issue indemnifying bonds or may pledge such securities as may be required by the board.
L. 81: Entire article added, p. 1743, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-120 - Proceeds as trust funds

All moneys received pursuant to this article, whether as proceeds from the sale of bonds, notes, or other obligations or as revenues or receipts, shall be deemed to be trust funds to be held and applied solely as provided in this article. Any officer, bank, or trust company with which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this article, subject to such regulations as the authority and the resolution authorizing the bonds, notes, or other obligations of any issue or the trust agreement securing such obligations provides.
L. 81: Entire article added, p. 1743, § 1, effective June 19.