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 22 - TREASURER - DUTIES (§§ 37-22-101 — 37-22-108) › Section 37-22-108 - Treasurer's reports

At each regular meeting of the directors of a drainage district and more often when required, the treasurer shall report in writing the amount of money on hand, the amount received since his last report, and the amounts paid out, with a list of warrants presented since the last report. Said report shall be sworn to and filed with the secretary of the board of directors.
L. 11: p. 322, § 52. C.L. § 2160. CSA: C. 57, § 54. CRS 53: § 47-3-8. C.R.S. 1963: § 47-3-8.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-101 - Assessments according to benefits

(1)
As soon as the plans for a drainage system have been determined and before the actual work of drainage is begun or bonds voted, the board of directors shall proceed to make special assessments for benefits by classifying the lands in the district in tracts of forty acres, more or less, according to the legal or recognized subdivisions on a graduated scale to be numbered according to the benefits to be received by the contemplated drainage. The tracts of land which will receive most and about equal benefits shall be marked one hundred, and such as are adjudged to receive less benefits shall be marked with a lesser number denoting its percent of benefit. This classification when established shall remain as a basis for the levy of taxes as may be needed for the lawful and proper purposes of the drainage district.
(2)
In any district where a classification has once been made and the board of directors believes from experience and results that such former classification is not fairly adjusted on the several tracts of land according to benefits which may be adjusted by new or additional assessments, then the board of directors shall disregard such former classification and make a new classification in accordance with justice and right. When the classification is completed it shall be properly tabulated or shown by a map, or both, and filed in the office of the secretary of the district for inspection.
L. 11: p. 322, § 53. L. 13: p. 253, § 2. C.L. § 2161. CSA: C. 57, § 55. CRS 53: § 47-4-1. C.R.S. 1963: § 47-4-1.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-101.5 - Determination of special benefits - factors considered

(1)
The term "benefit", for the purposes of assessing a particular property within a drainage system improvement district, includes, but is not limited to, the following:
(a)
Any increase in the market value of the property;
(b)
The provision for accepting the burden from specific dominant property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his property impermeable;
(c)
Any adaptability of property to a superior or more profitable use;
(d)
Any alleviation of health and sanitation hazards accruing to particular property or accruing to public property in the improvement district, if the provision of health and sanitation is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;
(e)
Any reduction in the maintenance costs of particular property or of public property in the improvement district, if the maintenance of the public property is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;
(f)
Any increase in convenience or reduction in inconvenience accruing to particular property owners, including the facilitation of access to and travel over streets, roads, and highways;
(g)
Recreational improvements accruing to particular property owners as a direct result of drainage improvement.
L. 75: Entire section added, p. 998, § 5, effective July 1.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-102 - Objections to classification - hearing

The board of directors shall cause to be personally served upon all parties residing in the district and owning land to be affected by the proposed drainage system, or other property liable to be taxed, a written or printed notice of the time when, and place where, it will meet to hear any objections that may be made to classifications of lands on the graduated scale. The notice shall be served in case of residence in the district not less than three days before the time set for hearing, by delivering a copy thereof to the party to be served. In the event that such copy cannot be personally delivered to the party to be served, then such notice shall be served in the manner provided for the service of summons in the Colorado rules of civil procedure. The board of directors shall cause to be sent by mail, at least ten days before the time set for said hearing, such notice to all owners who do not reside in the district whose land is affected, in case their post-office address is known to the board of directors or can be ascertained by the use of reasonable diligence. In case the land of any nonresident or of anyone whose residence is unknown is affected, then publication shall be made in some newspaper published in said county for three successive weeks prior to the time of such hearing, the publication to be made after a resolution of the board of directors has been duly passed determining the names of those landowners within the district who are nonresidents of the state or whose residence is unknown, and such meeting to hear objections may be adjourned from day to day by public announcement of the board of directors made at the meeting, until all objections are heard. All persons duly notified of the first day of meeting shall take cognizance of all adjournments without further notice. The affidavit of any creditable person that he has posted or served the notice required and the certificate of the publishers of such newspaper as to such publication shall be sufficient evidence of such facts.
L. 11: p. 322, § 54. L. 13: p. 254, § 2. C.L. § 2162. CSA: C. 57, § 56. CRS 53: § 47-4-2. C.R.S. 1963: § 47-4-2.
For service of process, see C.R.C.P. 4; for publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-103 - Corrections - appeal - bond

At the time of meeting for review, the board of directors shall hear whatsoever objections may be urged by any person interested, and, if satisfied that any injustice has been done in the classification of the several tracts of land or any of them, it shall correct the same in accordance with what is right, but if not so satisfied, it shall leave the classification as first made and enter an order to that effect. Any person appearing and urging objections who is not satisfied with the decision of the board of directors may appeal from its decision to the district court of the county in which the lands affected are situated, within ten days after the decision of the board of directors is rendered, by filing with the county clerk and recorder a bond with security conditioned to pay such taxes as are finally levied upon the land in question, and the costs occasioned by the appeal, in case the board of directors is sustained by the court.
L. 11: p. 322, § 55. L. 13: p. 255, § 2. C.L. § 2163. CSA: C. 57, § 57. CRS 53: § 47-4-3. C.R.S. 1963: § 47-4-3. L. 64: p. 248, § 119.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-104 - Hearing on appeal - special jury

(1)
Appeals taken to the district court may be heard at the discretion of the court; except that ten days shall intervene from the time of taking the appeal and the date set for hearing. The costs of such appeal, at the discretion of the court, may be divided between the drainage district and the owner of the land who may appeal from the classification of the board of directors. It is the duty of the district court to cause to be summoned six landowners living outside of the drainage district, who are not interested in any lands or work in said district, or of kin to any of the parties interested, to meet at the courthouse at a time set by the court for hearing any appeal that may be taken from the decision of the board of directors. The six landowners shall be men who have some knowledge of the costs and benefits of farm drainage and shall be sworn as a special jury to try the case on appeal. Should any of said landowners fail to appear at the time named, or should any of those summoned be rejected under the exercise of the usual right of challenge, the court may cause to be summoned any other qualified landowner to fill such vacancy, or the case may be tried by three qualified jurors if both parties to the suit so agree.
(2)
Whenever the special jury summoned to hear appeals has been sworn, it is the duty of the court to lay before them the classifications as determined by the drainage district board of directors, and they shall examine the same and hear allegations and testimony in opposition to and in support of the same and, if requested by either party to the appeal, may visit the district and view the lands. If they find the tracts of land in question are marked too high or too low in the classification, they shall correct the errors; but, if no injustice has been done, they shall confirm the classification as made by the board of directors. Their final determination shall be made in writing and filed with the records of the court.
(3)
The classification when established shall also be recorded with other papers on the drainage record. Appellate review of the final decision of the district court, entered pursuant to the decision of the special jury, may be had in an appellate court as in other civil actions and pursuant to the Colorado appellate rules.
L. 13: p. 255, § 2. C.L. § 2164. CSA: C. 57, § 58. CRS 53: § 47-4-4. C.R.S. 1963: § 47-4-4. L. 64: p. 249, § 120.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-105 - Effect of appeal

The taking of any appeal by any persons shall not operate to delay the collection of any tax from which no appeal has been taken or delay the progress of the work or the issuing of any bonds.
L. 13: p. 257, § 2. C.L. § 2165. CSA: C. 57, § 59. CRS 53: § 47-4-5. C.R.S. 1963: § 47-4-5.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-106 - Modified classification filed

The board of directors shall modify said classification so that it conforms to the changes made therein in the hearings before said board, and the secretary of the district shall certify and file said classification of property of the district so modified, properly tabulated or shown by a map, or both, with the county clerk and recorder of each county in which the district is located, and, if through any appeal said classification is modified, the board shall then modify the classification, and the secretary of the district shall certify and file the same so modified with the county clerk and recorder of each county in which the district is located.
L. 13: p. 257, § 2. C.L. § 2166. CSA: C. 57, § 60. CRS 53: § 47-4-6. C.R.S. 1963: § 47-4-6.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-107 - Special assessments - apportionment

(1)
The board of directors, on or before July 1 in each year, shall determine the amount of money required to meet the current expenses of the coming year, including cost of construction, maintenance, operating and ordinary expenses, deficiency in the payment of expenses already incurred, bond interest unpaid, the amount of bonded indebtedness, and the principal or interest which will fall due during said coming year, and by resolutions shall order such amount of money to be raised by special assessment upon the lands of the district, as may be necessary to raise the sum of money so determined. Such amount shall be apportioned among the several tracts in the name of the owner when known according to acreage of each and its figure of this classification on the graduated scale, so that each tract may bear its equal burden in proportion to benefits.
(2)
The board shall make out a special assessment roll, designated in this article as "tax list", setting down in separate columns the owners' names when known, and when unknown stating "unknown", a description of the land, the number denoting the classification, and the tax: That for current expenses and that for bonded indebtedness and interest thereon shall be in separate columns. When completed the list shall be filed with the secretary of the district.
(3)
The tax list may be substantially as follows:
Click here to view image
L. 13: p. 257, § 2. C.L. § 2167. CSA: C. 57, § 61. CRS 53: § 47-4-7. C.R.S. 1963: § 47-4-7.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-108 - Assessment list

The assessment list shall be completed on or before July 15, and, on the first Tuesday of August in each year and from day to day thereafter, Sundays excepted, the board of directors shall sit to hear complaints and to correct errors in said assessment until all complaints filed with the secretary or presented to the board have had an opportunity to be heard and determined. The classification of any lands on the graduated scale shall not be changed or determined at said hearings.
L. 13: p. 258 § 2. C.L. § 2168. CSA: C. 57, § 62. CRS 53: § 47-4-8. C.R.S. 1963: § 47-4-8.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-110 - Owner may except - hearing

(1)
Any owner of land in said drainage district may file exceptions to said report or to any assessment for benefits within ten days after the last day of publication of the notice provided for in this article. All exceptions shall be heard by the board of directors and determined in a summary manner so as to carry out liberally the purposes of articles
20
to
30
of this title and the needs of the district; and if it appears to the satisfaction of the board, after hearing and determining all exceptions which may in writing be filed, that the estimated cost of constructing the improvement contemplated in the plans for the drainage system is less than the benefits assessed against the land in the district, then the board of directors shall approve and confirm the report as originally filed or as modified and amended after such hearing.
(2)
The secretary of the district shall transmit the directors' report as finally confirmed to the county clerk and recorder of each county in which lands in the district may be located or affected by said report, where the same shall become a permanent record. Appeals may be taken from the decision of the board of directors in the same manner and with the same effect as provided in sections
37-23-103
to
37-23-105
, and the board of directors shall modify said assessment of benefits so that the same shall conform to the changes made therein by reason of such appeal and shall certify and file the same with the county clerk and recorder of each county in which the district is located.
(3)
Where the works set out in the plan for a drainage system of any drainage district are found insufficient to reclaim in whole or in part any or all of the land within the district, the board of directors may formulate new or amended plans, containing new ditches or other works or providing for the enlargement of existing ditches or other works, and additional assessments may be made in conformity with the provisions of this section, the same to be made in proportion to the increased benefits accruing to the lands within the district because of such additional works.
(4)
After the list of lands with the assessed benefits has been filed in the office of the county clerk and recorder, the board of directors, without any unnecessary delay, shall levy a tax on such portion of said benefits on all lands in the district to which benefits have been assessed, as may be found necessary by the board of directors to pay the costs of the completion of the proposed plan for the drainage system and in carrying out the objects of the district, plus ten percent for emergencies.
L. 19: p. 394, § 1. C.L. § 2169. CSA: C. 57, § 63. CRS 53: § 47-4-10. C.R.S. 1963: § 47-4-10.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-111 - Tax levies - how made

(1)
The tax shall be apportioned to and levied on each tract of land in said district in proportion to the benefits assessed and not in excess thereof, and, in case bonds are issued, the amount of the interest, as estimated by said board of directors, which will accrue on such bonds shall be included and added to the tax, but the interest to accrue on such bonds shall not be construed as a part of the cost of construction in determining whether or not the expenses and costs of making said improvements are or are not equal to or in excess of the benefits assessed.
(2)
In case bonds are issued, said tax shall be divided into such number of annual installments as will meet the requirements of and provide for the punctual payment of the interest upon and the principal of the bonds as the same accrue. In case the proceeds of the original tax levy are not sufficient to pay the principal of and the interest upon all of the bonds which may at any time be issued, then the board of directors shall make such additional levies upon the benefits assessed, but not in excess thereof, as are necessary to pay such principal and interest. If it is found at any time that the amount of total taxes levied is insufficient to pay the cost of the works set out in the plan for a drainage system or to pay the cost of the additional work, the board of directors may make an additional levy to provide funds to complete the work; but the total of all such levies shall not exceed the total amount of benefits assessed.
(3)
The secretary of the district, as soon as said total tax is levied, at the expense of the district, shall prepare a list of all taxes levied in the form of a well-bound book, which book shall be endorsed and named: ".............. Drainage District Assessment Book", which endorsement shall also be printed or written at the top of each page in said book, and it shall be signed and certified by the president and secretary of the district, under the seal thereof, and the same shall thereafter become a permanent record in the office of said secretary, and a certified copy thereof shall be transmitted to the proper county assessor.
L. 19: p. 394, § 1. C.L. § 2169. CSA: C. 57, § 63. CRS 53: § 47-4-11. C.R.S. 1963: § 47-4-11.
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) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-112 - Levy for alternative plan

In case the board of directors adopts the alternative method of assessment of benefits provided by sections
37-23-109
to
37-23-111
, and after a tax has been levied upon the benefits so assessed for the purpose of paying the costs of completion of the proposed plan for the drainage system and carrying out the objects of the district, thereafter taxes may be levied for the purposes of meeting the maintenance, operating, and ordinary expenses of the district for the coming year and any deficiency in the payment of such expenses already incurred, and such taxes shall be levied in the manner provided by sections
37-23-107
and
37-23-108
, with the exception that the amounts of money to be raised shall be apportioned among the several tracts assessed in proportion to the benefits assessed thereon under section
37-23-111
and with the further exception that the amount to be raised for the purposes of meeting the interest upon and the principal of the bonds of the district as the same accrue, together with any deficiencies in the payment of the same, shall be determined in the manner provided by sections
37-23-109
to
37-23-111
, and shall so appear in the assessment roll provided by section
37-23-107
.
L. 23: p. 280, § 2. CSA: C. 57, § 64. CRS 53: § 47-4-12. C.R.S. 1963: § 47-4-12.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-113 - Assessments - how made

(1)
On or before September 1 in each year, the secretary shall transmit to the county assessor of each county a certified copy of so much of said assessment book as relates to land within the county of said county assessors, together with the certified copy of the order of the board of directors.
(2)
Thereupon it is the duty of the county assessor, without expense to the drainage district, to assess and enter upon his records as assessor, in its appropriate column, the assessments so certified, which assessments shall be delivered to the county treasurer as part of the assessment roll in the same manner as general, state, and county taxes are certified by the county assessor to the county treasurer for collection.
L. 11: p. 323, § 56. L. 21: p. 279, § 2. C.L. § 2170. CSA: C. 57, § 65. CRS 53: § 47-4-13. C.R.S. 1963: § 47-4-13.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-115 - Sale of property taxed - repeal

(1)
The board of directors of any drainage district may sell, dispose of, and convey, on behalf of such district, any real property to which such drainage district may take title by tax deed under the provisions of section
37-23-114
, as said board may by resolution direct, either at public or private sale, at such price and upon such terms as said board may determine, and without any authorization from the electors of such district.
(2)
This section is repealed, effective July 1, 2024.
Amended by 2024 Ch. 165,§ 8, eff. 7/1/2024.
L. 29: p. 535 § 1. CSA: C. 57, § 67. CRS 53: § 47-4-15. C.R.S. 1963: § 47-4-15.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-116 - President to execute deed - repeal

(1)
The president of the board of directors of such drainage district, when authorized by resolution of the board of directors, is empowered to execute, acknowledge, and deliver any deeds of conveyance necessary to convey such real property to the purchaser thereof. The deed of conveyance shall be attested by the secretary of such drainage district under its seal, and when so executed such deed of conveyance shall be held to convey the entire title of such drainage district to the purchaser thereof.
(2)
This section is repealed, effective July 1, 2024.
Amended by 2024 Ch. 165,§ 9, eff. 7/1/2024.
L. 29: p. 535, § 2. CSA: C. 57, § 68. CRS 53: § 47-4-16. C.R.S. 1963: § 47-4-16.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-117 - Proceeds of sale - repeal

(1)
The proceeds of such sales shall be paid into such fund of the drainage district as its board of directors by resolution may direct.
(2)
This section is repealed, effective July 1, 2024.
Amended by 2024 Ch. 165,§ 10, eff. 7/1/2024.
L. 29: p. 536, § 3. CSA: C. 57, § 69. CRS 53: § 47-4-17. C.R.S. 1963: § 47-4-17.
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 23 - ASSESSMENT FOR BENEFITS (§§ 37-23-101 — 37-23-118) › Section 37-23-118 - Directors to perfect title - repeal

(1)
The board of directors of any such drainage district is authorized to take such steps in the name of and on behalf of the district as it deems necessary in order to perfect the title of such drainage district to any lands to which it has taken title by tax deed and for that purpose may procure and take deeds of conveyance or other assurances of title from the holders of record or other titles to such lands and may institute actions for the purpose of quieting title to such real estate as against the claims of any other persons, associations, or corporations.
(2)
This section is repealed, effective July 1, 2024.
Amended by 2024 Ch. 165,§ 11, eff. 7/1/2024.
L. 29: p. 536, § 4. CSA: C. 57, § 70. CRS 53: § 47-4-18. C.R.S. 1963: § 47-4-18.
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 24 - CONSTRUCTION OF SYSTEM (§§ 37-24-101 — 37-24-107) › Section 37-24-101 - Construction - bids - advertising

After adopting a plan for a drainage system and providing for the payment of the same, or a designated part thereof by assessment or bonds, the board of directors shall give notice, by publication not less than twenty days prior to the date of opening proposals in a newspaper published in the county where the office of the drainage district is kept and in such other newspaper as may be deemed advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole, then the portion of said system to be constructed shall be described in the notice. The notice shall set forth where the plans and specifications may be seen and that sealed proposals will be received at the office of the drainage district and a contract let to the lowest responsible bidder, giving the time and place for opening the proposals, which, at said time and place, shall be opened in public. The board of directors may enter into a contract with the lowest responsible bidder for the construction of the whole or any portion of the work mentioned in the notice, or may reject any and all bids and readvertise for proposals, or may proceed to construct the work under the supervision of the board of directors, and in that event all material shall be purchased from the lowest responsible bidders after proposals have been invited and notice thereof published.
L. 11: p. 323, § 59. C.L. § 2173. CSA: C. 57, § 74. CRS 53: § 47-5-1. C.R.S. 1963: § 47-5-1.
For publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 24 - CONSTRUCTION OF SYSTEM (§§ 37-24-101 — 37-24-107) › Section 37-24-102 - Contractor - bond - engineer

The person to whom a contract may be awarded shall execute a bond in the penal sum of not less than ten percent of the contract price, with surety to be approved by the board of directors, payable to the drainage district, conditioned for the faithful performance of the contract. All work shall be done under the direction and to the satisfaction of the engineer employed by the drainage district subject to approval by the board of directors.
L. 11: p. 324, § 60. C.L. § 2174. CSA: C. 57, § 75. CRS 53: § 47-5-2. C.R.S. 1963: § 47-5-2.
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 24 - CONSTRUCTION OF SYSTEM (§§ 37-24-101 — 37-24-107) › Section 37-24-103 - Right of eminent domain

The board of directors has the power to construct the works across any watercourse, street, avenue, highway, railway, canal, or ditch which the route of such drainage system or any branch thereof intersects or crosses. If any railroad company, or the owners and controllers of said property, thing, or franchise so to be crossed, or the owner of land necessary for said drainage district, and the board of directors cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings, the same shall be ascertained and determined in all respects as is provided by law in respect to the taking of land for public uses, by the exercise of the right of eminent domain, which right is hereby conferred on drainage districts.
L. 11: p. 327, § 70. C.L. § 2175. CSA: C. 57, § 76. CRS 53: § 47-5-3. C.R.S. 1963: § 47-5-3.
For eminent domain proceedings, see articles 1 to 7 of title 38.
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 24 - CONSTRUCTION OF SYSTEM (§§ 37-24-101 — 37-24-107) › Section 37-24-104 - Additional powers - eminent domain

All drainage districts incorporated under the laws of this state have, in addition to all rights and powers granted by statute prior to March 22, 1921, the right and power under the laws of this state to cross lands outside the boundaries of said drainage district with any part of the system of drainage works including the drainage ditch or canal thereof.
L. 21: p. 284, § 1. C.L. § 2177. CSA: C. 57, § 78. CRS 53: § 47-5-5. C.R.S. 1963: § 47-5-5.
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 24 - CONSTRUCTION OF SYSTEM (§§ 37-24-101 — 37-24-107) › Section 37-24-105 - Compensation for property taken

Said drainage district shall make due and just compensation for such right-of-way and the damages occasioned by the construction and operation of its works, and, where the compensation for the property sought to be taken or damaged cannot be agreed upon by the parties interested, or in case the owner of the property is incapable of consenting, or his name or residence is unknown, or he is a nonresident of the state, the compensation to be paid for such right-of-way and damages occasioned by the construction and operation of such drainage works shall be determined by proceedings in eminent domain in the manner provided by law for the exercise of the right of eminent domain.
L. 21: p. 284, § 2. C.L. § 2178. CSA: C. 57, § 79. CRS 53: § 47-5-6. C.R.S. 1963: § 47-5-6.
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 24 - CONSTRUCTION OF SYSTEM (§§ 37-24-101 — 37-24-107) › Section 37-24-106 - Right-of-way across state lands

The right-of-way is given, dedicated, and set apart to locate, construct, and maintain drainage systems and works in, over, through, across, or upon any of the lands which are the property of the state.
L. 11: p. 327, § 71. C.L. § 2176. CSA: C. 57, § 77. CRS 53: § 47-5-4. C.R.S. 1963: § 47-5-4.
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 24 - CONSTRUCTION OF SYSTEM (§§ 37-24-101 — 37-24-107) › Section 37-24-107 - No officer interested in contract

No director or officer of a district shall be interested directly or indirectly in any contract awarded or to be awarded by the board or in the profits thereof, nor shall he or she receive any gratuity or bribe. For any violation of this provision, such officer or director commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S., and such conviction shall work a forfeiture of his or her office.
L. 11: p. 327, § 72. C.L. § 2179. CSA: C. 57, § 80. CRS 53: § 47-5-7. C.R.S. 1963: § 47-5-7. L. 77: Entire section amended, p. 884, § 65, effective 7/1/1979. L. 89: Entire section amended, p. 850, § 134, effective July 1. L. 2002: Entire section amended, p. 1553, § 334, effective October 1.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-101 - Bond issue - purposes - election

For the purpose of constructing a drainage system and necessary works for any drainage district and acquiring the necessary property and rights therefor, of paying the first year's interest upon the bonds authorized in this article, and of otherwise carrying out the provisions of articles
20
to
30
of this title, the board of directors of any drainage district may estimate and determine the amount of money necessary to be raised for such purposes and is empowered to call a special election to determine whether or not bonds of said district shall be issued in the amount so determined.
L. 11: p. 324, § 61. C.L. § 2180. CSA: C. 57, § 81. CRS 53: § 47-6-1. C.R.S. 1963: § 47-6-1.
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 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-102 - Notice of election - form of ballot

A notice of such election shall be given by posting notices in three public places in each election precinct in said district for at least twenty days and by publication of such notice in some newspaper published in the county where the office of the drainage district is required to be kept once a week for at least three successive weeks. The notice shall specify the time of holding the election and the amount of bonds proposed to be issued, and said election shall be held and the results thereof determined and declared in all respects as nearly as possible in conformity with the provisions of sections
37-21-105
to
37-21-108
,
37-21-112
, and
37-21-115
to
37-21-124
governing the election of directors. No informalities in conducting such election shall invalidate the same if the election has been otherwise fairly conducted. At such election the ballots shall contain the words "Bonds - Yes" or "Bonds - No".
L. 11: p. 324, § 62. C.L. § 2181. CSA: C. 57, § 82. CRS 53: § 47-6-2. C.R.S. 1963: § 47-6-2.
For publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-103 - Bonds - issuance - interest

(1)
If a majority of the votes cast is "Bonds - Yes", the board of directors shall immediately cause bonds in such amount to be issued payable in series as follows: At the expiration of eleven years, not less than five percent of the whole amount of said bonds; at the expiration of twelve years, not less than six percent of the whole amount of said bonds; at the expiration of thirteen years, not less than seven percent of the whole amount of said bonds; at the expiration of fourteen years, not less than eight percent of the whole amount of said bonds; at the expiration of fifteen years, not less than nine percent of the whole amount of said bonds; at the expiration of sixteen years, not less than ten percent of the whole amount of said bonds; at the expiration of seventeen years, not less than eleven percent of the whole amount of said bonds; at the expiration of eighteen years, not less than thirteen percent of the whole amount of said bonds; at the expiration of nineteen years, not less than fifteen percent of the whole amount of said bonds; and, at the expiration of twenty years, a percentage sufficient to pay off the remainder of said bonds.
(2)
The several enumerated percentages shall be of the entire amount of the bond issue.
(3)
Each bond must be payable at the given time for its entire amount and not for a percentage.
(4)
The bonds shall bear interest at a rate not to exceed eight percent per annum payable semiannually on June 1 and December 1 of each year. The principal and interest shall be payable at the location the board of directors designates in the bond.
Amended by 2023 Ch. 53, § 4, eff. 1/1/2024.
L. 11: p. 325, § 63. L. 21: p. 280, § 3. C.L. § 2182. CSA: C. 57, § 83. CRS 53: § 47-6-3. C.R.S. 1963: § 47-6-3.
2023 Ch. 53, 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) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-104 - Denomination - coupons - record

The bonds shall be of the denomination of one hundred dollars or five hundred dollars, negotiable in form, executed in the name of the district, and signed by the president and secretary, and the seal of the district shall be affixed thereto. The bonds shall be numbered consecutively and bear the date of their issue. Coupons for the interest shall be attached to each bond bearing the lithographed signatures of the president and secretary. The bonds shall express on their face that they are issued by the authority of articles
20
to
30
of this title. The secretary shall keep a record of the bonds sold, their number, date of sale, the price received, and the name of the purchaser.
L. 11: p. 326, § 64. C.L. § 2183. CSA: C. 57, § 84. CRS 53: § 47-6-4. C.R.S. 1963: § 47-6-4.
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 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-105 - Bonds maturing in less than twenty years

Any drainage district, by a majority vote of the legal electors of said district, may provide for the issuance of bonds that will mature in any number of years less than twenty and arrange for the payment thereof in series as provided in section
37-25-103
.
L. 11: p. 326, § 65. C.L. § 2184. CSA: C. 57, § 85. CRS 53: § 47-6-5. C.R.S. 1963: § 47-6-5.
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 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-106 - Additional bonds - election - priority

When the money provided by any previous issue of bonds has become exhausted by authorized expenditures and it becomes necessary to raise additional money for such purposes, additional bonds may be issued by submitting the question at a special election to the qualified voters of said district and otherwise complying with the provisions of this article in respect to an original issue of bonds. The lien for taxes, for the payment of the interest and principal of any previous bond issue, shall be a prior lien to that of any subsequent bond issue.
L. 11: p. 326, § 66. C.L. § 2185. CSA: C. 57, § 86. CRS 53: § 47-6-6. C.R.S. 1963: § 47-6-6.
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 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-107 - Sale of bonds - procedure

The board of directors may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise the money to carry out the objects and purposes of articles
20
to
30
of this title. Before making any sale, the board, 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 for at least twenty days in a daily newspaper published in the city of Denver and in any other newspaper at its discretion.
L. 11: p. 326, § 67. C.L. § 2186. CSA: C. 57, § 87. CRS 53: § 47-6-7. C.R.S. 1963: § 47-6-7.
For publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › DRAINAGE AND DRAINAGE DISTRICTS (§§ 37-20-101 — 37-33-109) › Article 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-108 - Sale of bonds - rejection of bids

The notice shall state that sealed proposals will be received by the board of directors at the office of the drainage district 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, or it may reject all bids.
L. 11: p. 326, § 68. L. 21: p. 281, § 4. C.L. § 2187. CSA: C. 57, § 88. CRS 53: § 47-6-8. C.R.S. 1963: § 47-6-8.
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 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-109 - Liability for bonds and interest

The bonds and the interest thereon shall be paid from annual assessments upon the real property within the drainage district, and said property shall be and remain liable to be assessed for such payments. Such bonds and coupons shall be receivable in payment of the assessments levied in payment of the interest and the redemption of the bonds.
L. 11: p. 327, § 69. C.L. § 2188. L. 31: p. 326, § 1. CSA: C. 57, § 89. CRS 53: § 47-6-9. C.R.S. 1963: § 47-6-9.
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 25 - BONDS (§§ 37-25-101 — 37-25-110) › Section 37-25-110 - Confirmation of bonds

Whether or not said bonds or any of them have been sold or disposed of, the board of directors of a drainage district may commence special proceedings in the district court of the county where the office of the drainage district is kept, in and by which the proceedings of said board of said district providing for and authorizing the issue and sale of the bonds of said district may be judicially examined, approved, and confirmed. The proceeding thereon shall be in conformity with the law regulating like proceedings for the examination, approval, and confirmation of the organization and bonds of irrigation districts.
L. 11: p. 329, § 76. C.L. § 2193. CSA: C. 57, § 94. CRS 53: § 47-6-10. C.R.S. 1963: § 47-6-10.
For confirmation proceedings of irrigation districts, see §§ 37-41-151 to 37-41-155.
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 26 - REFUNDING BONDS (§§ 37-26-101 — 37-26-119) › Section 37-26-101 - Refunding bonds may be issued

The board of directors of any drainage district in this state has the power, under the conditions in this article, to issue negotiable coupon bonds to be denominated "refunding bonds" for the purpose of paying, redeeming, or compromising outstanding bonds of the district and any unpaid matured interest on such outstanding bonds, whether such outstanding bonds are due or not, or payable at the option of the district or by consent of the bondholders, and whether such bonds are outstanding or are issued on or after April 24, 1933. Such refunding bonds shall not exceed in amount the principal sum of the bonds outstanding and the unpaid matured interest thereon at the time of the issue of the refunding bonds. The rate of interest on such refunding bonds shall not exceed the rate on the bonds so refunded, and in no event shall interest exceed six percent per annum. Such refunding bonds may be issued and used to redeem or compromise all or any part of one or more issues of bonds outstanding at the time of refunding, together with unpaid matured interest thereon.
L. 33: p. 450, § 1. CSA: C. 57, § 95. CRS 53: § 47-7-1. C.R.S. 1963: § 47-7-1.
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 26 - REFUNDING BONDS (§§ 37-26-101 — 37-26-119) › Section 37-26-102 - Refunding bonds issued - when

Such refunding bonds shall be issued in lieu of the bonds and interest refunded; shall evidence the same indebtedness; shall be supported by the same liens, assessments, appraised benefits, and levies; and, except as to time of payments, amounts, and rates of interest, shall be payable therefrom in the same manner as the bonds refunded, but said refunding bonds shall not constitute a blanket indebtedness or lien on lands within such drainage district unless provided for on the face of the bonds.
L. 33: p. 451, § 2. CSA: C. 57, § 96. CRS 53: § 47-7-2. C.R.S. 1963: § 47-7-2.