reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-105 - Adverse report - investigations

(1)
In case the report of the state engineer is adverse to the formation of such district because it is not considered feasible, he shall state his reasons for such conclusion in concise language and shall call attention thereto expressly in his letter transmitting such report to the board of county commissioners. The board of county commissioners shall thereupon fix and determine, upon such investigations and hearings as they see fit, the following matters and things:
(a)
Whether the statutory requirements preliminary to organization have been substantially complied with, which determination shall be reviewable only by an action in the nature of certiorari issuing out of the district court having jurisdiction and upon application therefor made within fifteen days of the date of determination by the board of county commissioners;
(b)
Fix the territorial extent and boundaries of such district and, in so doing, consider the petition upon which hearing is had, together with such petitions for inclusion within or exclusion from said district as are presented.
(2)
No lands shall be excluded from said district which are susceptible of irrigation from the source of water supply intended for the irrigation of the district and not more easily irrigable from another source, nor shall any lands be included within said district which are not susceptible of irrigation from the source of supply intended for the district, or which are already irrigated, or which can be more easily irrigated from another source.
(3)
Objection to such exclusions or inclusions, or the order fixing the territorial extent and boundaries of the district, shall be made in writing by the interested landowners, on or before such date of hearing or adjournment thereof, and an appeal from such adverse determination prosecuted to the district court of the county wherein such hearing is had, as in the case of appeals from disallowance of claims, insofar as applicable, within fifteen days from such determination. No such appeal having been prosecuted, the determination of the board of county commissioners shall be deemed conclusive on such points.
L. 21: p. 519, § 5. C.L. § 2061. CSA: C. 90, § 436. CRS 53: § 149-2-5. C.R.S. 1963: § 150-2-5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-106 - Notice of organization meeting and election

(1)
Immediately following the determination of the board of county commissioners, it shall call an organization meeting and election of such proposed irrigation district for the purpose of determining whether such irrigation district shall be organized, and if organized, for the election of officers. Notice of such meeting shall recite the name of the proposed irrigation district, shall describe the boundaries thereof as defined by the determination of the board of county commissioners, and shall state that the purposes of such meeting are to determine whether said district shall be organized and, if organized, to elect directors thereof until the first annual election. Said notice shall state the place of holding such meeting, which shall be at some convenient place in the county where the petition was filed, and the date and hour thereof. Said notice shall be published once each week for four weeks immediately preceding such meeting in a newspaper published within the county where the meeting will be held, or, if no such newspaper is published in such county, then notice shall be given by posting such notice at the courthouse in each county in which any portion of said district lies and also by posting such notice at three conspicuous places within said proposed district.
(2)
Repealed.
Amended by 2017 Ch. 16,§ 1, eff. 8/9/2017.
L. 21: p. 521, § 6. C.L. § 2062. CSA: C. 90, § 437. CRS 53: § 149-2-6. C.R.S. 1963: § 150-2-6. L. 2002: (2) amended, p. 8, § 1, effective March 5. L. 2017: (2) repealed, (HB 17-1030), ch. 16, p. 46, § 1, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-107 - Organization - meeting - voting

(1)
The board of county commissioners shall attend at the time and place of the meeting specified in section
37-42-106
and shall certify to the meeting a list of the landowners of the proposed district, taking no account of those who have prosecuted appeals from the order of the board of county commissioners fixing and determining boundaries, together with the number of acres within the proposed district, owned or represented by each, the total of which acreage, for the purposes of this meeting, shall be considered the total acres of the district. The board of county commissioners shall also act as a credentials committee of the meeting and shall decide and create a written certification regarding who are eligible voters at the meeting. The chair of the board shall preside at the meeting until temporary officers are elected from among those present.
(2)
The landowners shall organize such meeting by the selection from their own number of a chairman who shall preside at said meeting and a clerk who shall keep the minutes of the proceedings of such meeting and perform the duties generally performed by such officer.
(3)
The meeting having been so organized, a vote shall be taken by ballot to determine organization. The ballots cast shall contain the words "Irrigation District - Yes ...." and "Irrigation District - No ....", and shall have a cross marked opposite the words expressing the desire of the voter, together with the name and, if the vote is by proxy, both the name of the landowner and the person voting, and the number of votes cast, being the number of acres of the landowner within said proposed district.
(4)
The vote shall be publicly counted by tellers selected by the chairman, entered at length upon a tally sheet and checked with the list certified by the board of county commissioners, and shall be entered in detail in the minutes of the proceedings. If a majority of the total vote of the proposed district, as shown by the list certified by the board of county commissioners, is not found to have been cast in favor of organization, the meeting shall thereby stand adjourned and no further proceedings had upon the petition for organization or order of determination; but, if the majority of the total vote of the district as shown by said certified list is cast in favor of organization, the organization of the district shall be declared accomplished and record thereof entered in the minutes of the meeting, and the meeting shall proceed to the election of the directors of the district who shall hold office until the first annual election.
Amended by 2017 Ch. 16,§ 2, eff. 8/9/2017.
L. 21: p. 522, § 7. C.L. § 2063. CSA: C. 90, § 438. CRS 53: § 149-2-7. C.R.S. 1963: § 150-2-7. L. 2017: (1) amended, (HB 17-1030), ch. 16, p. 46, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-108 - Directors - election

(1)
The board of directors consists of three landowners of the district who are qualified to vote at district elections pursuant to section
37-42-112(2)
, including authorized agents, and who reside within the district. Directors hold their respective offices for the period of three years and until their successors are elected and qualified. They shall be elected by ballot upon public nominations made at the meeting at which they are elected, and each ballot must contain the name of the person for whom it is cast, the name of the voter or, if by proxy, the name of both landowner and proxy, and the number of votes cast. Each landowner may cast as many votes as he or she has acres of land within the district for each of three persons voted for.
(2)
At the first election to choose the first board of directors, the person having the highest number of votes shall continue in office for the full term of three years; the next highest two years; the next highest one year; but, if two or more persons have the same number of votes, their terms shall be determined by lot, under the direction of the county judge of the county wherein the organization of said district has been effected; and the person receiving the highest number of votes for any office to be filled at any such election is elected thereto. In case a vacancy occurs in the membership of the board of directors by death, resignation, or otherwise, the remaining members shall select a successor to serve out the unexpired term. If vacancies occur in the membership of all the places upon the board or if the board fails, neglects, or refuses at any regular meeting to fill a vacancy existing at such time, the board of county commissioners of the county wherein is situated the office of such district may fill such vacancies for the unexpired terms from the landowners of such district.
Amended by 2017 Ch. 16,§ 3, eff. 8/9/2017.
L. 21: p. 524, § 8. C.L. § 2064. CSA: C. 90, § 439. CRS 53: § 149-2-8. L. 57: p. 876, § 1. C.R.S. 1963: § 150-2-8. L. 2017: (1) amended, (HB 17-1030), ch. 16, p. 47, § 3, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-109 - Directors to file map

It is the duty of the board of directors to file for record in the office of the county clerk and recorder of each county wherein any part of an irrigation district lies a map of such district showing the boundaries thereof, together with a complete list of all lands within such county included within the organized area, and to file supplements of such lists from time to time as lands are excluded from or included within such district.
L. 21: p. 525, § 9. C.L. § 2065. CSA: C. 90, § 440. CRS 53: § 149-2-9. C.R.S. 1963: § 150-2-9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-111 - Meetings of directors - notice

The board of directors shall hold its regular meetings at least four times each year, which may be immediately following the general election and on the first Tuesday of April, July, and October of each year, or, in the alternative, at such other times as may be designated in the bylaws, rules, or regulations adopted by the board, and such special meetings as are called, on at least five days' notice, by a majority of the board. All special and regular meetings must be held where practicable within the district or, if not so practicable, within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the meeting location is within twenty miles of the district boundaries. The provisions of this section governing the location of meetings may be waived only if the proposed change of location of a meeting of the board appears on the agenda of a regular or special meeting of the board and if a resolution is adopted by the board stating the reason for which a meeting of the board is to be held in a location other than under this section and further stating the date, time, and place of the meeting. In calling special meetings, the call must state specifically the business to be transacted, and none other shall be considered, but, at regular meetings, any business that the board of directors may legally transact may be acted upon. A majority of all members of the board must concur in order to bind the district or the board in any matter. All board meetings must be public, except for executive sessions to discuss confidential matters and to receive legal advice on specific legal questions, and the records thereof, except confidential records, are open to general public inspection during business hours. Irrigation districts may define confidential records and matters subject to executive session in the bylaws, rules, or regulations using section
24-6-402(4)
as guidance.
Amended by 2017 Ch. 16,§ 5, eff. 8/9/2017.
L. 21: p. 527, § 11. C.L. § 2067. CSA: C. 90, § 442. CRS 53: § 149-2-11. C.R.S. 1963: § 150-2-11. L. 65: p. 1269, § 1. L. 90: Entire section amended, p. 1503, § 17, effective July 1. L. 2017: Entire section amended, (HB 17-1030), ch. 16, p. 48, § 5, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-114 - Landowners - definition - evidence of ownership

(1)
"Landowner", as used in this article 42, means an owner in fee of lands within the boundaries of any irrigation district organized or proposed to be organized, whether a resident or nonresident of the district, who or that is a citizen of, or an entity or arrangement created or organized within, the United States.
(2)
Where such landowner is under disability, or infancy, insanity, or otherwise, or the lands are held under administration, guardianship, conservatorship, receivership, or other similar proceeding, the administrator, executor, guardian, conservator, receiver, or other like officer shall be considered the "landowner" for the purposes of this article and, when authorized by the court having jurisdiction to do so, may act in that capacity in the formation, organization, operation, management, or dissolution of any irrigation district as any other landowner thereof.
(3)
For the purposes of this article 42, evidence of ownership is prima facie established by the certificate of the county assessor of the county wherein the lands involved are situated or by certificate of the register of the state board of land commissioners.
Amended by 2017 Ch. 16,§ 8, eff. 8/9/2017.
L. 21: p. 531, § 14. C.L. § 2070. CSA: C. 90, § 445. CRS 53: § 149-2-14. C.R.S. 1963: § 150-2-14. L. 2017: (1) and (3) amended, (HB 17-1030), ch. 16, p. 51, § 8, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-115 - Land board as landowner

(1)
The state board of land commissioners is hereby authorized to act in the capacity of landowner with reference to any lands under its management or control; except that no such lands under the control or management of the state board of land commissioners, or upon which less than two-thirds of the purchase price has been paid under contracts to purchase such lands, shall be included within any irrigation district organized under this article over the written objection of such state board of land commissioners, and upon opportunity given to offer such objection.
(2)
Any such lands when included within any irrigation district shall be subject to all the terms and provisions of this article for all purposes, and the state treasurer is authorized to pay assessments for district purposes upon such lands out of the proper funds, upon order of the state board of land commissioners.
L. 21: p. 532, § 15. C.L. § 2071. CSA: C. 90, § 446. CRS 53: § 149-2-15. C.R.S. 1963: § 150-2-15.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-116 - [Repealed]

L. 21: p. 532, § 16. C.L. § 2072. CSA: C. 90, § 447. CRS 53: § 149-2-16. C.R.S. 1963: § 150-2-16. L. 68: p. 130, § 143. L. 88: (1) amended, p. 419, § 15, effective April 11. L. 91: Entire section repealed, p. 886, § 10, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-117 - Directors to adopt plans

(1)
The board of directors of any irrigation district organized under this article, as soon as organized, shall adopt a definite and complete plan for carrying out the purposes of its organization, which plan shall include a definite means for the irrigation or reclamation of the lands included within such area, as well as the plans proposed for financing such undertaking. This plan shall be set out at length in the record of the proceedings of the board of directors.
(2) and (3)
(Deleted by amendment, L. 91, p. 893, § 24, effective June 5, 1991.)
L. 21: p. 533, § 17. C.L. § 2073. CSA: C. 90, § 448. CRS 53: § 149-2-17. C.R.S. 1963: § 150-2-17. L. 91: Entire section amended, p. 893, § 24, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-119 - [Repealed]

L. 21: p. 536, § 19. C.L. § 2075. CSA: C. 90, § 450. CRS 53: § 149-2-19. C.R.S. 1963: § 150-2-19. L. 89: (1) amended, p. 1132, § 74, effective July 1. L. 91: Entire section repealed, p. 886, § 11, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-120 - Additional bonds

If, after the issuance and sale of a series of bonds under this article, it becomes necessary to authorize an additional issue or series of bonds, the same may be authorized and sold in like manner and in accordance with the provisions of this article as to a first issue of bonds but shall be subject to said first issue.
L. 21: p. 537, § 20. C.L. § 2076. CSA: C. 90, § 451. CRS 53: § 149-2-20. C.R.S. 1963: § 150-2-20. L. 91: Entire section amended, p. 894, § 26, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-121 - Sale of bonds - notice

The board of directors may sell bonds so authorized and issued from time to time as may be necessary for district purposes, having first by resolution declared its intention to do so and having appointed a day and hour therefor. Notice of such sale shall be given by publishing the same for twenty days in a daily newspaper published in the city of Denver, Colorado, and in such other newspapers as the board may designate. The notice shall state the time and place at which sealed bids shall be received to purchase such bonds as shall be offered, and sale shall be made to the highest responsible bidder; except that the board may reject all offers and refuse to sell in case no responsible bid is received for ninety-five cents or more on the dollar.
L. 21: p. 537, § 21. C.L. § 2077. CSA: C. 90, § 452. CRS 53: § 149-2-21. C.R.S. 1963: § 150-2-21.
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) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-122 - Bonds - assessments

Such bonds and the interest thereon, and all payments due or to become due to the United States under any contract between the district and the United States, which bonds of the district have not been deposited with the United States, shall be paid solely by revenue derived from an annual assessment upon the lands lying within and forming a part of said district, and said lands within said district shall be and remain liable to be assessed for such payments as provided in section
37-42-126
. Public lands of the United States within any district shall be subject to taxation for all purposes of this article to the extent provided by the act of congress approved August 11, 1916, upon full compliance therewith by the district.
L. 21: p. 538, § 22. C.L. § 2078. CSA: C. 90, § 453. CRS 53: § 149-2-22. C.R.S. 1963: § 150-2-22.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-123 - Rescission of action authorizing bonds

If the landowners of an irrigation district desire to rescind their action authorizing an issue of bonds, they may do so as to any such entire issue remaining unsold in the hands of the board of directors in the same manner as such issue was authorized and upon an affirmative vote of the majority of the total voting strength of the district, whereupon the board of directors shall cancel or destroy said bonds and shall enter that fact, reciting the numbers of such bonds so canceled or destroyed, in the minutes of their proceedings.
L. 21: p. 538, § 23. C.L. § 2079. CSA: C. 90, § 454. CRS 53: § 149-2-23. C.R.S. 1963: § 150-2-23. L. 91: Entire section amended, p. 894, § 27, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-124 - Construction of works - bids - notice - contract - bond

(1)
After a plan for construction of irrigation or other works has been adopted and approved as provided in section
37-42-117
, and funds provided therefor, the board of directors shall call for bids for the construction of the whole or any part thereof. The notice shall be published for four weeks in such papers as the board shall designate as best suited to give widest publicity, and shall set forth that plans and specifications can be seen at the office of the district, that sealed bids for such construction will be received, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening such bids, which, at such time and place, shall be opened in public. Within ten days from the opening of such bids, the board shall let said contract, in whole or in part, to the lowest responsible bidder, or may reject any or all of said bids and readvertise for other bids, or may proceed to construct such works under the superintendence of the officers and employees of the district. Any person to whom a contract is let under this article shall enter into a bond with good and sufficient sureties to be approved by the board, payable to such district for its use in not less than twenty-five percent of the amount stated in said contract, conditioned for the faithful performance of such contract.
(2)
All preliminary engineering and construction work shall be done under the direction of a competent irrigation engineer, and shall be approved by the state engineer of Colorado; except that this section shall not apply in the case of any contract between the district and the United States.
L. 21: p. 539, § 24. C.L. § 2080. CSA: C. 90, § 455. CRS 53: § 149-2-24. C.R.S. 1963: § 150-2-24.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-125 - Fiscal year - appropriation resolution

(1)
The fiscal year of each irrigation district in this state shall commence on January 1 in each year. It is the duty of the board of directors, in accordance with the schedule prescribed by section
39-5-128
, C.R.S., to determine the amount of money required to meet the maintenance, operating, and current expenses for the ensuing fiscal year and to certify said amount by resolution to the board of county commissioners of the county in which the office of the district is located, together with such additional amounts as may be necessary to meet any deficiency in the payment of said expenses theretofore incurred. The board of directors may fix the amount payable for any tract containing one acre or less and, if so, similarly shall certify this amount to the board of county commissioners. The board of directors shall also fix the amount payable by each tract within any district with which the United States has made a contract and shall certify the same to the board of county commissioners.
(2)
The amount so fixed shall be in accordance with the federal reclamation laws and the public notices, orders, and regulations issued thereunder and shall be in compliance with any contracts made by the United States with any owners of said lands and in compliance further with the contracts between the district and the United States. The resolution shall be termed the annual appropriation resolution for the next fiscal year, and any debt or liability incurred or warrant issued in excess of the amount therein stated shall be absolutely void, except upon express authority conferred by the landowners at a general or special election.
(3)
The annual appropriation resolution described in subsection (2) of this section must include the amount of money needed to meet loan obligations and all amounts payable by landowners to the irrigation district in accordance with loans issued to the landowners pursuant to section
37-42-113(5)
and shall indicate the amount payable by each tract within the irrigation district for which a landowner has received a loan.
Amended by 2022 Ch. 84,§2, eff. 8/10/2022.
L. 21: p. 539, § 25. C.L. § 2081. CSA: C. 90, § 456. CRS 53: § 149-2-35. L. 63: p. 1003, § 4. C.R.S. 1963: § 150-2-25. L. 77: (1) amended, p. 1515, § 85, effective July 15.
2022 Ch. 84, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-126 - Assessment of lands - valuation

(1)
It is the duty of the county assessor of any county embracing the whole or a part of any irrigation district to assess and enter upon his records as assessor in its appropriate columns the assessment of all lands, including public lands subject to assessment under the congressional act of August 11, 1916, exclusive of improvements, situate, lying, and being within any irrigation district in whole or in part of such county. Immediately after said assessment has been extended as provided by law, the assessor shall make returns of the total amount of such assessment to the board of county commissioners of the county in which the office of said district is located.
(2)
All lands within the district for the purpose of taxation under this article shall be valued by the assessor at the same rate per acre; except that in no case shall any land be taxed, or subject to taxation, for irrigation district purposes under this article, or under any other or former law relative to irrigation districts, which by reason of location, or the broken uneven surface, or unsuitable character or quality of the soil is unsuitable for irrigation and cultivation, or which, from any natural cause is not capable of irrigation and cultivation, except at a financial loss, nor shall tracts of land of one acre or less be taxed for irrigation purposes if the board of directors of the irrigation district has fixed an amount payable for each of such tracts. If the amount of water available from the water system of the irrigation district is wholly insufficient for the successful growing and maturing of crops on the entire acreage of lands within the district and susceptible of irrigation therefrom, that fact may be alleged and, upon proof, shall entitle the owner of lands that have never been cultivated and irrigated from the water system of such irrigation district to the relief provided for in this article.
(3)
Where a contract is entered into between the United States and an irrigation district organized under this article providing for the payment of charges at an unequal rate per acre, district land so affected shall not be valued by the county assessor under the foregoing provision of this section, but in such case the county assessor shall assess such district land in accordance with the certificate provided for in section
37-42-125
and in compliance with the terms of such contract between the United States and the district.
L. 21: p. 540, § 26. C.L. § 2082. L. 25: p. 326, § 1. CSA: C. 90, § 457. CRS 53: § 149-2-26. L. 63: p. 1004, § 5. C.R.S. 1963: § 150-2-26.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-127 - Levy to pay interest and expenses

(1)
It is the duty of the board of county commissioners of the county in which the office of any irrigation district is located, immediately upon receipt of the returns of the total assessment of said district and upon the receipt of the certificates of the board of directors certifying the total amount of money required to be raised as provided in section
37-42-125
, to fix the rate of levy necessary to provide the amount of money required to pay the interest and principal of the bonds of said district as the same becomes due; also, to fix the rate necessary to provide the amount of money required for any other purposes provided in this article which are to be raised by the levy of assessments upon the real property of said district; and to certify said respective rates to the board of county commissioners of each county embracing any portion of said district. The rate of levy necessary to raise the required amount of money on the valuation for assessment of the property of said district shall be increased fifteen percent to cover delinquencies.
(2)
For the purposes of said district, it is the duty of the board of county commissioners of each county in which any irrigation district is located, in whole or in part, at the time of making levy for county purposes, to make a levy, at the rates above specified, upon all lands in said district within their respective counties and, in case of contract with the United States, in the amounts and on the tracts as fixed and certified by the board of directors. If the board of directors of an irrigation district has certified the amount payable for any tract of one acre or less, it is the duty of the board of county commissioners of each county in which the irrigation district is located, in whole or in part, also to levy such amount against each of such tracts. All taxes levied under this article are special taxes.
L. 21: p. 541, § 27. C.L. § 2083. CSA: C. 90, § 458. CRS 53: § 149-2-27. L. 63: p. 1005, § 6. C.R.S. 1963: § 150-2-27.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-129 - [Repealed]

Repealed by 2017 Ch. 16,§10, eff. 8/9/2017.
L. 21: p. 545, § 29. C.L. § 2085. CSA: C. 90, § 460. CRS 53: § 149-2-29. C.R.S. 1963: § 150-2-29. L. 71: p. 1217, § 17. L. 73: p. 1531, § 2. L. 2017: Entire section repealed, (HB 17-1030), ch. 16, p. 52, § 10, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-130 - Call of bonds - surplus fund

If bonds are issued which are subject to redemption prior to maturity, and if, after the payment of all coupons and bonds due in any fiscal year, it is found that the bond fund of an irrigation district contains an amount of money sufficient therefor, it is the duty of the district treasurer to call such bonds as first become due and payable and to retire such indebtedness. Call shall be made by registered mail, addressed to the holder of such bonds so called at his address of record, giving the number of the bonds called, and notifying the holder thereof, that upon presentation of such bonds with all future due coupons attached, they shall be redeemed at their face value, with interest to date of call. When any bond has been so called, such fact shall be noted upon the bond register of the district treasurer, and money in the amount of its face, with interest to date of call, shall be set aside for its payment from the bond fund, and no coupons upon such bond maturing at a date later than the date of such call shall be paid. If money remains in or is paid into the bond fund after final liquidation of all bonded indebtedness, such money shall be transferred to the general fund by the treasurer of the district.
L. 21: p. 546, § 30. C.L. § 2086. L. 27: p. 457, § 2. CSA: C. 90, § 461. CRS 53: § 149-2-30. C.R.S. 1963: § 150-2-30.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-131 - Payment of general expenses

(1)
Repealed.
(2)
(a)
For the purposes of defraying the expenses of the organization of the district and the care, operation, management, repair, and improvement of all canals, ditches, reservoirs, and works, including salaries of officers and employees, the board may:
(I)
Fix rates of tolls and charges and collect them from all persons using the district's structures or water for irrigation or other purposes;
(II)
Provide, in whole or in part, for the payment of the expenditures specified in this subsection (2)(a) by levy of assessments therefor, as provided in section
37-42-126
; or
(III)
Both fix tolls and levy assessments.
(b)
If the money raised by the sale of bonds issued is insufficient and if bonds are unavailable for the completion of the plans of works adopted, the board of directors shall provide for the completion of the plans by levy of an assessment therefor in the same manner in which levies of assessments are made for other purposes.
Amended by 2017 Ch. 16,§ 11, eff. 8/9/2017.
L. 21: p. 547, § 31. C.L. § 2087. CSA: C. 90, § 462. CRS 53: § 149-2-31. C.R.S. 1963: § 150-2-31. L. 2017: (1) repealed and (2) amended, (HB 17-1030), ch. 16, p. 53, § 11, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-132 - Relief from bonded indebtedness

(1)
At any time after the expiration of two years from the date of the issuance of any bonds under this article, any landowner may relieve his lands from the burden of such bonded indebtedness in the following manner: He shall pay to the district treasurer an amount of money sufficient to retire district bonds in such ratio to the total bonded indebtedness of the district as the acreage of lands which he owns within such district bears to the total acreage thereof, subject to such bonded indebtedness, plus fifteen percent; except that, where such district may have outstanding more than one issue of bonds, the bonds of any one issue may be thus retired without reference to other issues; and where such payment is insufficient to furnish money to retire an entire bond, such landowner shall pay such further sum as shall be required to retire an entire bond, and the treasurer shall issue to him a lien bond in a denomination representing such excess payment, bearing the same serial number, of like terms, and with the same rate of interest as the bond of the last serial number so retired.
(2)
The treasurer shall thereupon issue to such landowner his official receipt in duplicate, one of which receipts shall be filed with the secretary of such irrigation district and one filed for record in the office of the county clerk and recorder of the county wherein the lands involved are situated. From and after the filing, such lands shall be free and clear from any and all liens, levies, and assessments of such bonded indebtedness for which such payment was made; except that, in the case of a contract with the United States, the provisions of this section shall not apply, but, in such case, the real property of the district shall be and remain liable to be assessed for all payments provided for in such contract with the United States until the obligations under such contract have been paid.
L. 21: p. 548, § 32. C.L. § 2088. CSA: C. 90, § 463. CRS 53: § 149-2-32. C.R.S. 1963: § 150-2-32. L. 91: (2) amended, p. 895, § 28, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-134 - Inclusion of land in district

(1)
Landowners representing a majority of the acreage of any tracts of land susceptible of irrigation from the system of any irrigation district already organized may present their petition to the board of directors of such irrigation district, praying that such lands be included within the district. Such petition shall describe each tract of land sought to be included within such district and give the name of the owner thereof. It shall be accompanied by a map prepared by a competent civil engineer, showing the proposed method of irrigation of the land involved and the susceptibility of its irrigation from the system of such district. Upon the filing of such petition, it is the duty of the secretary of such district to cause notice thereof to be published, at the expense of such petitioners, once each week for three successive weeks in a newspaper designated by the board and of general circulation within such district and to set said petition down for hearing before the board at its next regular meeting after the last of such publications.
(2)
At the date set for hearing, such board shall proceed to hear said petition and any objections thereto that have been offered in writing by any landowner of the district or other interested person and may allow or reject said petition in whole or in part in its discretion. As a condition precedent to the granting of such petition, the board of directors shall require the payment into the bond fund of such amount, as nearly as the same can be estimated, as such land as is included by its order would have been assessed on account of such fund if it had been in such district from the date of its organization and, in addition, may require such further payments as it considers just and equitable to be paid into the general fund; but, in case any unentered public land is so included within any irrigation district, such payment shall be assessed against such lands on the records of the district and collected in the manner authorized by the act of congress of August 11, 1916.
(3)
In case a contract has been made between the district and the United States, no change shall be made in the boundaries of the district unless the secretary of the interior assents thereto in writing and such assent is filed with the board of directors. Upon such assent any lands excluded from the district shall be discharged from all liens in favor of the United States under a contract with the United States.
L. 21: p. 550, § 34. C.L. § 2090. CSA: C. 90, § 465. CRS 53: § 149-2-34. C.R.S. 1963: § 150-2-34. L. 91: (1) and (2) amended, p. 895, § 29, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-135 - District to lease surplus water

Whenever any irrigation district organized under this article 42 acquires water in excess of its own needs or becomes the owner of water or rights capable of use for other purposes than those for which it was organized, without impairing or injuring such use, it may lease the water or rights for use within or without the district for any beneficial use permitted by decree or applicable law, upon affirmative vote of the board of directors authorizing the lease, and the rentals derived from the lease shall be paid into the general fund of the district. At its option the board of directors may cancel any lease upon which any rental is past due and unpaid.
Amended by 2017 Ch. 16,§ 12, eff. 8/9/2017.
L. 21: p. 552, § 35. C.L. § 2091. CSA: C. 90, § 466. CRS 53: § 149-2-35. C.R.S. 1963: § 150-2-35. L. 2017: Entire section amended, (HB 17-1030), ch. 16, p. 53, § 12, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-136 - Drainage of lands - surveys

The board of directors of any irrigation district may cause surveys, maps, estimates of cost, and a report of feasibility to be made looking to the drainage of the whole or any part of an irrigation district which may have become, or threatens to become, seeped or too wet or which requires drainage for profitable cultivation. Such surveys, maps, estimates, and report shall be filed in the office of the district, and such matters shall be submitted to the landowners at a general or special election held not less than sixty days from the date of the filing of such documents. If the landowners express their approval of such drainage undertaking by affirmative vote of a majority of the votes cast at such election, the district may proceed to do such drainage work and shall have like powers with reference thereto, including the levying of an assessment or the issuing of bonds, to defray the expense thereof.
L. 21: p. 552, § 36. C.L. § 2092. CSA: C. 90, § 467. CRS 53: § 149-2-36. C.R.S. 1963: § 150-2-36. L. 91: Entire section amended, p. 896, § 30, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 42 - IRRIGATION DISTRICT LAW OF 1921 (§§ 37-42-101 — 37-42-141) › Section 37-42-137 - Sale of surplus water - proceeds

The board of directors may sell property or assets of the district not needed for district use nor essential to its operation from time to time as it directs and upon such notice as it designates, and shall cause the proceeds thereof to be placed in the bond fund or United States contract fund of the district. If the district has no bonded or United States contract indebtedness, then the proceeds shall be placed in the general fund.
Amended by 2017 Ch. 16,§ 13, eff. 8/9/2017.
L. 21: p. 553, § 37. C.L. § 2093. CSA: C. 90, § 468. CRS 53: § 149-2-37. C.R.S. 1963: § 150-2-37. L. 2017: Entire section amended, (HB 17-1030), ch. 16, p. 54, § 13, effective August 9.