reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 40 - CORPORATIONS NOT FOR PROFIT (§§ 7-40-101 — 7-40-113) › Section 7-40-113 - [Repealed]

L. 59: p. 324, § 1. CRS 53: § 31-20-19. C.R.S. 1963: § 31-19-13. L. 2003: Entire section amended, p. 2205, § 13, effective 7/1/2004. L. 2004: Entire section repealed, p. 1402, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 41 - [Repealed] TELEGRAPH COMPANIES (§ 7-41-101) › Section 7-41-101 - to 7-41-104 - [Repealed]

L. 95: Entire article repealed, p. 192, § 3, effective April 13.
This article was numbered as article 13 of chapter 31, C.R.S. 1963.
For current information relating to telegraph messages, see § 18-9-306 .
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-102 - Work after organization

(1)
Any corporation formed under the provisions of law for the purpose of constructing any ditch, flume, bridge, ferry, or telegraph line, within ninety days from the effective date of its articles of incorporation, shall commence work on such ditch, flume, bridge, ferry, or telegraph line, as shall be named in the articles, and shall complete the work with due diligence. The time of the completion of any such ditch, bridge, ferry, or telegraph line shall not be extended beyond a period of two years from the time work was commenced.
(2)
Any corporation failing to commence work within ninety days after the effective date of the articles of incorporation, or failing to complete the same within two years after the time of commencement, shall forfeit all right to the water so claimed, and the same shall be subject to be claimed by any other company. The time for the completion of any flume constructed under the provisions of law shall not be extended beyond a period of four years.
(3)
This section shall not apply to any ditch or flume for mining or other purposes constructed through and upon any grounds owned by the corporation. Any company formed to construct a ditch for domestic, agricultural, irrigating, milling, and manufacturing purposes or any of them shall have three years from the time of commencing work thereon within which to complete the same but no longer.
G.L. § 296. G.S. § 314. R.S. 08: § 989. C.L. § 2354. CSA: C. 41, § 142. CRS 53: § 31-14-2. C.R.S. 1963: § 31-14-2. L. 2008: (1) and (2) amended, p. 22, § 11, effective August 5.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-103 - Right-of-way

Any ditch, reservoir, or pipeline corporation formed under the provisions of law shall have the right-of-way over the line named in the articles of incorporation, and shall also have the right to run water from the stream, channel, or water source, whether natural or artificial, named in the articles through its ditch or pipeline, and store the same in any reservoir of the company when not needed for immediate use. The line proposed shall not interfere with any other ditch, pipeline, or reservoir having prior rights, except the right to cross by pipe or flume; nor shall the water of any stream, channel, or other water course, whether natural or artificial, be diverted from its original channel or source to the detriment of any person or persons having priority of right thereto, but this shall not be construed to prevent the appropriation and use of any water not utilized and applied to beneficial uses.
G.L. § 275. G.S. § 309. L. 1891: p. 98, § 2. R.S. 08: § 990. C.L. § 2355. CSA: C. 41, § 143. CRS 53: § 31-14-3. C.R.S. 1963: § 31-14-3. L. 2008: Entire section amended, p. 22, § 12, effective August 5.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-105 - Right to purchase own stock

(1)
It is lawful for any corporation owning any ditch or canal for conveying or reservoir for storing water for irrigation purposes for its stockholders to purchase and acquire any of its outstanding capital stock, but no purchase of or payment for its own shares shall be made at a time when the purchase or payment would make it insolvent.
(2)
Any sale, exchange, lease, or other disposition of any part or all of the business, assets, property, or franchise of any such corporation to any conservancy district, irrigation district, or to the United States or any agency of the United States shall be deemed to be in the usual course of the corporation's business.
L. 21: p. 212, § 1. C.L. § 2357. CSA: C. 41, § 145. CRS 53: § 31-14-5. C.R.S. 1963: § 31-14-5. L. 67: p. 312, § 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-106 - Assessments to pay purchase price

When any such stock has been purchased or contract entered into for the purchase of the same, the corporation shall have the power to use its funds and to levy and collect assessments on the remaining outstanding capital stock in the manner provided by law for the payment of any other indebtedness, for the purpose of paying the purchase price of the stock so purchased.
L. 21: p. 212, § 2. C.L. § 2358. CSA: C. 41, § 146. CRS 53: § 31-14-6. C.R.S. 1963: § 31-14-6.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-107 - Shall furnish water to whom - rate

Any corporation constructing a ditch under the provisions of law shall furnish water to the class of persons using the water in the way named in the articles of incorporation, in the way the water is designated to be used, whether to miners, millmen, farmers, or for domestic use, whenever it has water in its ditch unsold, and it shall at all times give the preference to use of the water in said ditch to the class named in the articles. The rates at which water shall be furnished are to be fixed by the board of county commissioners as soon as the ditch is completed and prepared to furnish water.
G.L. § 277. G.S. § 311. R.S. 08: § 992. C.L. § 2359. CSA: C. 41, § 147. CRS 53: § 31-14-7. C.R.S. 1963: § 31-14-7. L. 2008: Entire section amended, p. 22, § 13, effective August 5.
For the duty of county commissioners to fix rates for water, see Colo. Const., art. XVI, § 8; for the right to continue purchasing water, see § 37-85-102 et seq.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-108 - Shall keep ditch in repair

Every ditch corporation formed under the provisions of law shall be required to keep its ditch in good condition so that the water shall not be allowed to escape from the same to the injury of any mining claim, road, ditch, or other property. If it is necessary to convey any ditch over, across, or above any lode or mining claim or to keep the water so conveyed therefrom, the corporation, if necessary to keep the water of the ditch out or from any claim, shall flume the ditch so far as necessary to protect the claim or property from the water of said ditch.
G.L. § 278. G.S. § 312. R.S. 08: § 993. C.L. § 2360. CSA: C. 41, § 148. CRS 53: § 31-14-8. C.R.S. 1963: § 31-14-8. L. 2003: Entire section amended, p. 2206, § 15, effective 7/1/2004.
For the duty to maintain ditch in good repair, see § 37-84-119 ; for the duty to keep embankments in repair, see §§ 37-84-101 and 37-84-107 .
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-109 - Penalty for damage

Any person who willfully or maliciously damages or interferes with any road, ditch, flume, bridge, ferry, railroad, or telegraph line or any of the fixtures, tools, implements, appurtenances, or property of any corporation that is formed under the provisions of law commits a class 2 misdemeanor. Any such fine shall be paid into the county treasury, and the offender shall also pay all damages that any such corporation sustains, together with costs of suit.
Amended by 2021 Ch. 462, § 70, eff. 3/1/2022.
G.L. § 297. G.S. § 315. R.S. 08: § 994. C.L. § 2361. CSA: C. 41, § 149. CRS 53: § 31-14-9. C.R.S. 1963: § 31-14-9. L. 2003: Entire section amended, p. 2206, § 16, effective 7/1/2004.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
For the penalty for damaging a ditch or flume, see § 37-89-101 .
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-110 - [Repealed]

L. 1876: p. 68, § 1. G.L. omitted. G.S. § 313. R.S. 08: § 995. C.L. § 2362. CSA: C. 41, § 150. CRS 53: § 31-14-10. C.R.S. 1963: § 31-14-10. L. 2002: Entire section amended, p. 1811, § 6, effective July 1; entire section amended, p. 1675, § 4, effective October 1. L. 2003: (2) added by revision, pp. 2356, 2357, §§ 347, 348.
Subsection (2) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, pp. 2356, 2357.)
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-111 - Extension of term

When the term of years for which any corporation has been incorporated as a ditch company for the purpose of carrying water for irrigation purposes or as a reservoir company for the storage of water for irrigation purposes has expired or is about to expire by lawful limitation, and such corporation has not been administered upon as an expired corporation or gone into liquidation and settlement and division of its affairs, it may have its term of incorporation extended and continued the same as if originally incorporated, as provided in section
7-42-112
.
L. 1891: p. 96, § 1. R.S. 08: § 996. C.L. § 2363. CSA: C. 41, § 151. CRS 53: § 31-14-11. C.R.S. 1963: § 31-14-11.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-112 - Procedure to extend term

(1)
Whenever the corporate life of any such ditch or reservoir company has expired or is about to expire, the stockholders may vote upon the question of extending the life of such company for another twenty years, or for any other term provided by statute, by first giving notice of such intention by publication for two successive weeks in the newspaper printed nearest the place where the principal operations of said company are carried on. Such notice shall be signed by stockholders owning at least ten percent of the entire capital stock of said company, and shall state the place where and the time when the question of renewal shall be submitted to the votes of the stockholders of said company at the meeting held in pursuance of such notice, if a majority of the stock of the corporation is represented.
(2)
The votes shall be taken by ballot, and each stockholder shall be entitled to as many votes as the stockholder owns shares of stock in the company or holds proxies therefor. If a majority of the votes cast is in favor of a renewal of the corporation, the president and secretary of the company, under the corporate seal of the company, shall certify the fact, and shall make as many certificates as may be necessary. The company shall record one certificate in the office of the recorder of deeds in each county in which the company does business and shall deliver to the secretary of state for filing pursuant to part 3 of article
90
of this title a statement of extension of term that states that the term of the company has been extended, the principal office address of the company, and the registered agent name and registered agent address of the company. The corporate life of the company shall be renewed upon such recording and filing of the declaration, and all stockholders shall have the same rights in the renewed corporation as they had in the company as originally formed.
L. 1891: p. 96, § 2. R.S. 08: § 997. C.L. § 2364. L. 31: p. 247, § 21. CSA: C. 41, § 152. CRS 53: § 31-14-12. C.R.S. 1963: § 31-14-12. L. 83: (2) amended, p. 870, § 21, effective July 1. L. 2002: (2) amended, p. 1811, § 7, effective July 1; (2) amended, p. 1676, § 5, effective October 1. L. 2003: (2) amended, p. 2206, § 17, effective 7/1/2004. L. 2004: (2) amended, p. 1402, § 9, effective July 1. L. 2009: (2) amended, (HB 09 -1248), ch. 252, p. 1128, § 1, effective December 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-113 - Duplicate certificate issued - when

Any owner of capital stock, as shown by the records of a corporation formed under the law of this state, entitling the stockholder to the services of a ditch or to the use of water subject to the payment of assessments, the legal representative or assignee of any such stockholder, or any lienholder named in the books of the corporation as a lienholder on the lost certificate, whose stock certificate has been lost, mislaid, or destroyed, may have a duplicate certificate issued in accordance with sections
7-42-114
to
7-42-117
.
L. 51: p. 278, § 1. CSA: C. 41, § 152(1). CRS 53: § 31-14-13. C.R.S. 1963: § 31-14-13. L. 2003: Entire section amended, p. 2207, § 18, effective 7/1/2004. L. 2012: Entire section amended, (HB 12-1010), ch. 12, p. 30, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-114 - Statement of loss

If a certificate of capital stock has been lost, mislaid, or destroyed, and the stockholder, legal representative, or assignee has paid all assessments levied by the corporation against the stock, the stockholder, the stockholder's legal representative or assignee, and any lienholder named in the books of the corporation as a lienholder on the lost certificate may file with the secretary of the corporation a statement under oath that the certificate of stock has been lost, mislaid, or destroyed and that the certificate is the property of the person making the statement and has not been transferred or hypothecated by the stockholder, and demand the issuance of a duplicate certificate in accordance with this section and sections
7-42-115
to
7-42-117
.
L. 51: p. 278, § 2. CSA: C. 41, § 152(2). CRS 53: § 31-14-14. C.R.S. 1963: § 31-14-14. L. 2004: Entire section amended, p. 1402, § 10, effective July 1. L. 2012: Entire section amended, (HB 12-1010), ch. 12, p. 30, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-115 - Publication of notice of demand

Upon receipt of a demand pursuant to section
7-42-114
, the corporation shall publish, at the expense of the person making the demand, at least once a week for five successive weeks, the fifth publication being on the twenty-eighth day after the first publication, in a newspaper of general circulation in the county in which the principal office of the corporation is located or, if there is no newspaper in such county, then in such a newspaper of an adjoining county, a notice that such a demand has been filed with the corporation in accordance with sections
7-42-114
to
7-42-117
, stating the demand in full and stating that the corporation will issue, on or after a date therein stated, following the last publication of the notice by at least thirty days, a duplicate certificate to the registered owner, the registered owner's legal representative or assignee, or any lienholder named in the books of the corporation as a lienholder on the lost certificate unless a contrary claim is filed with the corporation prior to the date stated in the notice.
L. 51: p. 278, § 3. CSA: C. 41, § 152(3). CRS 53: § 31-14-15. C.R.S. 1963: § 31-14-15. L. 2003: Entire section amended, p. 2207, § 19, effective 7/1/2004. L. 2004: Entire section amended, p. 1403, § 11, effective July 1. L. 2012: Entire section amended, (HB 12-1010), ch. 12, p. 31, § 3, effective August 8.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-116 - Duplicate conclusive against original

If no claim of interest or ownership other than that made by the person filing a notice pursuant to section
7-42-114
or such person's legal representative or assignee is on file in the records of the secretary of the corporation prior to the date stated in the notice, the corporation shall issue, on or after said date, a duplicate certificate to the person, the person's legal representative or assignee, or any lienholder named in the books of the corporation as a lienholder on the lost certificate. All rights under the original certificate shall immediately cease and no person shall at any time thereafter assert any claim or demand against the corporation or any other person on account of the original certificate.
L. 51: p. 279, § 4. CSA: C. 41, § 152(4). CRS 53: § 31-14-16. C.R.S. 1963: § 31-14-16. L. 2002: Entire section amended, p. 1812, § 8, effective July 1; entire section amended, p. 1676, § 6, effective October 1. L. 2003: Entire section amended, p. 2207, § 20, effective 7/1/2004. L. 2004: Entire section amended, p. 1403, § 12, effective July 1. L. 2012: Entire section amended, (HB 12-1010), ch. 12, p. 31, § 4, effective August 8.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-117 - Proof of right to certificate

The corporation may require any legal representative or assignee of a stockholder of record to prove the stockholder's legal right to such certificate as a legal representative or assignee of the stockholder of record. The corporation may require any lienholder named in the books of the corporation as a lienholder on the lost certificate to prove the lienholder's legal right to such certificate.
L. 51: p. 279, § 5. CSA: C. 41, § 152(5). CRS 53: § 31-14-17. C.R.S. 1963: § 31-14-17. L. 2004: Entire section amended, p. 1403, § 13, effective July 1. L. 2012: Entire section amended, (HB 12-1010), ch. 12, p. 31, § 5, effective August 8.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 42 - DITCH AND RESERVOIR COMPANIES (§§ 7-42-101 — 7-42-118) › Section 7-42-118 - Liability of stockholders, directors, and officers

Stockholders, directors, and officers of corporations formed under the provisions of this article shall enjoy the same measure of immunity from liability for corporate acts or omissions as stockholders, directors, and officers of corporations formed under the "Colorado Business Corporation Act", articles
101
to
117
of this title, or as members, directors, and officers of nonprofit corporations formed under the "Colorado Revised Nonprofit Corporation Act", articles
121
to
137
of this title.
L. 86: Entire section added, p. 1092, § 2, effective May 16. L. 93: Entire section amended, p. 855, § 8, effective 7/1/1994. L. 97: Entire section amended, p. 756, § 9, effective 7/1/1998.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 43 - FLUME AND PIPELINE COMPANIES (§§ 7-43-101 — 7-43-103) › Section 7-43-101 - [Repealed]

G.L. § 279. G.S. § 316. R.S. 08: § 998. C.L. § 2365. CSA: C. 41, § 153. CRS 53: § 31-15-1. C.R.S. 1963: § 31-15-1. L. 69: p. 218, § 1. L. 96: Entire section repealed, p. 554, § 2, effective April 24.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 43 - FLUME AND PIPELINE COMPANIES (§§ 7-43-101 — 7-43-103) › Section 7-43-102 - Certificate for pipeline companies

Whenever any three or more persons associate under the provisions of law to form a corporation for the purpose of constructing a pipeline for the conveyance of gas, water, or oil, they, in the articles of incorporation, in addition to the matters otherwise required, shall state the places from and to which it is intended to construct the proposed line. Any pipeline corporation formed under the provisions of law shall have the right-of-way over the line named in the articles and shall also have the right to convey gas, water, or oil by said line, as stated in the articles, through lands of the state of Colorado and lands of any persons, and to erect pump stations, storage tanks, and other buildings necessary for such business. If a corporation is unable to agree with the persons owning any of the lands for the purchase of any real estate required for the purpose of any such corporation or company, or the transaction of the business of the same, or for right-of-way, or any other lawful purpose connected with or necessary to the operation of said company, the corporation may acquire such title in the manner provided by law.
L. 1891: p. 94, § 1. R.S. 08: § 999. C.L. § 2366. CSA: C. 41, § 154. CRS 53: § 31-15-2. C.R.S. 1963: § 31-15-2. L. 69: p. 218, § 2. L. 2003: Entire section amended, p. 2207, § 21, effective 7/1/2004. L. 2008: Entire section amended, p. 22, § 14, effective August 5.
For the power of pipeline companies to exercise the power of eminent domain, see § 38-2-101 ; for pipeline company rights-of-way, see § 38-4-102 .
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 43 - FLUME AND PIPELINE COMPANIES (§§ 7-43-101 — 7-43-103) › Section 7-43-103 - Nonprofit corporations - powers

A nonprofit corporation subject to the "Colorado Revised Nonprofit Corporation Act", articles
121
to
137
of this title, shall have all of the rights and powers granted by this article to the extent not inconsistent with said act, if such nonprofit corporation otherwise complies with the terms and provisions of this article.
L. 67: p. 657, § 6. C.R.S. 1963: § 31-15-3. L. 97: Entire section amended, p. 756, § 10, effective 7/1/1998.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 44 - WATER USERS' ASSOCIATIONS (§§ 7-44-101 — 7-44-107) › Section 7-44-101 - Tax exemptions - fees

Any water users' association that is organized in conformity with the requirements of the United States under the reclamation act of June 17, 1902, and that, under its articles of incorporation, is authorized to furnish water only to its stockholders, shall be exempt from the payment of any income tax and from the payment of any annual franchise tax but shall be required to pay, as preliminary to its incorporation, a fee that shall be determined and collected pursuant to section
24-21-104(3)
, C.R.S., for the filing and recording of its articles of incorporation.
L. 05: p. 360, § 1. R.S. 08: § 1000. C.L. § 2367. CSA: C. 41, § 155. CRS 53: § 31-16-1. C.R.S. 1963: § 31-16-1. L. 81: Entire section amended, p. 430, § 4, effective July 1. L. 2008: Entire section amended, p. 23, § 15, effective August 5.
For the "National Irrigation Act of 1902", also known as the "Reclamation Act" or the "Newlands Reclamation Act", see 43 U.S.C. § 371 et seq.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 44 - WATER USERS' ASSOCIATIONS (§§ 7-44-101 — 7-44-107) › Section 7-44-102 - Stock subscription record

Any water users' association organized in conformity with the requirements of the United States under the reclamation act of June 17, 1902, with the consent of the board of county commissioners, may furnish the clerk and recorder of any county in Colorado a book containing printed copies of its articles of incorporation and forms of subscription for stock; and the county clerk and recorder to whom such book is furnished shall use the same for recording the stock subscriptions in such association, and the charges for the recording thereof shall be made on the basis of the number of words actually written therein.
L. 05: p. 361, § 2. R.S. 08: § 1001. C.L. § 2368. CSA: C. 41, § 156. CRS 53: § 31-16-2. C.R.S. 1963: § 31-16-2.
For the "National Irrigation Act of 1902", also known as the "Reclamation Act" or the "Newlands Reclamation Act", see 43 U.S.C. § 371 et seq.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 44 - WATER USERS' ASSOCIATIONS (§§ 7-44-101 — 7-44-107) › Section 7-44-103 - Organization - assessments

A corporation known as a water users' association may be formed under the "Colorado Business Corporation Act", articles
101
to
117
of this title, or formed under or elect to be governed by the "Colorado Revised Nonprofit Corporation Act", articles
121
to
137
of this title, for the purpose of dealing, contracting, or cooperating with the United States under the provisions of the act of congress of June 17, 1902, and acts amendatory thereof or supplementary thereto for the securing of a water supply or irrigation works, or both. It has, in addition to the powers conferred by law upon ditch, canal, or irrigation companies, the power to make assessments other than on a pro rata basis for the purpose of raising funds to accomplish the purposes for which formed, or to pay its debts or obligations, or to secure reduction in the principal debt due the United States of America for reclamation project construction cost, or delinquent assessments, or charges already due and payable, when the articles of incorporation so permit, or when required under existing or future contracts between the United States and the association or between the association and its stockholders, or under any laws or regulations of the United States.
L. 29: p. 291, § 1. CSA: C. 41, § 157. CRS 53: § 31-16-3. C.R.S. 1963: § 31-16-3. L. 67: p. 657, § 7. L. 97: Entire section amended, p. 757, § 11, effective 7/1/1998. L. 2003: Entire section amended, p. 2208, § 22, effective 7/1/2004.
For the "National Irrigation Act of 1902", also known as the "Reclamation Act" or the "Newlands Reclamation Act", see 43 U.S.C. §371 et seq.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 44 - WATER USERS' ASSOCIATIONS (§§ 7-44-101 — 7-44-107) › Section 7-44-104 - Directors may file petition in district court

(1)
The board of directors of any water users' association formed under section
7-44-103
at any time may file a petition in the district court of the county in which the office of such water users' association is situated praying a judicial examination and determination of the question of the validity of the organization of the association, or of any power conferred by the articles of incorporation, or of any amendment to the articles of incorporation, or of any assessment levied, or of any act, proceeding, or contract of the association. Such petition shall state the facts wherein the validity of such organization, power conferred by the articles of incorporation, amendment to the articles of incorporation, assessment, act, proceeding, or contract is founded and shall be verified by a member of the board. Thereupon a notice in the nature of a summons shall issue under the hand and seal of the clerk of said court, directed to all stockholders, creditors, or other persons interested in said water users' association, naming it, which designation shall be deemed sufficient to give the court jurisdiction of all matters and parties involved and interested. Service shall be obtained by publication of such notice as in the case of publication of summons in an action to quiet title to real property.
(2)
Any stockholder, creditor, or other interested person may answer such petition within the time allowed therefor. All persons filing answers shall be entered as defendants in the cause and their several defenses consolidated for hearing or trial. Upon hearing, the court shall examine all things affecting the validity of the matter in controversy, shall make a finding with reference thereto, and shall enter judgment and decree as the case warrants. In reaching its conclusions in such causes, the court shall follow a liberal interpretation of the law and shall disregard informalities or omissions not affecting the substantial rights of the parties, unless it is affirmatively shown that such informalities or omissions led to a different result than would have been otherwise obtained. The Colorado rules of civil procedure shall govern matters of pleading and practice as nearly as may be. Costs may be assessed or apportioned among contesting parties in the discretion of the trial court. Review of judgments of the district court shall be as provided by law and the Colorado appellate rules.
L. 29: p. 292, § 2. CSA: C. 41, § 158. CRS 53: § 31-16-4. C.R.S. 1963: § 31-16-4. L. 2003: (1) amended, p. 2208, § 23, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 44 - WATER USERS' ASSOCIATIONS (§§ 7-44-101 — 7-44-107) › Section 7-44-105 - Application to prior associations

Sections 7-44-103 and 7-44-104 also apply to any water users' association formed under the law of this state prior to February 18, 1929.
L. 29: p. 293, § 3. CSA: C. 41, § 159. CRS 53: § 31-16-5. C.R.S. 1963: § 31-16-5. L. 2003: Entire section amended, p. 2208, § 24, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 44 - WATER USERS' ASSOCIATIONS (§§ 7-44-101 — 7-44-107) › Section 7-44-107 - Associations may extend corporate life

Any water users' association formed under the law of this state may amend its articles of incorporation so as to extend the life of the association to any date not later than one hundred years from the date of the approval, February 13, 1931.
L. 31: p. 268, § 2. CSA: C. 41, § 161. CRS 53: § 31-16-7. C.R.S. 1963: § 31-16-7. L. 2003: Entire section amended, p. 2209, § 26, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 45 - TOLL ROAD COMPANIES (§§ 7-45-101 — 7-45-111) › Section 7-45-101 - Formation of toll road or toll highway company - description of corridor

(1)
A toll road or toll highway company shall be formed under Colorado law. On and after June 2, 2008, a toll road or toll highway company may not specify and map a transportation corridor in its filed formation document, and any corridor included in a filed formation document filed before June 2, 2008, shall not be deemed to give the filing toll road or toll highway company any property right or exclusive development right of any kind within the corridor other than as specified in section
7-45-103
. If a toll road or toll highway company complies with the provisions of this article, it shall have the power to erect toll gates and set and collect tolls.
(2)
The secretary of state shall maintain a list of all toll road and toll highway companies and shall make the list and the filed formation documents for all toll road and toll highway companies available to the public. To allow the secretary of state to efficiently compile and maintain an accessible list, a toll road or toll highway company shall include the designation "PTR" in its official name as specified in its filed formation document.
(3) and (4)
(Deleted by amendment, L. 2008, p. 1707, § 1, effective June 2, 2008.)
L. 2006: Entire article R&RE, p. 1760, § 1, effective June 6. L. 2008: (1), (3), and (4) amended, p. 1707, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 45 - TOLL ROAD COMPANIES (§§ 7-45-101 — 7-45-111) › Section 7-45-103 - Deadline to commence work - maintenance of effort requirement

A preexisting toll road or toll highway company shall commence work, including but not limited to planning, design, environmental mitigation, and other preconstruction work, on the toll road or toll highway proposed in its filed formation document no later than three years after the filing of the document or within one year after receiving all necessary approvals for construction. If any necessary approval is the subject of administrative or judicial review, then the one-year period shall be automatically extended until one year after all administrative or judicial review has been concluded. The preexisting toll road or toll highway company and any successor toll road or toll highway company shall continue the work from day to day until at least five hundred thousand dollars have been expended on the toll road or toll highway. If the preexisting toll road or toll highway company fails to perform the required work, it shall forfeit all rights to develop and construct the proposed toll road or toll highway. If the preexisting toll road or toll highway company performs the required work, it shall have the exclusive right to seek approval to develop a toll road or toll highway within the three-mile corridor specified in its filed formation document as required by section
7-45-101(1)
before June 2, 2008, and, only if such approval is granted, the exclusive right to develop a toll road or toll highway within the corridor.
L. 2006: Entire article R&RE, p. 1762, § 1, effective June 6. L. 2008: Entire section amended, p. 1708, § 3, effective June 2.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 45 - TOLL ROAD COMPANIES (§§ 7-45-101 — 7-45-111) › Section 7-45-107 - Construction safety standards

When constructing and maintaining a toll road or toll highway or any other element of a toll road or toll highway project, a toll road or toll highway company shall comply with all department of transportation safety standards for state transportation projects.
L. 2006: Entire article R&RE, p. 1767, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 45 - TOLL ROAD COMPANIES (§§ 7-45-101 — 7-45-111) › Section 7-45-109 - Use of land by toll road or toll highway company - right to repurchase unneeded condemned property

Any interest in real property that is obtained by a preexisting toll road or toll highway company, other than a leasehold interest in property or rights-of-way acquired and owned by the department of transportation as authorized in section
7-45-104
, within the three-mile corridor specified and mapped in its filed formation document as was required by section
7-45-101(1)
before June 2, 2008, and any interest in real property that is obtained by a new toll road or toll highway company, other than a leasehold interest in property or rights-of-way acquired and owned by the department of transportation as authorized in section
7-45-104
, within the proposed route of the toll road or toll highway proposed by the new toll road or toll highway company on or after June 2, 2008, and that is not used for a toll road or toll highway project shall not be used for commercial, residential, or industrial development; except that this limitation on use shall apply only during the period in which the toll road or toll highway company is developing or operating a toll road or toll highway within the corridor or proposed route. If the development or operation of a toll road or toll highway ceases after the department has exercised the power of eminent domain to acquire property deemed at the time of acquisition to be necessary for the completion of the toll road or toll highway as authorized in section
7-45-104
, a person from whom the department acquired property through the exercise of eminent domain has an exclusive option to repurchase the property acquired at the price paid for the property as just compensation by the department. The person may exercise the option within eighteen months following the cessation of the development or operation of the toll road or toll highway.
L. 2006: Entire article R&RE, p. 1767, § 1, effective June 6. L. 2008: Entire section amended, p. 1711, § 7, effective June 2.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 45 - TOLL ROAD COMPANIES (§§ 7-45-101 — 7-45-111) › Section 7-45-110 - Sale of interest in or assets of a toll road or toll highway company

(1)
If any interest in a preexisting or new toll road or toll highway company is sold or transferred, the toll road or toll highway company shall continue to comply with the limitations set forth in section
7-45-109
.
(2)
If a preexisting or new toll road or toll highway company sells or transfers any interest in its real property within the three-mile corridor specified in the filed formation document of the preexisting toll road or toll highway company or within the proposed route of the toll road or toll highway proposed by the new toll road or toll highway company that is not used for the toll road or toll highway, then the purchaser shall comply with the limitations set forth in section
7-45-109
.
(3)
If a toll road, toll highway, or toll road or toll highway project is included in the comprehensive statewide transportation plan required pursuant to section
43-1-1103(5)
, C.R.S., before the toll road or toll highway company completes a subsequent sale or transfer of assets or rights generating more than twenty percent of the current revenue from the toll road, toll highway, or project, the purchaser must demonstrate to the transportation commission, and the commission must determine, that following the sale or transfer the resources needed to comply with federal and state water quality standards and other federal and state environmental requirements and to implement mitigation measures that were included in the toll road or toll highway project description or required by a metropolitan planning organization, a regional planning commission, or the transportation commission will still be available for those purposes.
L. 2006: Entire article R&RE, p. 1768, § 1, effective June 6. L. 2008: (1) and (2) amended, p. 1712, § 8, effective June 2.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 45 - TOLL ROAD COMPANIES (§§ 7-45-101 — 7-45-111) › Section 7-45-111 - Public-private initiatives

Nothing contained in this article shall prohibit a toll road or toll highway company from entering into a public-private initiative with the department of transportation in accordance with the provisions of part 12 of article
1
of title
43
, C.R.S., for the purpose of enabling the construction of a toll road, toll highway, or project. Any such project shall comply with the requirements of this article.
L. 2006: Entire article R&RE, p. 1768, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 46 - [Repealed] BRIDGE AND FERRY COMPANIES (§ 7-46-101) › Section 7-46-101 - to 7-46-103 - [Repealed]

L. 95: Entire article repealed, p. 193, § 4, effective April 13.
This article was numbered as article 18 of chapter 31, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 47 - CEMETERY COMPANIES (§§ 7-47-101 — 7-47-109) › Section 7-47-101 - Who may organize - powers

(1)
Three or more persons may associate themselves together under the provisions of law, for the purpose of procuring and establishing a cemetery or place of sepulture, and they shall, upon association and compliance with the provisions of law, be a body politic and corporate; may sue and be sued; may have a common seal that may be altered at pleasure; may purchase, hold, and convey real and personal estate; may choose a president and other officers; may enact bylaws for regulating the affairs of the corporation, not inconsistent with the law of this state, and compel the observance thereof by suitable penalties; and may do all acts necessary for the well ordering of the affairs of such corporation.
(1.5)
(a)
A board of directors for a nonprofit cemetery corporation shall include at least one director who owns a lot, grave space, niche, or crypt. If such an owner cannot be found to serve as a director, the board of directors shall maintain a vacancy until the director position can be filled with such an owner. A nonprofit cemetery corporation may wait until the first vacancy on the board of directors occurs after January 1, 2013, before appointing a director who owns a lot, grave space, niche, or crypt.
(b)
This subsection (1.5) applies only to cemeteries as defined in section
6-24-101 (2)
.
(2)
A nonprofit corporation subject to the "Colorado Revised Nonprofit Corporation Act", articles
121
to
137
of this title, shall have all of the rights and powers granted by this article to the extent not inconsistent with said act, if such nonprofit corporation otherwise complies with the terms and provisions of this article.
Amended by 2017 Ch. 239, § 2, eff. 8/9/2017.
G.L. § 236. G.S. § 379. R.S. 08: § 1047. C.L. § 2430. CSA: C. 41, § 227. CRS 53: § 31-26-1. C.R.S. 1963: § 31-22-1. L. 67: p. 659, § 13. L. 97: (2) amended, p. 757, § 14, effective 7/1/1998. L. 2003: (1) amended, p. 2209, § 28, effective 7/1/2004. L. 2012: (1.5) added, (HB 12-1068), ch. 229, p. 1008, § 1, effective August 8. L. 2017: (1.5)(b) amended, (HB 17-1244), ch. 239, p. 983, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 47 - CEMETERY COMPANIES (§§ 7-47-101 — 7-47-109) › Section 7-47-102 - May acquire land

Any corporation formed under the law of this state to establish and maintain a cemetery or burial place for the dead may acquire suitable and sufficient land therefor in the manner provided by articles
1
to
7
of title
38
, C.R.S.
L. 1887: p. 70, § 1. R.S. 08: § 1048. C.L. § 2431. CSA: C. 41, § 228. CRS 53: § 31-26-2. C.R.S. 1963: § 31-22-2. L. 2003: Entire section amended, p. 2209, § 29, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 47 - CEMETERY COMPANIES (§§ 7-47-101 — 7-47-109) › Section 7-47-103 - Land surveyed and platted

Such corporation shall cause its land, or such portion thereof as may, from time to time, become necessary for that purpose, to be surveyed into lots, avenues, and walks, and to be platted. The plat of ground as surveyed shall be acknowledged by some officer of the corporation and filed in the office of the recorder of the county in which the land is situated. Each lot shall be regularly numbered by the surveyor, and such number shall be marked on the plat.
L. 1887: p. 70, § 2. R.S. 08: § 1049. C.L. § 2432. CSA: C. 41, § 229. CRS 53: § 31-26-3. C.R.S. 1963: § 31-22-3.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS (§§ 7-1-101 — 7-52-106) › SPECIAL PURPOSE CORPORATIONS (§§ 7-40-101 — 7-49.5-107) › Article 47 - CEMETERY COMPANIES (§§ 7-47-101 — 7-47-109) › Section 7-47-104 - Disposition of proceeds of sales of lots

The net proceeds arising from the sale of lots by such corporation and all other income and revenue thereof, after paying for cemetery ground, shall be exclusively applied, appropriated, and used in improving, preserving, and embellishing the cemetery and its appurtenances, and to paying the necessary expenses of the corporation, and shall not be appropriated for any purpose of profit to the corporation or its members.
L. 1887: p. 70, § 3. R.S. 08: § 1050. C.L. § 2433. CSA: C. 41, § 230. CRS 53: § 31-26-4. C.R.S. 1963: § 31-22-4.