C.R.S. Section 31-35-101
Powers

  • canals
  • water rights
  • diversion
  • ratification of prior rights

(1)

Any municipality in this state, for the purpose of supplying said municipality and the inhabitants thereof with water, has the power under this part 1:

(a)

To purchase or lease any canal or ditch constructed, with all the rights, privileges, and franchises of any person owning or having any interest in or right to the same, and to hold and operate the said canals and ditches in the same manner as the persons from which the same is purchased or leased if a majority of the registered electors of such municipality voting at any regular election vote in favor of said purchase;

(b)

To repair, improve, or enlarge any canal or ditch which is leased or purchased or any flume, dam, or gate connected therewith and for such purposes to levy and collect taxes as other taxes are levied and collected by law;

(c)

To purchase water and water rights in all cases where condemnation would lie to obtain the same under section 31-15-708 (1)(b);

(d)

To divert the waters acquired by purchase to the amount and extent lawfully appropriated prior to said purchase;

(e)

To purchase and hold the lands with which said water right is connected when deemed necessary and proper by the governing body, whether the same are within or beyond the municipal limits, or to lease or sell such lands when deemed advisable by said governing body.

(2)

Any municipality making a purchase or lease of any canal or ditch shall thereby assume all obligations and other duties which by law devolve upon the owner of such ditch or canal and from whom the same may be acquired by the powers of this section.

(3)

The right to hold and retain water rights, or such lands and water rights as have been purchased by any municipality in this state prior to April 2, 1891, for the purpose of providing water for the use thereof or that of its inhabitants, the right to divert the water belonging to such rights to the use of such municipality and the inhabitants thereof, and the right to sell and dispose of such lands so purchased separate and apart from the water rights, as provided in paragraph (e) of subsection (1) of this section, are hereby given, ratified, and confirmed to such municipality.

Source: Section 31-35-101 — Powers - canals - water rights - diversion - ratification of prior rights, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑35‑101
Powers - canals - water rights - diversion - ratification of prior rights 31‑35‑102
Ditch and canal management 31‑35‑103
Trustees of waterworks - duties 31‑35‑104
First election of trustees 31‑35‑105
Trustees - qualifications 31‑35‑106
Regular election of trustees 31‑35‑107
Trustees - quorum - existing boards - secretary 31‑35‑108
Acts of board - meetings - vacancies - compensation and bond 31‑35‑109
Semiannual statement of condition 31‑35‑110
Annual statement of estimate 31‑35‑111
Election 31‑35‑201
Leasing of water - no rights vested 31‑35‑301
Construction of water mains 31‑35‑302
Petition - plans - contract 31‑35‑303
Necessity declared by ordinance 31‑35‑304
Streets and alleys - eminent domain 31‑35‑305
Sidewalks - assessment - hearing - lien 31‑35‑306
Other laws not affected 31‑35‑401
Definitions 31‑35‑402
Powers 31‑35‑403
Authorization of facilities and bonds 31‑35‑404
Bond provisions 31‑35‑405
Signatures on bonds 31‑35‑406
Tax exemption 31‑35‑407
Covenants in bond ordinance 31‑35‑408
No municipal liability on bonds 31‑35‑409
Remedies of bondholders 31‑35‑410
Construction of part 4 31‑35‑411
Pledge of other utility revenues 31‑35‑412
Refunding bonds 31‑35‑413
Incontestable recital in bonds 31‑35‑414
Application of bond proceeds 31‑35‑415
Continuing rights of bondholders 31‑35‑416
Validation 31‑35‑417
Effect of and limitations upon validation 31‑35‑501
Creation of board 31‑35‑502
Board - appointments - removal - bonds - meetings 31‑35‑503
Oath - officers 31‑35‑504
Board’s administrative powers 31‑35‑505
Meetings of board 31‑35‑506
Additional administrative powers 31‑35‑507
Budgets, accounts, and audits 31‑35‑508
Records of board 31‑35‑509
Conflicts in interest prohibited 31‑35‑510
Authorization of facilities 31‑35‑511
Implementing powers 31‑35‑512
Additional powers of municipality 31‑35‑513
Financial powers of municipality 31‑35‑514
Other powers of board 31‑35‑601
Owner to be notified 31‑35‑602
Resolution adopted 31‑35‑603
Cost of connection ascertained 31‑35‑604
Work accepted - assessment - certified copy filed - lien 31‑35‑605
Appropriation from general fund 31‑35‑606
Assessments payable - proviso 31‑35‑607
Payment in installments optional 31‑35‑608
Installment payments - due date - interest 31‑35‑609
Default in payment - penalty 31‑35‑610
Discount for cash payment 31‑35‑611
Payment of assessments - default - sale 31‑35‑612
Owner of interest may pay his share 31‑35‑613
When collections paid to municipality 31‑35‑614
Construction of part 6 31‑35‑615
Governing body to fix rates and charges 31‑35‑616
Revenue kept in separate fund 31‑35‑617
Failure to pay rates and charges - lien 31‑35‑618
Prior rates and charges declared valid 31‑35‑619
Surplus revenue diverted to general fund 31‑35‑701
Cities or towns may provide service outside boundaries 31‑35‑702
Governing body agency of state 31‑35‑703
Publication of ordinance 31‑35‑704
Contents of ordinance 31‑35‑705
Protest - board of adjustment 31‑35‑706
Continuing annual charges 31‑35‑707
Date and place of payment 31‑35‑708
Nonpayment - penalty - lien 31‑35‑709
Voluntary discontinuance by owner 31‑35‑710
Duty to maintain system 31‑35‑711
Rates may be collected by action 31‑35‑712
Owner to obtain permit - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 31-35-101’s source at colorado​.gov