C.R.S. Section 37-42-113
Powers of district

  • loans for improvements
  • rules

(1)

Intentionally left blank —Ed.

(a)

Irrigation districts organized under this article 42 may sue and be sued in their district names, and courts shall take judicial notice of their organization and territorial extent.

(b)

The board of directors may acquire, by use, prescription, appropriation, purchase, or condemnation, property or rights of any kind, including rights-of-way, canals, or reservoirs either projected, or partly constructed, or constructed, or the part or whole of any contemplated, projected, partly completed system of irrigation or waterworks, water rights, or any other property or right necessary or useful for carrying out the objects of the irrigation district. The title to any such property so acquired vests immediately in the irrigation district in its corporate name and is held by the district in trust for, and is hereby dedicated and set apart for, the uses and purposes provided for in this article 42.

(c)

Any contract purporting to bind the district to the payment of any sum in excess of five hundred thousand dollars must first be ratified by a majority of all the votes cast at a general or special election called for that purpose before it becomes binding, and all contracts entered into by the board of directors agreeing to a payment in excess of that amount shall be construed as being expressly subject to this subsection (1)(c) and do not become binding upon the district until authorized and ratified at an election called and held for that purpose; except that, on July 1, 2022, and on July 1 of every five-year period thereafter, the board of directors shall adjust the dollar amount specified in this subsection (1)(c) in accordance with the percentage change over the previous five-year period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. The board of directors shall post the adjusted amount on its website and in its annual reports.

(2)

Where the compensation to be paid by the district to the owners of any property that the board of directors of an irrigation district is authorized to take by proceedings in eminent domain has been finally determined to be in excess of five hundred thousand dollars, the courts shall give sufficient time for the submission to and determination by the landowners of the district, at a regularly called general or special election, of the question of whether the district shall pay the compensation or abandon the condemnation proceedings; except that, on July 1, 2022, and on July 1 of every five-year period thereafter, the board of directors shall adjust the dollar amount specified in this subsection (2) in accordance with the percentage change over the previous five-year period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. The board of directors shall post the adjusted amount on its website and in its annual reports. If the landowners, by majority vote of all the votes cast at the election, vote for the payment of the compensation, the courts shall give the district the necessary additional time to pay the compensation either by levy and collection of assessments against the lands of the district, by the issuance and sale of bonds of the district, or by both such methods, as may be determined at a district election.

(3)

The board may also enter into any obligation or contract with the United States for the construction or operation and maintenance of the necessary works for the delivery and distribution of water therefrom; or for drainage of district lands; or for the assumption, as principal or guarantor, of indebtedness to the United States on account of district lands; or for the temporary rental of water under the provision of the federal reclamation act and all acts amendatory thereof or supplementary thereto and the rules and regulations established thereunder; or the board may contract with the United States for a water supply under any act of congress providing for or permitting such contract and may convey to the United States as partial or full consideration therefor water rights or other property of the district. The district also has power to take over the assets and assume the liabilities of water users’ associations organized for cooperation with the United States under the provisions of the act of congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereto, in case a majority of the lands of each association shall be within such district, subject to the provision that the shareholders of such association by vote, as provided by their articles of incorporation and bylaws, shall assent and agree that such assets and liabilities shall be so taken over.

(4)

The powers conferred by this article 42 are cumulative and are in addition to all powers possessed by an irrigation district under the other laws of this state.

(5)

Intentionally left blank —Ed.

(a)

The board of directors may enter into any obligation or contract to borrow money, which the irrigation district may use to issue loans to landowners:

(I)

To make improvements to private water delivery systems; or

(II)

For other types of projects that improve:

(A)

Water conservation or efficiencies on landowner property; or

(B)

Landowner delivery or drainage systems.

(b)

An obligation or contract to borrow money described in subsection (5)(a) of this section is not subject to the requirements of subsection (1)(c) of this section.

(c)

The board shall not assess district land in order to raise money to issue loans pursuant to this subsection (5). However, the board, in its discretion, may use other sources of money for the purpose of issuing loans as described in this subsection (5).

(d)

In case of default in the payment of any installment of principal or interest when due, the county treasurer may assess upon the eligible real property a tax lien for the payment of the whole of the unpaid installment of principal and interest; except that the county treasurer shall not assess a tax lien for the entire value of the landowner’s portion of the irrigation loan issued by the water district.

(e)

The board may adopt rules concerning the issuance of loans to landowners pursuant to this subsection (5).

Source: Section 37-42-113 — Powers of district - loans for improvements - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑42‑101
Petition for organization - schedule - bond 37‑42‑102
Date of hearing - notice 37‑42‑103
Preliminary report 37‑42‑104
Hearing - adjournments 37‑42‑105
Adverse report - investigations 37‑42‑106
Notice of organization meeting and election 37‑42‑107
Organization - meeting - voting 37‑42‑108
Directors - election 37‑42‑109
Directors to file map 37‑42‑110
Directors to organize - powers 37‑42‑111
Meetings of directors - notice 37‑42‑112
District elections - definition 37‑42‑113
Powers of district - loans for improvements - rules 37‑42‑114
Landowners - definition - evidence of ownership 37‑42‑115
Land board as landowner 37‑42‑117
Directors to adopt plans 37‑42‑118
Bond election - ballots 37‑42‑120
Additional bonds 37‑42‑121
Sale of bonds - notice 37‑42‑122
Bonds - assessments 37‑42‑123
Rescission of action authorizing bonds 37‑42‑124
Construction of works - bids - notice - contract - bond 37‑42‑125
Fiscal year - appropriation resolution 37‑42‑126
Assessment of lands - valuation 37‑42‑127
Levy to pay interest and expenses 37‑42‑128
Collection of assessments 37‑42‑130
Call of bonds - surplus fund 37‑42‑131
Payment of general expenses 37‑42‑132
Relief from bonded indebtedness 37‑42‑133
Exclusion of land from district 37‑42‑134
Inclusion of land in district 37‑42‑135
District to lease surplus water 37‑42‑136
Drainage of lands - surveys 37‑42‑137
Sale of surplus water - proceeds 37‑42‑138
Confirmation of organization and bonds 37‑42‑139
Dissolution of district - election 37‑42‑140
Districts organized after April 7, 1921 37‑42‑141
Ratification of irrigation district
Green check means up to date. Up to date

Current through Fall 2024

§ 37-42-113’s source at colorado​.gov