C.R.S. Section 37-43-163
Decree of court

(1)

The court in its decree shall have power to make the orders necessary to carry out said proposition or plan for the liquidation of the indebtedness and distribution of the property of said district, including the right to apportion any indebtedness found due, and to declare said portions of any said indebtedness liens upon the various parcels and lots of land within the district, and may decree a sale or exchange of its assets in such manner as may effectuate said proposition, as the said court may judge best, and as, in the opinion of the court, provides an adequate security for the ultimate payment or complete liquidation of all the indebtedness of said district. Said sale or exchange of said assets may be made either in one lot or in such parcels as may be provided, and the decree may provide for conveyance of said irrigation system, including the dams, reservoirs, canals, franchises, and water rights, and also of all of the other assets of the district and for the exchange thereof for outstanding indebtedness and the cancellation of such indebtedness. Said court may also provide by decree for the ultimate payment of all or any part of the indebtedness of said district by directing a continuance of the levy and assessment of taxes upon the lands included in said district in the manner provided by the laws of this state in relation to irrigation districts.

(2)

At any time prior to the actual execution of the proposed plan for dissolution, whether before or after entry of the decree, the proceeding for approval of such plan may be dismissed by the court and such dissolution may be abandoned when it is made to appear to the court that a majority of the qualified electors of the irrigation district have voted for the dismissal of such proceeding and abandonment of such proposed dissolution at an election regularly held for the purpose of voting on such question and that such dissolution plan and proceeding can feasibly and equitably be abandoned and dismissed at that time. Notice of such election shall be given in the same manner and for the same time as notice of election of directors of an irrigation district under the laws of the state of Colorado, and such notice shall specify the time of holding the election and the matter to be voted upon. Such election shall be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions governing the election of directors in irrigation districts. The court in its decree dismissing any such proceeding under the provisions of this subsection (2) has the power to make all orders necessary to effectuate the abandonment of such dissolution plan and the continuation of such irrigation district.

Source: Section 37-43-163 — Decree of court, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑43‑101
Definition of landowner 37‑43‑102
Landowners to vote for directors on acreage basis 37‑43‑103
Directors may submit question 37‑43‑105
Increasing number of directors 37‑43‑106
Calling election - ballot 37‑43‑107
Voting 37‑43‑108
Who may vote 37‑43‑109
Canvassing vote - directors-at-large 37‑43‑110
When directors-at-large elected 37‑43‑111
Eligibility of directors 37‑43‑112
Agricultural college and school lands included 37‑43‑113
Petition - form and execution 37‑43‑114
Assessments 37‑43‑115
Mode of payment - receipts 37‑43‑116
Purchaser to pay accrued assessments 37‑43‑117
Lessee to pay assessments in addition to rent 37‑43‑118
Purchasers to pay to register until patent 37‑43‑119
Board of directors may exclude land 37‑43‑120
Land may be excluded at time of refinancing 37‑43‑121
Prior exclusion of lands 37‑43‑122
Irrigation districts to provide drainage 37‑43‑123
Title in seepage or waste waters 37‑43‑124
Sale of water rights and property 37‑43‑125
Election - notice - canvass 37‑43‑126
Determination of validity of sale 37‑43‑127
Proceedings by elector on failure of board 37‑43‑128
Sale 37‑43‑129
Decree of sale 37‑43‑130
Construction 37‑43‑131
Distribution of proceeds 37‑43‑132
Purposes for bond issues 37‑43‑133
Meeting of landowners 37‑43‑134
Voting on bond issue 37‑43‑135
Resolution of board of directors 37‑43‑136
Levy of tax - collection 37‑43‑137
Bonds receivable in payment of taxes 37‑43‑138
Construction 37‑43‑139
Bonds to retire warrants 37‑43‑140
Subject to outstanding bonds 37‑43‑141
Levy of tolls or charges 37‑43‑142
Where payment of tolls made 37‑43‑143
Water may be refused - when 37‑43‑144
Issuance of refunding bonds 37‑43‑145
Board of directors to issue bonds 37‑43‑146
Submission of question to electors 37‑43‑147
Sale of bonds 37‑43‑148
County treasurer to register bonds 37‑43‑149
Collection of taxes 37‑43‑150
Validity of bonds examined 37‑43‑151
Relief of lands from burden of refunded indebtedness 37‑43‑152
Board may contract with United States 37‑43‑153
Provisions of contract 37‑43‑154
Prior contracts validated 37‑43‑155
Powers cumulative 37‑43‑156
Irrigation districts may dissolve 37‑43‑157
Petition - where filed - contents 37‑43‑158
Dissolution - special election 37‑43‑159
Determination of validity of dissolution 37‑43‑160
Contents of petition - procedure - costs 37‑43‑161
Elector may bring action 37‑43‑162
May organize corporation to acquire assets 37‑43‑163
Decree of court 37‑43‑164
Apportionment of indebtedness 37‑43‑165
Plan must provide for adequate levies 37‑43‑166
Foreclosure subject to prior taxes 37‑43‑167
Disposition of surplus 37‑43‑168
Procedure where district is solvent 37‑43‑169
Dissolution of inactive irrigation districts 37‑43‑170
Petition for payment of indebtedness 37‑43‑171
Jurisdiction - order for hearing 37‑43‑172
Notice of hearing 37‑43‑173
Notice - how addressed 37‑43‑174
Completion of service 37‑43‑175
Answer or contest - default 37‑43‑176
Proceedings in rem - accounting 37‑43‑177
Indebtedness of inactive districts 37‑43‑178
Appeals 37‑43‑179
Dissolution - where bondholders are unknown 37‑43‑180
Petitions for dissolution 37‑43‑181
Notice of hearing 37‑43‑182
Disposition of unpaid funds 37‑43‑183
Application 37‑43‑184
Treasurer to strike off lands to county 37‑43‑185
Redemption 37‑43‑186
Lands offered for sale - when 37‑43‑187
When county entitled to tax deed 37‑43‑188
County may sell by quitclaim deed 37‑43‑189
Continuation of lien of bonded indebtedness 37‑43‑201
Short title 37‑43‑202
Definitions 37‑43‑203
Applicability - exercise of authority 37‑43‑204
Irrigation district - authority to contract 37‑43‑205
Special assessment 37‑43‑206
Authority to obtain loans to defray expenses 37‑43‑207
Power of eminent domain 37‑43‑208
Contracts - reimbursement by United States 37‑43‑209
Submission of plans to state engineer - not required 37‑43‑210
Compensation of director of contracting district 37‑43‑211
Creation of contracting district - election
Green check means up to date. Up to date

Current through Fall 2024

§ 37-43-163’s source at colorado​.gov