C.R.S. Section 37-43-176
Proceedings in rem

  • accounting

(1)

All proceedings upon such petition shall be considered as in the nature of proceedings in rem, and the court has power to make any proper orders affecting the rights of all parties interested therein, and may order all of the corporate property of said irrigation district to be sold or otherwise disposed of for the benefit of its creditors and the good of the lands or landowners thereof, and shall take a full and complete accounting of all the assets and liabilities of such district, and provide for the payment of all its indebtedness of any sort, either by the sale of its corporate property or by the levy of assessments or taxes upon all the lands within the boundaries of such district, which lands shall be assessed for the same amount per acre, or by both such means and methods. The district court may enter such other and further orders from time to time for additional levies as may be necessary to pay and discharge all the indebtedness of said district, whether in the original amount of said indebtedness or any compromise amount which may be offered by the creditors and bondholders and approved by the court.

(2)

All assessments or taxes shall be collected and their collection enforced by and according to the methods provided by law for the collection of taxes and assessments for irrigation district purposes, but it shall not be necessary for any board of directors of such district to take any part in such proceedings, but certified copies of the orders, findings, or judgments of the district court filed with the board of county commissioners shall be sufficient authority for the board of county commissioners of the proper county to make the levies of taxes or assessments against the district lands in said orders, findings, or judgments provided.

(3)

If the court orders the sale of any district property, a commissioner shall be appointed for such sale and conveyance of the property, and to report to the court, and any funds obtained from any such sales shall be deposited with the district treasurer for the payment of district indebtedness. Sufficient additional amounts shall be added to the levies to pay the costs of any such proceedings in the district court, and, after collection, moneys derived from such levies for such purposes shall be paid by the district treasurer upon order of court and any surplus shall be used to pay district indebtedness. In case any outstanding warrants or bonds of the district are surrendered to the court for compromise or for the purpose of aiding in the closing up of the district affairs, or for other purposes, the court may enter judgment in behalf of each such creditor for the amount of the indebtedness ascertained to be due or which such creditor consents he will accept in satisfaction of such indebtedness and such judgment shall be sufficient warrant upon the district treasurer to pay the amount thereof out of the funds of the district obtained upon levies and collection of taxes and assessments or from other sources. When all the outstanding indebtedness of the district has been paid, the district court, if so petitioned, may enter findings and decree dissolving such irrigation district.

Source: Section 37-43-176 — Proceedings in rem - accounting, 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

§ 37-43-176’s source at colorado​.gov