C.R.S. Section 37-45-123
Levy and collection under class B


(1)

Intentionally left blank —Ed.

(a)

To levy and collect special assessments under class B, the board shall make an allotment of water or of capacity of specified works to each petitioning municipality in the district in the manner provided in this article and in such quantity as will in the judgment of the board, when added to the then present supply of water of such municipality in the case of an allotment of water, or when added to the then present supply of capacity of all other works of such municipality in the case of an allotment of capacity of specified works, make an adequate supply for such municipality and shall fix and determine the rate and the terms upon which such water or capacity of such works shall be sold, leased, contracted for, or otherwise disposed of for use by such municipalities; except that such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district and no municipality shall be required to make payments to secure or cover the default or failure of performance pertaining to capital debt of any other participating municipality which participates in a project in which the capacity of the specified works has been allotted to two or more participants.

(b)

The board shall examine all rates charged for like classes of service throughout the district and shall by rule and regulation adjust such rates periodically as needed to make such rates within any such class of service equitable.

(2)

In the event any city, city and county, or town desires to purchase, lease, contract for, or otherwise obtain the beneficial use of waters or capacity of works of the district for domestic, irrigation, or other beneficial purposes, the legislative body of such municipality shall by ordinance authorize and direct its mayor and clerk to petition the board for an allotment of water or capacity of specified works, upon terms prescribed by the board, which petition shall contain, inter alia, the following:

(a)

Name of municipality;

(b)

Quantity of water or capacity of works for which an allotment is sought;

(c)

Rate to be paid;

(d)

Whether payments are to be in cash or annual installments;

(e)

Agreement by the municipality to make payments for the beneficial use of such water or capacity of works together with annual maintenance and operating charges and to be bound by the provisions of this article and the rules and regulations of the board.

(3)

The secretary of the board shall cause notice of the filing of such petition to be given and published once each week for two successive weeks, in a newspaper published in the county in which said municipality is situated, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board, at a time named in said notice and show cause, in writing, if any they have, why the petition should not be granted.

(4)

The board at the time and place mentioned in said notice or at such time to which the hearing of said petition may adjourn, shall proceed to hear the petition and objections thereto, presented in writing, by any person showing cause why said petition should not be granted. The failure of any person interested to show cause shall be deemed an assent on such person’s part to the granting of said petition. At its discretion, the board may accept or reject said petition; but, if it deems it for the best interest of the district that said petition be granted, the board shall enter an order granting said petition, and, from and after such order, the said municipality shall be deemed to have purchased, leased, contracted for, or otherwise acquired the beneficial use of water or capacity of works as set forth in said order.

(5)

If said petition is granted, the board shall determine the amount of money necessary to be raised by taxation in each year from property within such municipality to pay the annual installments and a fair proportionate amount of estimated operating and maintenance charges for the next succeeding year, as provided in the order granting said petition, and shall prepare a statement showing the tax rate to be applied to all property in such municipality, which rate shall be the rate fixed by resolution of the board, modified to the extent necessary to produce from each such municipality only the amount of money apportioned thereto in said resolution, less any amount paid or undertaken to be paid by such municipality in cash or as credited thereto by payments from the general funds of such municipality. Upon receipt by the board of county commissioners of each county, wherein such municipality is located, of a certified copy of such resolution showing the tax rate to be applied to all property in each municipality and showing the municipalities and the property which is exempt therefrom, if any, it is the duty of the county officers to levy and collect such tax in addition to such other tax as may be levied by such board of county commissioners at the rate so fixed and determined.

Source: Section 37-45-123 — Levy and collection under class B, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑45‑101
Short title
37‑45‑102
Legislative declaration
37‑45‑103
Definitions
37‑45‑104
Name of district - bonds
37‑45‑105
Liberal construction
37‑45‑106
Constitutional construction clause
37‑45‑107
Repeal - saving clause
37‑45‑108
Jurisdiction of district courts
37‑45‑109
Petition
37‑45‑110
Bond of petitioners
37‑45‑111
Notice of hearing on petition
37‑45‑112
Protests and hearings on petitions
37‑45‑113
Provisions for filing and recording decree of incorporation
37‑45‑114
Appointment of board of directors
37‑45‑115
Organization of the board of directors
37‑45‑116
Meetings and records
37‑45‑117
Employment of agents
37‑45‑118
General powers
37‑45‑119
Power to acquire rights-of-way
37‑45‑120
Subdistricts
37‑45‑121
Classification of taxes and assessments - powers
37‑45‑122
Levy and collection under class A
37‑45‑123
Levy and collection under class B
37‑45‑124
Levy and collection under class C
37‑45‑125
Levy and collection under class D
37‑45‑126
Levies cover defaults and deficiencies
37‑45‑127
Objections to assessments - appeal
37‑45‑128
Officers levy and collect taxes and assessments
37‑45‑129
Sale for delinquencies
37‑45‑130
Exemptions
37‑45‑131
Sale of water by contract
37‑45‑132
Contracts - security - enforcement
37‑45‑133
Sinking fund
37‑45‑134
Additional powers
37‑45‑135
Allotment of water to disabled landowner or administrator
37‑45‑136
Inclusion of lands
37‑45‑137
Exclusion of lands
37‑45‑138
Board to execute contracts - issue bonds
37‑45‑139
Contracts - submission to electors
37‑45‑140
Publication of call
37‑45‑141
Conduct of election
37‑45‑142
Bond elections - subsequent elections
37‑45‑143
Confirmation of contract proceedings
37‑45‑144
Correction of faulty notices
37‑45‑145
Early hearings
37‑45‑146
Dissolution of districts
37‑45‑147
Election for dissolution - petition or resolution filed
37‑45‑148
Notice of election
37‑45‑149
Objections to resolution or petition
37‑45‑150
Election procedure - ballot
37‑45‑151
Majority vote determines question
37‑45‑152
Winding up and dissolution - order entered
37‑45‑153
Validation and recreation of water conservancy districts
Green check means up to date. Up to date

Current through Fall 2024

§ 37-45-123’s source at colorado​.gov