C.R.S. Section 37-45-125
Levy and collection under class D

(1)

To levy and collect special assessments upon lands under class D, the board shall make an allotment of water or of capacity of specified works to petitioning owners of lands in the district, upon which water may be beneficially used in the manner as provided in this article, in such amount as will in the judgment of the board, together with the present supply of water for such lands in the case of an allotment of water, or when added to the then present supply of capacity of all other works in the case of an allotment of capacity of specified works, make an adequate water supply for such lands and shall fix and determine the rate and the terms at which water or capacity of works shall be sold, leased, contracted for, or otherwise disposed of, for use on said lands.

(2)

In the event that any person or private corporation elects to purchase, lease, contract for, or otherwise obtain the beneficial use of waters or capacity of works of the district, such person or corporation shall petition the board for an allotment of water or of capacity of specified works, upon terms prescribed by the board, which petition shall contain, inter alia, the following:

(a)

Name of applicant;

(b)

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

(c)

Descriptions of lands upon which the water or capacity of works will be used and attached;

(d)

Rate to be paid;

(e)

Whether payment will be made in cash or annual installments;

(f)

Agreement that the annual installments and the charges for maintenance and operating shall become a tax lien upon the lands for which such water or capacity of works is petitioned and allotted and to be bound by the provision of this article and the rules and regulations of the board.

(3)

Intentionally left blank —Ed.

(a)

In 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, said petitioner shall be deemed to have agreed to the purchase, lease, contract, or other means of acquiring the beneficial use of water or capacity of works under the terms set forth in said petition and order. Such order shall provide for payment on the basis of rate per unit of measure of water allotted in the case of an allotment of water, or on the basis of rate per unit of capacity allotted in the case of an allotment of works to said lands within the district; except that the board may divide the district into units and fix a different rate in the respective units; and further except that such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district.

(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.

(4)

The secretary of the board shall cause notice of the filing of such petition to be given and published, 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 why the petition should not be granted. The board at the time and place mentioned in said notice, or at such time to which the hearing on said petition may be adjourned, 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 to that effect granting said petition, and, from and after such order, the petitioner or persons interested therein 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 such petition is granted, the board shall cause a certified copy of the order granting said petition to be recorded in the county in which said lands are located, and, thereafter, the annual installments and annual operating and maintenance charges shall be a perpetual tax lien upon such lands. On or before October 1 of each year, the board shall certify to the county assessor of the county within the district in which such lands are located the amount of the annual installments, plus a fair proportionate amount of the estimated operating and maintenance charges apportioned to said lands for the next succeeding year, and such county assessor shall extend the amount so certified on the tax roll as a flat special assessment against the lands for which such water is petitioned and allotted.

Source: Section 37-45-125 — Levy and collection under class D, 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

§ 37-45-125’s source at colorado​.gov