C.R.S. Section 37-47-112
Procedure for establishment of subdistricts

(1)

Before any subdistrict is established under this article, a petition shall be filed in the office of the clerk of the district court of the county in which the territory to be embraced in said subdistrict or the greater part thereof is situate, signed by the board of directors of the district or by a majority of the owners of land situate within the limits of the territory proposed to be organized into a subdistrict.

(2)

The petition shall set forth:

(a)

The proposed name of said subdistrict, whether it shall be designated “Water Users’ Association No. .... in the Southwestern Water Conservation District”, or “Special Improvement District No. .... in the Southwestern Water Conservation District”;

(b)

That property within the proposed subdistrict will be benefited by the proposed reservoirs, ditches, canals, works, or other improvements and shall set forth in a general way the nature and estimated cost thereof, together with a general statement of the nature of the anticipated benefits to be derived therefrom;

(c)

A full description of the territory to be included in the proposed subdistrict. Said description need not be given by metes and bounds or by legal subdivision, but it shall be sufficient to enable a property owner to ascertain whether his property is within the territory proposed to be organized in a subdistrict. Such territory need not be contiguous, if it is so situated that the organization as a single subdistrict of the territory described is such as to promote or tend to promote one or more of the objectives of this article as to all parts of the area proposed to be included.

(d)

A general description of the methods proposed to finance the proposed works or other improvements, whether by revenue warrants pledging the income from the proposed works, special improvement bonds to be paid by special assessments on the property benefited in an amount on each tract of land not in excess of the appraised benefits, contracts of water users or water users’ associations creating liens or mortgages on lands within the subdistrict, or general obligation bonds constituting a lien against the real property embraced in such subdistrict and which indebtedness shall never be an obligation of the district. If general obligations are proposed, the petition shall allege and show that all lands in the subdistrict will be benefited in an amount not less than the total amount of general obligation bonds to be issued exclusive of interest.

(e)

If such a petition is filed by the board of directors of the district, it shall contain a statement to the effect that a majority of the landowners of the territory in the proposed subdistrict petitioned the board of directors to organize said subdistrict, and a copy of the petition of said landowners shall be attached as an exhibit to the petition for organization of the subdistrict;

(f)

Said petition shall pray for the organization of a subdistrict by the name proposed.

(3)

To determine whether a majority of landowners in said district have signed the petition, in the event the petition is signed by landowners, or have petitioned the board of directors of the district, in the event the petition is filed by the board of directors, the court may require the county treasurer of each county in which territory proposed to be included in said subdistrict is situated to furnish a certified list of names of landowners within said area, and the court shall be governed by the names as they appear upon said copy of the tax roll, and the same shall be prima facie evidence of ownership, and, if said tax roll shows a majority of the landowners have signed the main petition or petitioned the district for said organization, the same shall be considered as prima facie evidence that a majority of said landowners are in favor of the organization of said proposed subdistrict.

Source: Section 37-47-112 — Procedure for establishment of subdistricts, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑47‑101
Legislative declaration - rivers named 37‑47‑102
Definitions 37‑47‑103
Creation and name of district 37‑47‑104
Board of directors 37‑47‑105
Allowance for directors 37‑47‑106
Vacancy in office of director 37‑47‑107
Powers of district 37‑47‑108
Principal office - meetings 37‑47‑109
Assessment and levy by board 37‑47‑110
Creation of subdistricts 37‑47‑111
Rules and regulations 37‑47‑112
Procedure for establishment of subdistricts 37‑47‑113
Time and place of hearing on petition 37‑47‑114
Recording of protest - procedure - decree - fee 37‑47‑115
Plan for subdistrict 37‑47‑116
Appointment of appraisers 37‑47‑117
Compensation of appraisers 37‑47‑118
Directors bound by financing plan 37‑47‑119
Assessments - procedure in making 37‑47‑120
Improvement district bonds 37‑47‑121
Assessments constitute perpetual lien 37‑47‑122
Directors to remedy defects in assessments 37‑47‑123
Record of assessments as evidence 37‑47‑124
Defects in notice perfected 37‑47‑125
Contracts of subdistricts 37‑47‑126
Issuance of general obligation bonds and revenue bonds 37‑47‑127
Board to certify assessments 37‑47‑128
Limitations on power to levy and contract 37‑47‑129
Investment of surplus funds 37‑47‑130
Sinking fund 37‑47‑131
Court confirmation 37‑47‑132
Subdistrict furnishing water to nonirrigated land 37‑47‑133
Election to authorize debt 37‑47‑134
Definition of elector 37‑47‑135
Elections 37‑47‑136
Election resolution 37‑47‑137
Conduct of election 37‑47‑138
Notice of election 37‑47‑139
Polling places 37‑47‑140
Election supplies 37‑47‑141
Election returns 37‑47‑142
Debt election contests 37‑47‑143
Covenants and other provisions in bonds 37‑47‑144
Liens on pledged revenues 37‑47‑145
Rights - powers of holders of bonds - trustees 37‑47‑146
Investments and securities 37‑47‑147
Rents and charges 37‑47‑148
Miscellaneous powers 37‑47‑149
Cooperative powers 37‑47‑150
Joint action entity 37‑47‑151
Correlative powers of political subdivisions
Green check means up to date. Up to date

Current through Fall 2024

§ 37-47-112’s source at colorado​.gov