C.R.S. Section 37-48-126
Official plan for subdistrict


(1)

Upon organization of such subdistrict, the board of directors of said district, acting as the board of directors of said subdistrict, is authorized and required to prepare and adopt as the official plans for said subdistrict a comprehensive detailed plan, setting forth any plan of water management for the subdistrict, any improvements or works, including all canals, reservoirs, and ditches whether within or without the district to be constructed or used for the subdistrict, and the manner of utilization of the same in any plan of augmentation or plan of water management, together with the estimated cost of each principal part of said plan or plans, system, or works and the estimated cost of maintenance and operation thereof.

(2)

Where a board of managers for the subdistrict is authorized by the petition and decree establishing the subdistrict, the preparation of the official plans for the subdistrict shall be carried out by the board of managers. Such official plans shall be submitted to and approved by the board of directors of the district before the holding of the public hearing thereon required by subsection (3) of this section. If the official plan approved by the board of directors includes a groundwater management plan within the meaning of section 37-92-501 (4)(c), the board of directors shall obtain the state engineer’s approval of the groundwater management plan in accordance with section 37-92-501 (4)(c) before holding the public hearing required by subsection (3) of this section.

(3)

Intentionally left blank —Ed.

(a)

Upon the completion of such official plan, the board of directors shall cause notice thereof to be given by publication in each county in which said district may be located, in whole or in part, and shall permit the inspection thereof at the office of the district by all persons interested. Said notice shall fix the time and place for the hearing of all objections to said plan not less than twenty days or more than thirty days after the last publication of said notice. All objections to said plan shall be in writing and filed with the manager or secretary of the district at its office prior to the date established for the hearing. After said hearing before the board of directors, the board shall consult with the board of managers, if any, and shall adopt the plan as the official plan of the said subdistrict; adopt the plan with changes in which the board of managers, if any, concurs; or disapprove the plan, in which case the board of managers, if any, shall proceed as set forth in this section to prepare another plan.

(b)

If any person objects to the official plan adopted pursuant to paragraph (a) of this subsection (3), such person may, within ten days after the adoption of said official plan, file in the office of the clerk of the court in the original case establishing the district his or her objections in writing, specifying the features of the plan to which objection is made, and, thereupon, the court shall fix a day for the hearing thereof before the court, at which time the court shall hear said objections and adopt, reject, or refer back the plan to the board of directors. If the official plan includes a groundwater management plan, the court may consolidate the hearing on objections to the official plan with any hearing on the groundwater management plan required by section 37-92-501 (4)(c).

(c)

If the official plan includes a plan for augmentation, all issues concerning the adequacy of such plan under the applicable provisions of article 92 of this title shall be adjudicated pursuant to the procedures specified in said article.

(4)

If the court should reject the plan, the board or the board of managers, as the case may be, shall proceed as in the first instance under this section to prepare another plan. If the court should refer the plan back to the board for amendment, the court shall continue the hearing to a day certain without publication of notice. If the court approves the plan as the official plan of the district, a certified copy of the order of the court approving the plan shall be filed with the secretary of the district and incorporated into the records of the district. The official plan may be altered in detail as necessary from time to time but may not be altered in substance without notice and hearing as required in subsection (3) of this section, nor may the plan be altered in substance after the sale of bonds or warrants to finance the construction and development of the plan without notice to the holders of the bonds or warrants and opportunity for them to be heard, and in no event shall the plan be altered, except within the objects and purposes of the subdistrict as set forth in the petition to organize the same.

Source: Section 37-48-126 — Official plan for subdistrict, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑48‑101
Legislative declaration
37‑48‑101.3
Definitions
37‑48‑102
Creation and name of district
37‑48‑103
Board of directors
37‑48‑104
Employees
37‑48‑105
Powers of district
37‑48‑106
Principal office - meetings
37‑48‑107
Assessment and levy by board
37‑48‑108
Creation of subdistricts
37‑48‑109
Compensation of directors
37‑48‑110
Limitations on power to levy and contract
37‑48‑111
Investment of surplus funds
37‑48‑112
Rules
37‑48‑113
Court confirmation
37‑48‑114
Petition
37‑48‑115
Notice and hearing on petition
37‑48‑116
Election resolution
37‑48‑117
Conduct of election
37‑48‑118
Notice of election
37‑48‑119
Polling places
37‑48‑120
Election supplies
37‑48‑121
Election returns
37‑48‑122
Expenses of election - appropriation
37‑48‑123
Procedure for establishment of subdistricts
37‑48‑124
Time and place of hearing on petition
37‑48‑125
Filing of protest - procedure - decree - fee
37‑48‑126
Official plan for subdistrict
37‑48‑127
Execution of plans
37‑48‑128
Contracts
37‑48‑129
Surveys and examinations
37‑48‑130
Cooperation with United States or other agencies
37‑48‑131
Access to lands - penalty
37‑48‑132
Removal of structures
37‑48‑133
Passing equipment through bridge or grade
37‑48‑134
Functions and duties of board of managers
37‑48‑135
Retention of personnel
37‑48‑136
Appointment of appraisers
37‑48‑137
Appraisals
37‑48‑138
Report of appraisers - special improvement bonds
37‑48‑139
Notice of hearing on appraisals
37‑48‑140
Hearing on appraisals
37‑48‑141
Decree on appraisals
37‑48‑142
Filing decree
37‑48‑143
Validation of irregular proceedings
37‑48‑144
Compensation of appraisers
37‑48‑145
Preliminary fund
37‑48‑146
Power to borrow money for the preliminary fund
37‑48‑147
Directors bound by financing plan
37‑48‑148
Special assessments - procedure in making
37‑48‑149
Special improvement bonds
37‑48‑150
Manner of collection - tax sale - certificate of purchase - tax deed
37‑48‑151
Collection by civil action
37‑48‑152
Special improvement assessments constitute perpetual lien
37‑48‑153
Directors to remedy defects - special improvement assessments - special assessments
37‑48‑154
Records of assessments, service charges, or user fees as evidence
37‑48‑155
Defects in notice perfected
37‑48‑156
Contracts of subdistricts
37‑48‑157
Issuance of general obligation bonds - revenue bonds
37‑48‑158
Board to certify tax assessments
37‑48‑159
Sinking fund
37‑48‑160
Subdistrict budget
37‑48‑175
Election to authorize debt
37‑48‑176
Definition of elector
37‑48‑177
Elections
37‑48‑178
Election resolution
37‑48‑179
Conduct of election
37‑48‑180
Notice of election
37‑48‑181
Polling places
37‑48‑182
Election supplies
37‑48‑183
Election returns
37‑48‑184
Debt election contests
37‑48‑185
Covenants and other provisions in bonds
37‑48‑186
Liens on pledged revenues
37‑48‑187
Rights - powers of holders of bonds - trustees
37‑48‑188
Investments and securities
37‑48‑189
Rents and charges
37‑48‑190
Miscellaneous powers
37‑48‑191
Cooperative powers
37‑48‑192
Joint action entity
37‑48‑193
Correlative powers of political subdivisions
37‑48‑194
Refunding
37‑48‑195
Costs - board of managers to concur
Green check means up to date. Up to date

Current through Fall 2024

§ 37-48-126’s source at colorado​.gov