C.R.S. Section 37-50-107
General powers

(1)

The district is formed for the purpose of cooperating with and assisting this state to carry out its duty to comply with the limitations and duties imposed upon the state by the Republican river compact, and, in furtherance of that purpose and in its corporate capacity, the district shall have power to:

(a)

Sue and be sued in the name of the Republican river water conservation district and otherwise to participate in litigation;

(b)

Acquire, operate, and hold in the name of the district such real and personal property as may be necessary to carry out the provisions of this article and sell and convey such property or its products as provided in this article or when the property is no longer needed for the purposes of the district;

(c)

Borrow money and incur indebtedness and issue bonds or other evidence of such indebtedness;

(d)

Accept gifts, grants, or donations of personal or real property or moneys;

(e)

Make surveys and conduct investigations to determine the best manner of utilizing stream flows within the district and the amount of such stream flow or other water supply, including groundwater; locate ditches, irrigation works, wells, pipelines, and reservoirs to store or utilize water for compact compliance purposes; make filings upon such water; initiate appropriations for compact compliance purposes; and do and perform all acts and things necessary or advisable to protect existing beneficial uses of water within the district through compliance with the Republican river compact;

(f)

Make contracts with respect to the relative rights of the district under its claims and filings and the rights of any other person seeking to divert water from any of the streams within the district;

(g)

Contract with any agencies, officers, bureaus, and departments of this state and the United States, including the department of corrections, to obtain services or labor for the initiation or construction of irrigation works, canals, reservoirs, wells, pipelines, or retaining ponds within the district;

(h)

Enter upon privately owned land or other real property for the purpose of making surveys or obtaining other information, without obtaining an order to do so, if the same can be done without damage to the lands, crops, or improvements thereon;

(i)

Enter into contracts, agreements, or other arrangements with the United States government or any department thereof; with persons, railroads, or other entities; with public corporations; with the state government or a political subdivision of this or other states; with irrigation, drainage, conservation, conservancy, or other improvement districts in this or other states; with ground water management districts; or with the ground water commission for cooperation or assistance in constructing, maintaining, using, and operating the works of the district, for making surveys and investigations or related reports, or for any other purpose authorized by this article. The district may purchase, lease, or acquire land or other property in adjoining states in order to secure outlets or for other purposes of the district and may enter into contracts and spend money for securing such outlets or other works in adjoining states.

(j)

Have and exercise the power of eminent domain to acquire ditches, reservoirs, or other works, lands, or rights-of-way therefor that the district may need to carry out the plans of the district and in general to exercise any and all rights and powers of eminent domain conferred upon other agencies, as provided in articles 1 to 7 of title 38, C.R.S.;

(k)

Establish a water enterprise pursuant to article 45.1 of this title;

(l)

Make loans or grants to any public entity, nonprofit corporation, not-for-profit corporation, carrier ditch company, mutual ditch or reservoir company, unincorporated ditch or reservoir company, or cooperative association within the boundaries of the district to carry out the purposes of the district;

(m)

Impose a use fee on the diversion of water within the district or establish an annual levy for the use of water;

(n)

Establish a nonprofit or charitable land trust;

(o)

Purchase, rent, lease, and accept donations of, or cooperate in the creation of, conservation easements;

(p)

Cooperate in the creation of conservation reserve programs and other similar programs;

(q)

Exercise such implied powers and perform such other acts as may be necessary to carry out and effect any of the express powers hereby conferred upon such district as set forth in this article.

(2)

The district, in its own name, may issue revenue bonds to finance, in whole or in part, the construction of works, reservoirs, wells, pipelines, or other improvements for the beneficial use of water for the purposes for which it has been or may be appropriated and to further the purposes of the district, whether or not the interest on such bonds may be subject to taxation. Such revenue bonds shall be issued in such denominations and with such maximum net effective interest rate as may be fixed by the board and shall bear interest such that the net effective interest rate of the bonds does not exceed the maximum net effective interest rate authorized. The board shall pledge only rental proceeds, service charges, and other income, or any combination thereof, from such works or other improvements, and the district shall not be otherwise obligated for the payment thereof. At the time such revenue bonds are issued, the board shall make and enter in the minutes of the proceeding a resolution in which are set forth the due dates of such revenue bonds, the rates of interest thereon, the general provisions of the bonds, and a statement that the same are payable only out of rental proceeds, service charges, and other income, or any combination thereof. In addition, the board shall require the payment of rental charges, service charges, or other charges by the political subdivisions or persons who are to use or derive benefits from the water or other services furnished by such works or improvements. Such charges shall be sufficient to pay operation and maintenance expenses thereof, to meet the bond payments, and to accumulate and maintain reserve and replacement accounts pertaining thereto as set forth in such resolution. Such resolution shall be irrepealable during the time that any of the revenue bonds are outstanding and unpaid. The revenue bonds shall be signed “Republican River Water Conservation District, By ...................., president. Attest ...................., secretary”, and they shall be countersigned by the treasurer.

(3)

The district is authorized and required to prepare and adopt as the official plan for the district a comprehensive, detailed plan showing the nature of the improvements or works, including all canals, reservoirs, ditches, wells, and pipelines, whether within or without the district, and the estimated cost of each principal part of such system or works.

(4)

The board has full authority to devise, prepare for, execute, maintain, and operate all works or improvements necessary or desirable to complete, maintain, operate, and protect the works provided for by the official plan, and to that end may employ and secure persons and equipment under the supervision of the chief engineer or other agents or may enter into contracts for such works, either as a whole or in parts.

Source: Section 37-50-107 — General powers, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑50‑101
Legislative declaration 37‑50‑102
Definitions 37‑50‑103
Creation and name of district 37‑50‑104
Board of directors 37‑50‑105
Compensation of directors 37‑50‑106
Employees 37‑50‑107
General powers 37‑50‑108
Principal office - meetings 37‑50‑109
Authority of the board to levy taxes 37‑50‑110
Levy and collection of uniform sales and use tax 37‑50‑111
Limitations on power to levy and contract 37‑50‑112
Investment of unexpended revenues 37‑50‑113
Appointment and compensation of appraisers 37‑50‑114
Assessments - procedure in making 37‑50‑115
Collection by civil action 37‑50‑116
Assessments perpetual lien 37‑50‑117
Directors to remedy defects in assessments 37‑50‑118
Assessment record as evidence 37‑50‑119
Defects in notice perfected 37‑50‑120
Issuance of general obligation bonds 37‑50‑121
Costs - board of directors to concur 37‑50‑122
Sinking fund 37‑50‑123
Court confirmation 37‑50‑124
Election to authorize debt 37‑50‑125
Definition of elector 37‑50‑126
Elections 37‑50‑127
Election resolution 37‑50‑128
Conduct of election 37‑50‑129
Notice of election 37‑50‑130
Polling places 37‑50‑131
Election supplies 37‑50‑132
Election returns 37‑50‑133
Debt and tax levy election contests 37‑50‑134
Covenants and other provisions in bonds 37‑50‑135
Liens on pledged revenues 37‑50‑136
Rights - powers of holders of bonds - trustees 37‑50‑137
Investments and securities 37‑50‑138
Rents and charges 37‑50‑138.5
Prohibition on duplication of water use fees 37‑50‑139
Miscellaneous powers 37‑50‑140
Joint action entity 37‑50‑141
Refunding 37‑50‑142
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 37-50-107’s source at colorado​.gov