§ 37-45-101. Short Title

This article shall be known and may be cited as the “Water Conservancy Act”. Source: L. 37: p. 1311, § 2. CSA: C. 173B, § 16. CRS 53: § 149-6-2. L. 61: p. 843, § 1. C.R.S. 1963: § 150-5-2.

§ 37-45-102. Legislative Declaration

It is hereby declared that to provide for the conservation of the water resources of the state of Colorado and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as defined in this article by such districts are a public use and will: […]

§ 37-45-103. Definitions

As used in this article 45, unless the context otherwise requires: “Acre-foot” or “acre-feet” may be substituted by any other commonly used unit for the measurement of water when appropriate. “Board” means the board of directors of the district. “Court” means the district court of that judicial district of the state of Colorado wherein the […]

§ 37-45-104. Name of District – Bonds

The districts created under this article may be termed “water conservancy districts”, and the bonds which may be issued under this article may be called “water conservancy bonds”, and such designation may be engraved or printed on their face. Source: L. 37: p. 1311, § 2. CSA: C. 173B, § 16. CRS 53: § 149-6-2. […]

§ 37-45-105. Liberal Construction

This article, being necessary to secure and preserve the public health, safety, convenience, and welfare and for the security of public and private property, shall be liberally construed to effect the purposes of this article. Source: L. 37: p. 1358, § 39. CSA: C. 173B, § 53. CRS 53: § 149-6-41. C.R.S. 1963: § 150-5-41.

§ 37-45-106. Constitutional Construction Clause

If the courts of the state or of the United States declare any section, provision, paragraph, clause, sentence, or phrase, or part thereof, of this article invalid or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, or phrase, or part thereof, of this article, then such decision shall affect only the […]

§ 37-45-107. Repeal – Saving Clause

All acts or parts of acts conflicting in any way with any of the provisions of this article in regard to the improvements or improvement districts, or regulating or limiting the power of taxation or assessments, or otherwise interfering with the accomplishment of the purposes of this article according to its terms are declared nonoperative […]

§ 37-45-108. Jurisdiction of District Courts

The district court sitting in and for any county in this state is hereby vested with jurisdiction when the conditions stated in section 37-45-109 are found to exist to establish water conservancy districts which may be entirely within or partly within and partly without the judicial district in which said court is located for conserving, […]

§ 37-45-109. Petition

Except as provided in subsection (2.5) of this section, before any water conservancy district is established under this article having a valuation for assessment of irrigated land, together with improvements thereon within the proposed district, of twenty million dollars or more, a petition shall be filed in the office of the clerk of the court […]

§ 37-45-110. Bond of Petitioners

At the time of filing the petition or at any time subsequent thereto and prior to the time of hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all expenses, including any expenses of an election, connected with the proceedings in case the organization of the […]

§ 37-45-111. Notice of Hearing on Petition

Immediately after the filing of such petition, the court wherein such petition is filed, by order, shall fix a place and time, not less than sixty days nor more than ninety days after the petition is filed, for hearing thereon, and thereupon the clerk of said court shall cause notice by publication to be made […]

§ 37-45-112. Protests and Hearings on Petitions

At any time after the filing of a petition for the organization of a conservancy district having a valuation for assessment of irrigated land within the proposed district, together with improvements thereon, of twenty million dollars or more, a petition protesting the creation of said district may be filed in the office of the clerk […]

§ 37-45-113. Provisions for Filing and Recording Decree of Incorporation

Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall transmit to the division of local government in the department of local affairs and to the county clerk and recorder in each of the counties having lands in said district copies of the findings and […]

§ 37-45-114. Appointment of Board of Directors

Within thirty days after entering the decree incorporating said district, the court shall appoint a board of directors of the district with backgrounds reflecting the agricultural, municipal, industrial, and other interests in the beneficial use of water within the district. Such board shall consist of not more than fifteen persons who are residents of the […]

§ 37-45-115. Organization of the Board of Directors

Each director shall take an oath or affirmation in accordance with section 24-12-101. Upon taking the oath, the board shall choose one of its number chairman of the board and president of the district and shall elect some suitable person secretary of the board and of the district who may or may not be a […]

§ 37-45-116. Meetings and Records

The meetings of the board of directors of a water conservancy district shall be subject to the requirements of part 4 of article 6 of title 24, C.R.S. A majority of the directors shall constitute a quorum, and a concurrence of a majority of those in attendance, in any matter within their duties, shall be […]

§ 37-45-117. Employment of Agents

The secretary shall be custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal of the district, all certified copies of the official records and files of […]

§ 37-45-118. General Powers

The board has power on behalf of said district: To have perpetual succession; To take by appropriation, grant, purchase, bequest, devise, or lease, and to hold and enjoy water, waterworks, water rights, and sources of water supply, and any and all real and personal property of any kind within or without the district necessary or […]

§ 37-45-119. Power to Acquire Rights-of-Way

Whenever, pursuant to this article, the electors of a water conservancy district have authorized a contract with the United States for construction and acquisition of works and water rights, which contract has obligated the district to acquire rights-of-way therefor to be conveyed by the district to the United States upon reimbursement by the United States, […]

§ 37-45-120. Subdistricts

Subdistricts may be organized upon the petition of the owners of real property, within or partly within and partly without the district, which petition shall fulfill the same requirements concerning the subdistricts as the petition outlined in section 37-45-109 is required to fulfill, concerning the organization of the main district, and shall be filed with […]