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Home » US Law » 2022 Colorado Code » Title 37 - Water and Irrigation » Article 5 - Financial Administration

§ 37-5-101. Funds

The moneys of every conservancy district organized under articles 1 to 8 of this title shall consist of the following separate funds: “Preliminary funds” means the proceeds of the level rate assessment authorized by section 37-5-102. “Construction fund” means the proceeds of levies made against the special benefits appraised, equalized, and confirmed under the provisions […]

§ 37-5-102. Preliminary Fund

As soon as any district has been organized under articles 1 to 8 of this title and a board of directors has been appointed and qualified, such board has the authority to fix the amount of an assessment upon the property within the district not to exceed one mill for every dollar of valuation for […]

§ 37-5-103. Power to Borrow Money for the Preliminary Fund

In order to facilitate the preliminary work, the board of directors may borrow money at a net effective interest rate as determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidences of debt, in this article called “warrants”, and may […]

§ 37-5-104. Construction Fund

After the list of property, with the appraised benefits as approved by the court or that part thereof from which no appeal is pending, has been filed with the secretary of the district, then from time to time, as the affairs of the district may demand, the board of directors shall levy on all property […]

§ 37-5-104.5. Determination of Special Benefits – Factors Considered

The term “benefit”, for the purposes of assessing a particular property within a conservancy district particularly with respect to regulating streamflow to control floods, includes, but is not limited to, the following: Any increase in the market value of the property; The provision for accepting the burden from specific dominant property for discharging surface water […]

§ 37-5-105. Payment of Assessments

When the construction fund assessment record is placed on file in the office of the district, notice by publication shall be given to property owners that they may pay their assessments. Any owners of real property assessed for the execution of the official plan under the provisions of articles 1 to 8 of this title […]

§ 37-5-106. Conservancy Bonds

The board of directors may, if in its judgment it seems best, issue conservancy bonds (Schedule Form IV) in an amount not to exceed ninety percent of the total amount of the construction fund assessment, exclusive of interest, levied under the provisions of articles 1 to 8 of this title, in denominations of not less […]

§ 37-5-107. Maintenance Fund

To maintain, operate, and preserve the improvements made pursuant to articles 1 to 8 of this title, and to strengthen, repair, and restore the same when needed, and for the purpose of defraying the current expenses of the district, the board of directors may, upon the substantial completion of said improvements, or any unit thereof, […]

§ 37-5-108. Power to Borrow Money for the Maintenance Fund

In anticipation of the collection of maintenance assessments, the board of directors may borrow money at a net effective interest rate determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidence of debt, in this article called “warrants”, and may […]

§ 37-5-109. Readjustment of Maintenance Fund Assessments

Whenever the owners or representatives of twenty-five percent or more of the acreage or value of the lands in the district file a petition in the court in which the original petition was filed, stating that there has been a material change in the values of the property in the district since the last previous […]

§ 37-5-110. Levies

After the expiration of the sixty-day period in which persons interested may pay the whole construction fund assessment, and each year thereafter if necessary to effectuate the provisions of this article, the board of directors shall determine, order, and levy the total assessments to be collected annually under articles 1 to 8 of this title […]

§ 37-5-112. Collection by Civil Action

In addition to all other remedies for collection of assessments provided by this article, and cumulative therewith, the conservancy district may at any time after three years from the issuance of any certificate of purchase held by the district bring a civil action to foreclose the lien for assessments represented by all certificates of purchase […]

§ 37-5-113. Bond of County Treasurer

Before receiving the assessment record, the treasurer of each county in which lands or other property of the district is located shall execute to the conservancy district a bond with at least two good and sufficient sureties, or a corporate surety company, the cost of which shall be paid by the district in a sum […]

§ 37-5-114. Lien of Conservancy Assessments

All conservancy assessments provided for in articles 1 to 8 of this title, together with all interest thereon and all penalties for default in payment of the same and all costs in collecting the same, shall, from the date of filing the certificate of the preliminary fund assessment with the board of county commissioners, and […]

§ 37-5-115. Assessment Records Prima Facie Evidence

The record of assessments contained in the respective assessment records of the district shall be prima facie evidence in all courts of all matters therein contained. Source: L. 22: p. 61, § 53. C.L. § 9567. CSA: C. 138, § 178. CRS 53: § 30-5-15. C.R.S. 1963: § 29-5-15.

§ 37-5-116. Remedy for Defective Assessments

If any assessment made under the provisions of articles 1 to 8 of this title proves invalid, the board of directors shall, by subsequent or amended acts or proceedings, promptly and without delay remedy all defects or irregularities, as the case may require, by making and providing for the collection of new assessments or otherwise. […]

§ 37-5-117. Duties of Officers of Public Corporations as to Assessments

Whenever, under the provisions of articles 1 to 8 of this title, an assessment is levied against a public corporation, as defined in said articles, and is finally determined, it is the duty of the governing or taxing body of such public corporation immediately to take all the legal and necessary steps to provide for […]

§ 37-5-118. Penalty for Failure of Treasurer to Pay Over Tax

If any county treasurer or other person entrusted with the collection of any assessment made under the provisions of articles 1 to 8 of this title refuses, fails, or neglects to make prompt payment of the assessments, or any part thereof, collected under said articles to the treasurer of the district upon his presentation of […]

§ 37-5-119. Surplus Funds and Annual Reports

Any surplus funds in the treasury of the district may be used for retiring bonds, reducing the rate of assessment, or for accomplishing any other of the legitimate objects of the district. At least once a year, or oftener if the court orders, the board of directors shall make a report to the court of […]