Colo. Rev. Stat. § 37-1-101
Short title
Articles 1 to 8 of this title shall be known and may be cited as the "Conservancy Law of Colorado".
Colorado Revised Statutes Title 37 — Water and Irrigation
Colorado · statute · Colo. Rev. Stat. tit. 37 · 1,167 active provisions
Colo. Rev. Stat. § 37-1-102
Definitions
As used in articles 1 to 8 of this title, unless the context otherwise requires: (1) "Conservancy district" means the districts created under articles 1 to 8 of this title; and the bonds which may be issued under articles 1 to 8 of this title may be called "conservancy bonds", and such designation may be engraved or pr…
Colo. Rev. Stat. § 37-1-103
Liberal construction
Articles 1 to 8 of this title, being necessary to secure and preserve the public health, safety, convenience, and welfare, and being necessary for the prevention of great loss of life and for the security of public and private property from floods and other uncontrolled waters, shall be liberally construed to effect th…
Colo. Rev. Stat. § 37-1-104
Removal of officials for cause
Any director or other officer of any district organized under articles 1 to 8 of this title may be removed for cause after a hearing upon a motion filed by any interested person in the original proceeding in which the district was organized.
Colo. Rev. Stat. § 37-1-105
Remedy by mandamus
The performance of all duties prescribed in articles 1 to 8 of this title concerning the organization and administration or operation of a conservancy district may be enforced against any officer thereof or against any person or corporation refusing to comply with any order of the board of directors, by mandamus, at th…
Colo. Rev. Stat. § 37-1-106
Early hearings
All cases in which there may arise a question of the validity of the organization of a conservancy district, or a question of the validity of any proceeding under articles 1 to 8 of this title, shall be advanced as a matter of immediate public interest and concern and heard in all courts at the earliest practicable mom…
Colo. Rev. Stat. § 37-1-107
Correction of faulty notices
(1) In every case where a notice is provided for in articles 1 to 8 of this title, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to b…
Colo. Rev. Stat. § 37-1-108
Short forms and abbreviations
(1) In any order of court the words "The court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding", shall be equivalent to a finding of the existence of each jurisdictional fact necessary to confer plenary jurisdiction upon the court and necessary from the proper sig…
Colo. Rev. Stat. § 37-1-109
Repeal - saving clause
All laws or parts of laws conflicting in any way with any of the provisions of articles 1 to 8 of this title, in regard to improvements of the character contemplated by said articles, or regulating or limiting the power of taxation or assessment, or otherwise interfering with the execution of articles 1 to 8 of this ti…
Colo. Rev. Stat. § 37-2-101
Jurisdiction of district court - purposes of districts
(1) The district court sitting in and for any county in this state has jurisdiction, when the conditions stated in section 37-2-102 are found to exist, to establish conservancy districts, which may be entirely within or partly within and partly without the judicial district in which said court is located, for any of th…
Colo. Rev. Stat. § 37-2-102
Petition
(1) The establishment of conservancy districts for the purposes and in the manner provided for in articles 1 to 8 of this title is declared to be conducive to public health, safety, convenience, and welfare. Before any conservancy district is established under articles 1 to 8 of this title, a petition shall be filed in…
Colo. Rev. Stat. § 37-2-103
Bond of petitioners
At the time of filing the petition or at any time subsequent thereto and prior to the time of the hearing on said petition, a bond shall be filed, with security approved by the court, sufficient to pay all the expenses connected with the proceedings in case the organization of the district is not effected. If at any ti…
Colo. Rev. Stat. § 37-2-104
Notice of hearing on petition
(1) Immediately after the filing of such petition, the court wherein the petition is filed shall by order fix a place and time, not less than sixty-three days nor more than ninety-one days after the petition is filed, for hearing thereon, and the clerk of the court shall cause notice by publication (Schedule Form I) to…
Colo. Rev. Stat. § 37-2-105
Protesting petitions - hearing on petitions - organization of districts
(1) At any time after the filing of a petition for the organization of a conservancy district and not less than thirty days prior to the time fixed by the order of the court for the hearing upon said petition and not thereafter, a petition may be filed in the office of the clerk of the court wherein the proceeding for…
Colo. Rev. Stat. § 37-2-106
Provisions for 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 the decre…
Colo. Rev. Stat. § 37-3-101
Appointment or election of directors
(1) (a) Except as specified in subsection (2) of this section: (I) Within thirty days after entering the decree incorporating the district, the court shall appoint as a board of directors of the district three persons who are residents of the county or counties in which the conservancy district is situated, at least tw…
Colo. Rev. Stat. § 37-3-102
Oath or affirmation - organization
Each director shall take an oath or affirmation in accordance with section 24-12-101. The board of directors shall choose one of its number as chairperson 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 member of the boar…
Colo. Rev. Stat. § 37-3-103
General powers
(1) To protect life and property within the district; and to protect or relieve land subject to overflowing or washing, or that is menaced or threatened by the normal flow, flood, surplus, or overflow of waters of any natural watercourse, stream, canyon, or wash, whether perennial, intermittent, or flood; and to effect…
Colo. Rev. Stat. § 37-3-104
General grant of power
The board of directors of any district organized under articles 1 to 8 of this title is vested with all powers necessary for the accomplishment of the purposes for which the district is organized and capable of being delegated by the general assembly of the state of Colorado; and no enumeration of particular powers gra…
Colo. Rev. Stat. § 37-3-105
Employment of agents
(1) The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board of directors 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 reco…
Colo. Rev. Stat. § 37-3-106
Regulations to protect works
(1) Where necessary, in order to secure the best results from the execution and operation of the plans of the district or to prevent damage to the district by the deterioration or misuse or by the pollution of the waters of any watercourse therein, the board of directors may make regulations for and may prescribe the m…
Colo. Rev. Stat. § 37-3-107
Quorum
A majority of the directors shall constitute a quorum, and a concurrence of the majority in any matter within their duties is sufficient for its determination.
Colo. Rev. Stat. § 37-3-108
Plans
(1) Upon its qualification, the board of directors shall prepare or cause to be prepared a plan for the improvements for which the district was created. Such plan shall include such maps, profiles, plans, and other data and descriptions as may be necessary to set forth properly the location and character of the work, a…
Colo. Rev. Stat. § 37-3-109
Execution of plans
The board of directors 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 men and equipment under the supervision of the c…
Colo. Rev. Stat. § 37-3-110
Contracts
When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars shall be advertised after notice by publication calling for bids, and the board may reject any or all bids or may let said contract to the lowest or best bidder who gives a good and approved bond with ample securit…
Page 1 of 47Next →