§ 35-70-107 — Board of supervisors - election - term

(1) (a) (I) The governing
body of the district shall consist of a board of supervisors, who shall be elected by
the qualified electors of the district at an election conducted as provided in section
35-70-105. Each board shall consist of not less than five and not more than eleven
supervisors, which number shall be specified in the bylaws of the district.

(II) At least sixty-six percent of the supervisors of each district shall be
agricultural producers who are landowners in the district; except that, if the district
cannot find the requisite percentage of agricultural producers, the district may
petition the state board for an exemption from the percentage requirement.

(III) Each supervisor shall serve for a term of four years; except that each
district's board shall provide for the staggering of supervisorial terms so that the
terms of no more than a simple majority of supervisors expire at any one time.
Supervisors serving on July 1, 1995, shall continue to serve the terms for which they
were elected or appointed.

(b) Subject to the provisions of paragraph (a) of this subsection (1), no one
shall be eligible to become a candidate for election as a member of the board of
supervisors of any such district unless such person is a landowner in and a qualified
elector of the district, including a renter or manager of the landowner's land
pursuant to section 35-70-104 (4), or the duly authorized representative of a
corporation owning lands within the district.

(2) The business of the district shall be transacted by the supervisors as
provided in this article and in the district's bylaws. All special and regular meetings
of the board of supervisors shall be held at locations which are within the
boundaries of the district or which are within the boundaries of any county in which
the district is located, in whole or in part, or in any county so long as the meeting
location does not exceed twenty miles from the district boundaries. The provisions
of this subsection (2) governing the location of meetings may be waived only if the
following criteria are met:

(a) The proposed change of location of a meeting of the board appears on
the agenda of a regular or special meeting of the board; and

(b) A resolution is adopted by the board stating the reason for which a
meeting of the board is to be held in a location other than under the provisions of
this subsection (2) and further stating the date, time, and place of such meeting.

(3) Members of the board of supervisors are entitled to travel expenses and
other expenses necessarily incurred in the discharge of their duties, such
reimbursement to be payable only from the income of the district. A supervisor is
not personally liable for the consequences of the supervisor's official acts. A
supervisor shall not receive, by virtue of the supervisor's office, any benefits from
the conduct of the affairs of the district other than the benefits a landowner may be
entitled to receive from the operation of the district.

(4) If a vacancy occurs on the board of supervisors, the remaining
supervisors shall appoint a successor for the remainder of the term of the seat
vacated. In the event a supervisor ceases to be a qualified voter of and landowner in
the district or the corporation that the supervisor represents ceases to be an owner
of lands within the district, the supervisors shall declare a vacancy and proceed to
appoint a successor.

Legislative History

Source: L. 37: p. 1177, � 7. CSA: C. 149A, � 7. L. 41: p. 695, � 1. L. 49: p. 672, � 5. CRS 53: � 128-1-7. C.R.S. 1963: � 128-1-7. L. 82: Entire section R&RE, p. 530, � 6, effective January 1, 1983. L. 84: (1)(a) amended, p. 948, � 1, effective April 5. L. 90: (2) amended, p. 1500, � 12, effective July 1. L. 95: (1) amended, p. 306, � 2, effective July 1. L. 2025: (1)(a)(I) amended, (SB 25-275), ch. 377, p. 2098, � 293, effective August 6; (3) and (4) amended, (HB 25-1084), ch. 24, p. 143, � 174, effective August 6.