(1) A conservation district, in the
exercise of its public powers, has the following powers and duties in addition to
others granted in this article, which powers and duties may be exercised by the
supervisors subject to the rules, regulations, and bylaws adopted by such district
and to the direction of the qualified voters at any regular or regularly called special
meeting of the district:
(a) To conduct surveys, investigations, and research relating to the character
of soil conservation and the preventive and control measures needed. In order to
avoid duplication of research activities, such work, where possible, shall be
conducted in cooperation with the government of this state or any of its agencies or
with the United States or any of its agencies.
(b) To conduct demonstrational projects within the district on lands owned or
controlled by the United States or the state of Colorado or any of their agencies,
with the consent of the agency administering and having jurisdiction thereof, and on
any privately owned lands within the district, upon obtaining the consent of the
owner of such lands;
(c) To erect structures and maintain any facilities to arrest or prevent the
erosion of soils or lands within such district by reason of wind or water or from any
other cause;
(d) To cooperate or enter into agreements with and, within the limit of its
available funds, to furnish financial or other aid to any agency, governmental or
otherwise, or any owner or occupant of lands within the district in the carrying on of
erosion control, flood control, and water conservation practices within the district,
subject to such conditions as the supervisors may deem necessary to advance the
purpose of this article;
(e) To obtain options upon and to acquire or acquire control of, by purchase,
exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or
personal, or rights or interests therein; to acquire real property or any interest
therein by eminent domain under the provisions of articles 1 to 7 of title 38, C.R.S.,
for projects designed exclusively for flood control, or sediment control, or both, as
authorized under Public Law 566, enacted by the eighty-third congress (1954), but
such power of eminent domain shall not be exercised by any district unless and
until not less than two-thirds of the resident landowners owning at least fifty
percent of the privately owned lands within the watershed area, as established by
the watershed work plan map, shall, by petition filed with the supervisors of the
district, approve the exercise of such power for any specified project; to maintain,
administer, and improve any properties acquired, to receive income from such
properties, and to expend such income in carrying out the purposes of this article;
and to sell, lease, or otherwise dispose of any of its property or interests therein in
furtherance of the purposes of this article;
(f) To make available to landowners and occupants within the district, on
such terms as it shall prescribe, agricultural and engineering machinery and
equipment, fertilizer, seeds and seedlings, and such other material or equipment as
will assist such landowners or occupants to carry on operations upon their lands for
the conservation of soil or water resources and for the prevention and control of soil
erosion and floods;
(g) Repealed.
(h) To accept grants, services, and materials and to borrow money from the
United States or from any corporation or agency created or designed by the United
States to loan or grant money, or from the state of Colorado or any of its
subdivisions, or from any other source, but in no event shall such district pledge the
faith or credit of the state of Colorado or any county or other political subdivision,
except that of such district. In connection with such grants or loans, it may enter
into such agreements or contracts as may be required for such purposes.
(i) To take over, by purchase, lease, or otherwise, and to administer any soil
conservation, erosion control, or erosion prevention project located within its
boundaries undertaken by the United States or any of its agencies, or by this state
or any of its agencies; to manage, as agent of the United States or any of its
agencies or of this state or any of its agencies, any soil conservation, erosion
control, or erosion prevention project within its boundaries; and to act as agent for
the United States or any of its agencies or for this state or any of its agencies in
connection with the acquisition, construction, operation, or administration of any
soil conservation, erosion control, or erosion prevention project within its
boundaries;
(j) To sue and be sued in the name of the district; to have a seal which shall
be judicially noticed; to have perpetual succession unless terminated as provided in
this article; to make and execute contracts and other instruments necessary or
convenient to the exercise of its powers; to make, and from time to time amend and
repeal, rules and regulations, not inconsistent with this article, to carry into effect
its purposes and powers;
(k) To prepare a plan for the care, treatment, and operation of the lands
within the district. This plan may be known as the district program and plan of work
and shall establish in general its objectives and serve as a guide for carrying out its
work to attain its objectives. This plan, from time to time, may be amended to meet
the needs of the district.
(l) To cause annual audits to be made in accordance with the Colorado Local
Government Audit Law;
(m) To make contributions of information, data, statistics, funds, or other
contributions valuable in the furtherance of land conservation to any state
association or other organization representing the interests of conservation
districts in the state in the accomplishment of that purpose;
(n) To sponsor, plan, construct, maintain, and operate flood prevention and
watershed improvement projects for the development, conservation, control, and
utilization of water resources and, in so doing, to have and exercise all of the
authority and power otherwise granted in this article;
(o) To participate in the formulation and implementation of nonpoint source
water pollution control programs related to agricultural practices in order to
implement programs required or authorized under federal law and section 25-8-205 (5), C.R.S., enter into contracts and agreements, accept funds from any federal,
state, or private sources, receive grants or loans, participate in education and
demonstration programs, construct, operate, maintain, or replace facilities, and
perform such other activities and adopt such rules and policies as the board deems
necessary or desirable in connection with nonpoint source water pollution control
programs related to agricultural practices.