§ 36-3-121 — Patent - water lien - foreclosure - deed

(1) Upon the issuance of a
patent to any lands by the United States to the state, notice shall be forwarded to
the settler upon such land. It is the duty of the board, under the signature of its
president and attested by its secretary, to issue a patent to said lands from the
state to the settler. All water rights acquired under the provisions of this article
shall attach to and become appurtenant to the land as soon as the title passes from
the United States to the state.

(2) Any person, company, association, or incorporated company furnishing
water for any tract of land shall have a first and prior lien on the water right and
land upon which the water is used, for all deferred payments for the water right.
The lien shall be in all respects prior to any other liens created or attempted to be
created by the owner and possessor of said land. The lien shall remain in full force
until the last deferred payment for the water right is fully paid and satisfied
according to the terms of the contract under which the water right was acquired.
The contract for the water right upon which the lien is founded shall be recorded in
the office of the county clerk and recorder of the county where the land is situate.

(3) Upon default of any of the deferred payments secured by any lien under
the provisions of this article, the person, company of persons, association, or
incorporated company holding or owning said lien may foreclose the same
according to the terms and conditions of the contract granting and selling to the
settler the water right. All sales shall be advertised in a newspaper of general
circulation, published in the county where the land and water right is situate, for six
consecutive weeks, and shall be sold to the highest bidder at the front door of the
courthouse of the county or such place as may be agreed upon by the terms of the
contract. The sheriff of the county shall give all notices of sale and sell all property
and make and execute a good and sufficient deed to the purchaser. At the sale, no
person, company of persons, association, or incorporated company, owning or
holding any lien, shall bid in or purchase any land or water right at a price less than
the amount due on the deferred payment for the water right and land and the costs
incurred in making the sale of said land and water right. The sheriff shall execute a
certificate of sale as in case of sale on execution, subject in all respects to
redemption as in such case; and if not redeemed the sheriff shall execute a deed as
upon sale on execution.

Legislative History

Source: L. 1895: p. 166, � 19. R.S. 08: � 5156. C.L. � 1141. CSA: C. 134, � 39. CRS 53: � 112-2-21. C.R.S. 1963: � 112-2-21.