§ 37-41-101 — Irrigation district - organization - purposes

Colorado § 37-41-101

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Irrigation District Law of 1905

Text

(1) If a majority of
the owners of the land within any district, whether residents or nonresidents, as
well as the owners in the aggregate of a majority of the lands in such district desire
to provide for the irrigation of the same and drainage work, or both, necessary to
maintain the irrigability of the land within the district, they may propose the
organization of an irrigation district under the provisions of this article. When so
organized, each district shall have the powers conferred upon such irrigation
district; except that where ditches, canals, or reservoirs have been constructed
before May 3, 1905, such ditches, canals, reservoirs, and franchises, and the lands
watered thereby, shall be exempt from the operation of this article, except such
district shall be formed to purchase, acquire, lease, or rent such ditches, canals, and
reservoirs and their franchises.

(2) An irrigation district may also be formed in order to cooperate, or a
district formed prior to May 3, 1905, may cooperate, with the United States under
the federal reclamation laws or any other federal laws enacted by the congress of
the United States which do not conflict with the constitution and laws of the state
of Colorado for the purposes of the construction of irrigation works, including
drainage works necessary to maintain the irrigability of the land, or for the
acquisition, purchase, extension, operation, or maintenance of constructed works,
or for the assumption as principal or guarantor of indebtedness to the United States
on account of district lands. When so cooperating with the United States, but only
in such cases, the lands of the district in their entirety shall become and remain
liable to assessment and levy annually until payment is made of all contract
obligations due by the district to the United States.

(3) Except when cooperating with the United States, the liabilities of an
irrigation district shall be a charge upon the land ratably, and taxes levied to pay
such liabilities shall be local or special improvement assessments. Such a district
shall also have power to take over the assets and assume the liabilities of water
users' associations organized for cooperation with the United States under the
provisions of the act of congress approved June 17, 1902 (32 Stat. 388), and acts
amendatory thereof, in case a majority of the lands of each association shall be
within such district, subject to the provisions that the shareholders of such
association, by vote as provided by their articles of incorporation and bylaws, shall
assent and agree that such assets and liabilities be so taken over. Entrymen upon
public lands of the United States within the proposed district boundaries shall be
deemed to be the owners of lands within the district for the purpose of becoming
petitioners for the organization of such irrigation district and shall share all the
privileges and obligations of private landowners within the district.

(4) All contracts between irrigation districts and the United States shall be
recorded in the office of the clerk and recorder of the county in which the office of
the irrigation district is located; except that, where the district is located in more
than one county, said contract shall be recorded with the clerk and recorder of each
county in which the district or any part thereof is located.

Legislative History

Source: L. 05: p. 246, � 1. R.S. 08: � 3440. L. 21: p. 495, � 1. C.L. � 1960. CSA: C. 90, � 377. CRS 53: � 149-1-1. C.R.S. 1963: � 150-1-1.