§ 37-21-114 — Construction of system - contracts

(1) The board of directors
may cause surveys to be made for ditches for drainage works and rights-of-way for
said district; may cause drainage or irrigation ditches, work, rights-of-way, and
other property necessary for said district to be laid out, constructed, purchased,
and acquired by condemnation or otherwise; and may appropriate, divert, and use
waters for beneficial purposes, including any water gathered in or discharged by
the works of any such district, under the same rules as to ownership, title,
appropriation, priority, and adjudication of priorities as are applicable to individuals.
The district shall file applications for water rights, changes of water rights, and
plans for augmentation as provided in section 37-92-302.

(2) The board of directors has no power to make any contract or authorize
any expenditure involving more than fifty thousand dollars unless such contract or
expenditure is authorized, approved, and ratified in writing by owners of land in said
drainage district equal in number to a majority of the votes cast at the last district
election; and no contract or expenditure involving more than one hundred thousand
dollars shall be made or be binding unless the question of making said contract or
expenditure has been submitted and said expenditure authorized at an election in
said district. The board of directors shall not violate the spending limitations
specified in section 29-1-301, C.R.S.

(3) The board of directors has the power and authority, without advertising
for bids as required by section 37-24-101, to enter into contracts either with the
state of Colorado or with the United States, or both, jointly, for any and all surveys,
plans, and specifications for a proposed drainage ditch, system, or works and also
for the construction in whole or in part of such drainage ditch, system, or works.
Such contracts shall provide for the payment by such drainage district to the state
of Colorado or the United States, or both, as the case may be, of the actual cost of
making such surveys, plans, and specifications and the actual cost of construction
of such drainage ditch, system, or works, by such amounts as shall be agreed upon
in such contracts. Any such contracts shall not become effective and binding upon
any such drainage district until the question of making such contracts is submitted
to and authorized at an election of the qualified electors of said district.

Legislative History

Source: L. 11: p. 316, � 23. L. 15: p. 294, � 1. C.L. � 2130. L. 23: p. 279, � 1. CSA: C. 57, � 24. CRS 53: � 47-2-3. L. 55: p. 292, � 1. C.R.S. 1963: � 47-2-3. L. 73: p. 1403, � 35. L. 88: (2) amended, p. 1225, � 2, effective March 17.