(1)(a)
Irrigation districts organized under this article 42 may sue and be sued in their
district names, and courts shall take judicial notice of their organization and
territorial extent.
(b)The board of directors may acquire, by use, prescription, appropriation,
purchase, or condemnation, property or rights of any kind, including rights-of-way,
canals, or reservoirs either projected, or partly constructed, or constructed, or the
part or whole of any contemplated, projected, partly completed system of irrigation
or waterworks, water rights, or any other property or right necessary or useful for
carrying out the objects of the irrigation district. The title to any such property so
acquired vests immediately in the irrigation district in its corporate name and is held
by the d
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(1) (a)
Irrigation districts organized under this article 42 may sue and be sued in their
district names, and courts shall take judicial notice of their organization and
territorial extent.
(b) The board of directors may acquire, by use, prescription, appropriation,
purchase, or condemnation, property or rights of any kind, including rights-of-way,
canals, or reservoirs either projected, or partly constructed, or constructed, or the
part or whole of any contemplated, projected, partly completed system of irrigation
or waterworks, water rights, or any other property or right necessary or useful for
carrying out the objects of the irrigation district. The title to any such property so
acquired vests immediately in the irrigation district in its corporate name and is held
by the district in trust for, and is hereby dedicated and set apart for, the uses and
purposes provided for in this article 42.
(c) Any contract purporting to bind the district to the payment of any sum in
excess of five hundred thousand dollars must first be ratified by a majority of all
the votes cast at a general or special election called for that purpose before it
becomes binding, and all contracts entered into by the board of directors agreeing
to a payment in excess of that amount shall be construed as being expressly
subject to this subsection (1)(c) and do not become binding upon the district until
authorized and ratified at an election called and held for that purpose; except that,
on July 1, 2022, and on July 1 of every five-year period thereafter, the board of
directors shall adjust the dollar amount specified in this subsection (1)(c) in
accordance with the percentage change over the previous five-year period in the
United States department of labor, bureau of labor statistics, consumer price index
for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor
index. The board of directors shall post the adjusted amount on its website and in
its annual reports.
(2) Where the compensation to be paid by the district to the owners of any
property that the board of directors of an irrigation district is authorized to take by
proceedings in eminent domain has been finally determined to be in excess of five
hundred thousand dollars, the courts shall give sufficient time for the submission to
and determination by the landowners of the district, at a regularly called general or
special election, of the question of whether the district shall pay the compensation
or abandon the condemnation proceedings; except that, on July 1, 2022, and on July
1 of every five-year period thereafter, the board of directors shall adjust the dollar
amount specified in this subsection (2) in accordance with the percentage change
over the previous five-year period in the United States department of labor, bureau
of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items
and all urban consumers, or its successor index. The board of directors shall post
the adjusted amount on its website and in its annual reports. If the landowners, by
majority vote of all the votes cast at the election, vote for the payment of the
compensation, the courts shall give the district the necessary additional time to pay
the compensation either by levy and collection of assessments against the lands of
the district, by the issuance and sale of bonds of the district, or by both such
methods, as may be determined at a district election.
(3) The board may also enter into any obligation or contract with the United
States for the construction or operation and maintenance of the necessary works
for the delivery and distribution of water therefrom; or for drainage of district lands;
or for the assumption, as principal or guarantor, of indebtedness to the United
States on account of district lands; or for the temporary rental of water under the
provision of the federal reclamation act and all acts amendatory thereof or
supplementary thereto and the rules and regulations established thereunder; or the
board may contract with the United States for a water supply under any act of
congress providing for or permitting such contract and may convey to the United
States as partial or full consideration therefor water rights or other property of the
district. The district also has 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 thereto, in case a majority of the lands of each
association shall be within such district, subject to the provision 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
shall be so taken over.
(4) The powers conferred by this article 42 are cumulative and are in addition
to all powers possessed by an irrigation district under the other laws of this state.
(5) (a) The board of directors may enter into any obligation or contract to
borrow money, which the irrigation district may use to issue loans to landowners:
(I) To make improvements to private water delivery systems; or
(II) For other types of projects that improve:
(A) Water conservation or efficiencies on landowner property; or
(B) Landowner delivery or drainage systems.
(b) An obligation or contract to borrow money described in subsection (5)(a)
of this section is not subject to the requirements of subsection (1)(c) of this section.
(c) The board shall not assess district land in order to raise money to issue
loans pursuant to this subsection (5). However, the board, in its discretion, may use
other sources of money for the purpose of issuing loans as described in this
subsection (5).
(d) In case of default in the payment of any installment of principal or
interest when due, the county treasurer may assess upon the eligible real property
a tax lien for the payment of the whole of the unpaid installment of principal and
interest; except that the county treasurer shall not assess a tax lien for the entire
value of the landowner's portion of the irrigation loan issued by the water district.
(e) The board may adopt rules concerning the issuance of loans to
landowners pursuant to this subsection (5).