§ 37-45-114 — Appointment of board of directors

(1) (a) Within thirty days
after entering the decree incorporating said district, the court shall appoint a board
of directors of the district with backgrounds reflecting the agricultural, municipal,
industrial, and other interests in the beneficial use of water within the district. Such
board shall consist of not more than fifteen persons who are residents of the
counties in which the water conservancy district is situated, all of whom shall be
the owners of real property in said district and knowledgeable in water matters.
Directors shall be appointed so as to generally achieve geographical
representation. No specific number of directors shall be required to represent any
specific interest in the beneficial use of water. In order to achieve geographical
representation, the court shall appoint a director from each county within the
district which contains more than one percent of the total land area of the district,
which person shall be the owner of real property within the district and within said
county. Based on the most recent federal census, the court shall appoint the
remaining directors, so far as practicable, in the same proportion that the
population of each county or portion thereof within the district bears to the total
population of the district. Said directors shall reside and own real property within
each county, or portion thereof within the district, which is entitled to such
proportional representation. The district shall maintain, for public inspection at its
offices during normal working hours, a current list showing the names, counties of
residence, and expiration dates of the terms of each member of the district's board
of directors. Not more than sixty days and not less than forty-five days prior to
expiration of a director's term, the conservancy district shall publish notice, once in
a newspaper of general circulation within the district, that applications for
appointment as director will be accepted by the court until thirty days prior to the
expiration of the director's term. The notice shall specify the address of the court to
which resumes may be sent, shall specify that the applicant must have resided
within the district for a period of one year and be the owner of real property within
the district, and, when applicable by decree or revised decree, shall specify that the
applicant must be the owner of real property within the particular county whose
director's term is expiring. If the organizational decree of the district provides
criteria for the appointment of board members, the provisions of this paragraph (a),
regarding geographical and population criteria for appointment, shall not apply to
districts which were created pursuant to this article prior to July 1, 1985, unless the
court enters an order pursuant to paragraph (d) of this subsection (1).

(b) At the expiration of their respective terms of office as fixed by the court,
appointments of one-third of the board, to the nearest whole number, shall be made
by said court for terms of one year; a like number shall be appointed for terms of
two years; and the remainder shall be appointed for terms of four years. Thereafter
all appointments of directors shall be for terms of four years. The court shall fill, for
the duration of the unexpired term, any vacancy which may occur on the board.
Each director shall hold office during the term for which he is appointed and until
his successor is duly appointed and has qualified and shall furnish a corporate
surety bond at the expense of the district, in the amount and form fixed and
approved by the court, conditioned for the faithful performance of his duties as
such director.

(c) In the event that any water conservancy district extends into two or more
judicial districts, or any parts thereof, the directors of such water conservancy
district shall be appointed by the presiding district judges of all such judicial
districts, who, sitting en banc, shall constitute the court for purposes of this
paragraph (c) and paragraph (a) of this subsection (1). In the event of a
disagreement regarding appointees, the presiding judge of each judicial district
shall appoint the directors from each eligible county within his judicial district.

(d) The court which entered the organizational decree of a district created
before July 1, 1985, may reopen the organizational decree in accordance with this
subsection (1). If a petition to reopen any such organizational decree is filed with the
court in which the decree was originally entered, such petition shall be signed by
the board of directors in its discretion or by the owners of ten percent of the
allocation of a district's water supply or by ten percent of the registered electors
who have resided within the district for a period of one year and who are owners of
real property within the district. The court shall promptly conduct a hearing for the
limited purpose of reviewing and revising the organizational decree, if necessary to
meet the criteria of paragraph (a) of this subsection (1), to specify the number of
directors from each county according to the criteria of paragraph (a) of this
subsection (1). After the initial reopening and revision of a decree under the
provisions of this subsection (1), such decree may be reopened and revised only
once every ten years if necessary to reflect the criteria of paragraph (a) of this
subsection (1). Any revision to the decree shall take effect upon entry, but no
provision of the revised decree shall remove a director then serving prior to the
expiration of his term. A director whose term expires after a proper petition has
been filed pursuant to this paragraph (d) shall continue to serve, and the court shall
make no appointment of a successor director until such time as a revised
organizational decree is entered pursuant to this paragraph (d) or until the court
makes a determination that no revision is necessary. The revised decree shall
stagger the terms of the directors so that no more than one-third of the terms of
the directors shall expire in any given year.

(e) Upon petition or upon its own motion, the court may remove any director
of a district board for malfeasance, misfeasance, willful neglect of duty, or any
other cause which renders such director incapable or unfit to perform the duties of
his office. Such action for removal of a director shall occur after notice and a public
hearing, unless such notice and hearing is expressly waived in writing by the
challenged director.

(2) In the event that a petition, signed by not fewer than ten percent of the
registered electors residing in a county, or portion of a county entitled to a director,
of a water conservancy district, which electors, for the purpose of this subsection
(2), are those persons entitled to vote in general elections, praying for the election
of a director from that county to fill the term of office of the specified director from
that county then about to expire, in lieu of the appointment thereof by the court,
shall be filed with the clerk of the court at any time prior to ninety days preceding
the expiration date of the term of office of such director appointed by the court, the
court shall order the holding of an election in the county, or portion of a county
entitled to a director, in the district for the purpose of filling the vacancy to be
caused by the expiration of the term of office of the director so about to expire in
lieu of the appointment of a successor by the court as provided in subsection (1) of
this section.

(3) Upon the entry of such order by the court, the clerk of the court shall
prepare a certified copy of such order and file the same with the board of directors
which shall thereafter provide for the holding of such election for the election of
such member of the board of directors in accordance with the provisions of section
37-45-139.

(4) Any director so elected shall have the qualifications required for
members of the board of directors appointed by the court and shall furnish like
bond as required of directors appointed by the court under subsection (1) of this
section.

(5) The call of such election shall be published as required by the provisions
of section 37-45-140, and such election and the canvass of returns thereof shall be
held in pursuance of the provisions of section 37-45-141.

(6) Repealed.

Legislative History

Source: L. 37: p. 1322, � 9. CSA: C. 173B, � 23. L. 45: p. 721, � 1. L. 49: pp. 735, 736, �� 1, 2. CRS 53: � 149-6-9. C.R.S. 1963: � 150-5-9. L. 64: p. 835, � 1. L. 75: (1)(b) amended, p. 1366, � 1, effective July 1. L. 85: (1)(a), (1)(c), and (2) amended, (1)(d) and (1)(e) added, and (6) repealed, pp. 1147, 1150, �� 1, 3, effective June 6. L. 96: (2) amended, p. 1036, � 1, effective May 23.