§ 37-45-125 — Levy and collection under class D

Colorado § 37-45-125

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Water Conservancy Districts

Text

(1) To levy and collect
special assessments upon lands under class D, the board shall make an allotment
of water or of capacity of specified works to petitioning owners of lands in the
district, upon which water may be beneficially used in the manner as provided in
this article, in such amount as will in the judgment of the board, together with the
present supply of water for such lands in the case of an allotment of water, or when
added to the then present supply of capacity of all other works in the case of an
allotment of capacity of specified works, make an adequate water supply for such
lands and shall fix and determine the rate and the terms at which water or capacity
of works shall be sold, leased, contracted for, or otherwise disposed of, for use on
said lands.

(2) In the event that any person or private corporation elects to purchase,
lease, contract for, or otherwise obtain the beneficial use of waters or capacity of
works of the district, such person or corporation shall petition the board for an
allotment of water or of capacity of specified works, upon terms prescribed by the
board, which petition shall contain, inter alia, the following:

(a) Name of applicant;

(b) Quantity of water or capacity of works for which allotment is sought;

(c) Descriptions of lands upon which the water or capacity of works will be
used and attached;

(d) Rate to be paid;

(e) Whether payment will be made in cash or annual installments;

(f) Agreement that the annual installments and the charges for maintenance
and operating shall become a tax lien upon the lands for which such water or
capacity of works is petitioned and allotted and to be bound by the provision of this
article and the rules and regulations of the board.

(3) (a) In its discretion the board may accept or reject said petition, but, if it
deems it for the best interest of the district that said petition be granted, the board
shall enter an order granting said petition, and from and after such order, said
petitioner shall be deemed to have agreed to the purchase, lease, contract, or other
means of acquiring the beneficial use of water or capacity of works under the terms
set forth in said petition and order. Such order shall provide for payment on the
basis of rate per unit of measure of water allotted in the case of an allotment of
water, or on the basis of rate per unit of capacity allotted in the case of an
allotment of works to said lands within the district; except that the board may
divide the district into units and fix a different rate in the respective units; and
further except that such rates shall be equitable although not necessarily equal or
uniform for like classes of services throughout the district.

(b) The board shall examine all rates charged for like classes of service
throughout the district and shall by rule and regulation adjust such rates
periodically as needed to make such rates within any such class of service
equitable.

(4) The secretary of the board shall cause notice of the filing of such petition
to be given and published, which notice shall state the filing of such petition and
give notice to all persons interested to appear at the office of the board at a time
named in said notice and show cause in writing why the petition should not be
granted. The board at the time and place mentioned in said notice, or at such time
to which the hearing on said petition may be adjourned, shall proceed to hear the
petition and objections thereto, presented in writing, by any person showing cause
why said petition should not be granted. The failure of any person interested to
show cause shall be deemed an assent on such person's part to the granting of said
petition. At its discretion, the board may accept or reject said petition; but, if it
deems it for the best interest of the district that said petition be granted, the board
shall enter an order to that effect granting said petition, and, from and after such
order, the petitioner or persons interested therein shall be deemed to have
purchased, leased, contracted for, or otherwise acquired the beneficial use of water
or capacity of works as set forth in said order.

(5) If such petition is granted, the board shall cause a certified copy of the
order granting said petition to be recorded in the county in which said lands are
located, and, thereafter, the annual installments and annual operating and
maintenance charges shall be a perpetual tax lien upon such lands. On or before
October 1 of each year, the board shall certify to the county assessor of the county
within the district in which such lands are located the amount of the annual
installments, plus a fair proportionate amount of the estimated operating and
maintenance charges apportioned to said lands for the next succeeding year, and
such county assessor shall extend the amount so certified on the tax roll as a flat
special assessment against the lands for which such water is petitioned and
allotted.

Legislative History

Source: L. 37: p. 1338, � 19. CSA: C. 173B, � 33. CRS 53: � 149-6-20. C.R.S. 1963: � 150-5-20. L. 92: (1) to (4) amended, p. 2294, � 5, effective April 2.