(1) Such district, in its corporate capacity,
shall have power:
(a) To sue and be sued in the name of the southwestern water conservation
district;
(b) To acquire, operate, and hold in the name of the district such real and
personal property as may be necessary to carry out the provisions of this article and
to sell and convey such property or its products as provided in this article or when
said property is no longer needed for the purposes of said district;
(c) To make surveys and conduct investigations to determine the best
manner of utilizing streamflows within the district and the amount of such
streamflow or other water supply, and to locate ditches, irrigation works, and
reservoirs to store or utilize water for irrigation, mining, manufacturing, or other
purposes, and to make filings upon said water and initiate appropriations for the
use and benefit of the ultimate appropriators, and to perform all acts and things
necessary or advisable to secure and ensure an adequate supply of water, present
and future, for irrigation, mining, manufacturing, and domestic purposes within said
districts;
(d) To make contracts with respect to the relative rights of said district under
its claims and filings and the rights of any other person, association, or organization
seeking to divert water from any of the streams within said district;
(e) To contract with any agencies, officers, bureaus, and departments of the
state of Colorado and the United States, including the department of corrections, to
obtain services or labor for the initiation or construction of irrigation works, canals,
reservoirs, power plants, or retaining ponds within said district;
(f) To enter upon any privately-owned land or other real property for the
purpose of making surveys or obtaining other information, without obtaining any
order so to do, but without causing any more damage than is necessary to crops or
vegetation upon such land;
(g) To organize special assessment districts at different times for the
purpose of establishing effective agencies to secure funds to construct reservoirs
or other irrigation works under various types and plans of financing, including
among others, by issuance of revenue warrants only, by the issuance of bond or
revenue obligations constituting a lien up to a specified amount against the lands in
said special improvement district, and payable out of special assessments or by
general obligations of such special improvement districts;
(h) To contract with the United States government, the bureau of
reclamation, or other agencies of the United States government for the
construction of any such works and the issuance of such obligations as the special
improvement districts may have the power to issue in payment of costs of
construction and maintenance of said works;
(i) To exercise the power of eminent domain to acquire ditches, reservoirs, or
other works or lands or rights-of-way therefor which said district or any subdivision
thereof, or special improvement districts created pursuant to the power conferred,
may need to carry out the plans of said district or the improvement districts therein,
and in general to exercise all rights and powers of eminent domain conferred upon
other agencies as provided in articles 1 to 7 of title 38, C.R.S.;
(j) To file upon and hold for the use of the public sufficient water of any
natural stream to maintain a constant streamflow in the amount necessary to
preserve fish, and to use such water in connection with retaining ponds for the
propagation of fish for the benefit of the public;
(j.5) To make loans or grants to any public entity, nonprofit corporation, not-for-profit corporation, carrier ditch company, mutual ditch or reservoir company,
unincorporated ditch or reservoir company, and cooperative association within the
boundaries of the district to carry out the purposes of the district;
(k) To exercise such implied powers and perform such other acts as may be
necessary to carry out and effect any of the express powers hereby conferred upon
such district;
(l) To participate in the formulation and implementation of nonpoint source
water pollution control programs related to agricultural practices in order to
implement programs required or authorized under federal law and section 25-8-205 (5), C.R.S., enter into contracts and agreements, accept funds from any federal,
state, or private sources, receive grants or loans, participate in education and
demonstration programs, construct, operate, maintain, or replace facilities, and
perform such other activities and adopt such rules and policies as the board deems
necessary or desirable in connection with nonpoint source water pollution control
programs related to agricultural practices.
(2) The district, in its own name, may issue revenue bonds to finance, in
whole or part, the construction of works, reservoirs, or other improvements for the
beneficial use of water for the purposes for which it has been or may be
appropriated, whether or not the interest on such bonds may be subject to taxation.
Such revenue bonds shall be issued in such denominations and with such maximum
net effective interest rate as may be fixed by the board of directors of the district
and shall bear interest such that the net effective interest rate of the bonds does
not exceed the maximum net effective interest rate authorized. The board shall
pledge only rental proceeds, service charges, and other income (or any combination
thereof) from such works or other improvements, and the district shall not be
otherwise obligated for the payment thereof. At the time such revenue bonds are
issued, the board of directors of the district shall make and enter in the minutes of
the proceeding a resolution in which the due dates of such revenue bonds, the rates
of interest thereon, the general provisions of the bonds, and a recital that the same
are payable only out of rental proceeds, service charges, and other income (or any
combination thereof) are set forth. In addition, the board of directors shall require
the payment of rental charges, service charges, or other charges by the political
subdivisions or persons who are to use or derive benefits from the water or other
services furnished by such works or improvements. Such charges shall be sufficient
to pay operation and maintenance expenses thereof, to meet said bond payments,
and to accumulate and maintain reserve and replacement accounts pertaining
thereto as set forth in such resolution. Such resolution shall be irrepealable during
the time that any of the revenue bonds are outstanding and unpaid. The revenue
bonds shall be signed Southwestern Water Conservation District, By ............,
President. Attest .................., Secretary, and they shall be countersigned by the
treasurer.