§ 37-50-104 — Board of directors

(1) (a) The district shall be managed and
controlled by a board of seventeen directors. The members of the board shall hold
their offices for terms of three years and until their successors are appointed and
qualified. A director may serve one or more terms. The boards of county
commissioners of the counties of Yuma, Phillips, Kit Carson, Washington, Sedgwick,
Lincoln, Cheyenne, and Logan shall each appoint one director. One member of the
board shall be appointed by each of the boards of the East Cheyenne, Marks Butte,
Frenchman, W-Y, Sand Hills, Central Yuma, Arikaree, and Plains ground water
management districts. One member of the board shall be appointed by the
Colorado ground water commission and must be a member of the Colorado ground
water commission.

(b) (I) Each director must be, at the time of the director's appointment:

(A) A resident of the state of Colorado;

(B) A resident of a county that is, in whole or in part, within the boundaries of
the district; and

(C) An owner of real property that is within the boundaries of the district
from which the director is appointed, as well as within the county or ground water
management district from which the director is appointed.

(II) Each director shall be appointed by either the board of county
commissioners of the county in which the director resides or by the ground water
management district in which the director resides. The director may be a member of
the board of county commissioners of such county or the board of directors of such
ground water management district. The appointments shall be made at the first
meeting of the board of county commissioners, ground water management district,
or Colorado ground water commission after the establishment of the district;
except that the directors appointed by the Cheyenne county board of county
commissioners and the East Cheyenne ground water management district must be
appointed at the first meeting of the board of county commissioners or ground
water management district, as applicable, after August 2, 2019.

(b.5) Notwithstanding any other provision of this section to the contrary, a
person may not be appointed to the board to represent a county unless the person
resides in that county.

(c) The members of the board shall annually select one of their number to
act as president and one of their number to act as vice-president, each to hold
office for one year or until a successor is duly selected.

(2) The office of a director becomes vacant when the director ceases to
reside in Colorado or within a county that is, in whole or in part, within the
boundaries of the district, or when the director no longer owns real property that is
within the boundaries of the district and within the county or ground water
management district from which the director is appointed. The office of a director
appointed by the Colorado ground water commission becomes vacant when the
director is no longer a member of the Colorado ground water commission or when
declared vacant by a majority vote of all of the members of the board when a
director has failed to attend two consecutive regular meetings without having been
excused from attendance by the president. If a vacancy occurs in the office by
reason of death, resignation, removal, or otherwise, it shall be filled for the
remainder of the unexpired term by the board of county commissioners of the
county or the ground water management district from which the director was
originally appointed. Each director shall take an oath or affirmation in accordance
with section 24-12-101.

(3) (a) Upon creation of the district, the directors shall be appointed by the
respective boards of county commissioners or ground water management districts
as provided in this section for the following terms of office:

(I) The directors from the counties of Phillips and Kit Carson and from the
Marks Butte and Arikaree ground water management districts, whose terms of
office shall expire on the date of the regular quarterly meeting of the board to be
held in October 2005, or as soon thereafter as their respective successors are
appointed and qualified;

(II) The directors from the counties of Washington, Sedgwick, and Lincoln
and from the W-Y, Central Yuma, and Plains ground water management districts,
whose terms of office shall expire on the date of the regular quarterly meeting to
be held in October 2006, or as soon thereafter as their respective successors are
appointed and qualified; and

(III) The directors from the counties of Yuma and Logan, the directors from
the Frenchman and Sand Hills ground water management districts, and the director
appointed by the ground water commission, whose terms of office shall expire on
the date of the regular quarterly meeting to be held in October 2007, or as soon
thereafter as their respective successors are appointed and qualified.

(IV) The director from the county of Cheyenne has an initial term ending on
the date of the regular quarterly meeting of the board of county commissioners to
be held in November 2021 or upon the appointment of his or her successor,
whichever occurs later. The director from the East Cheyenne ground water
management district has an initial term ending on the date of the regular quarterly
meeting of the district's board to be held in November 2020 or upon the
appointment of his or her successor, whichever occurs later.

(b) Thereafter, each director is appointed for a term of three years, and the
term expires on the date of the regular quarterly meeting to be held in November of
the year that commences during the third year of the director's term, or as soon
thereafter as a successor is duly appointed and qualified. For the purpose of
determining the expiration date, the term of the director shall be taken as having
begun on the date of the first regular November quarterly meeting at which the
term of a predecessor would have expired had the director then been duly
appointed and qualified.

Legislative History

Source: L. 2004: Entire article added, p. 1906, � 1, effective August 4. L. 2018: (2) amended, (HB 18-1138), ch. 88, p. 703, � 42, effective August 8. L. 2019: (1), (2), and (3)(b) amended and (3)(a)(IV) added, (HB 19-1029), ch. 112, p. 479, � 2, effective August 2.