(1) The district is formed for the purpose of
cooperating with and assisting this state to carry out its duty to comply with the
limitations and duties imposed upon the state by the Republican river compact, and,
in furtherance of that purpose and in its corporate capacity, the district shall have
power to:
(a) Sue and be sued in the name of the Republican river water conservation
district and otherwise to participate in litigation;
(b) 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
sell and convey such property or its products as provided in this article or when the
property is no longer needed for the purposes of the district;
(c) Borrow money and incur indebtedness and issue bonds or other evidence
of such indebtedness;
(d) Accept gifts, grants, or donations of personal or real property or moneys;
(e) 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, including groundwater; locate ditches, irrigation works, wells,
pipelines, and reservoirs to store or utilize water for compact compliance purposes;
make filings upon such water; initiate appropriations for compact compliance
purposes; and do and perform all acts and things necessary or advisable to protect
existing beneficial uses of water within the district through compliance with the
Republican river compact;
(f) Make contracts with respect to the relative rights of the district under its
claims and filings and the rights of any other person seeking to divert water from
any of the streams within the district;
(g) Contract with any agencies, officers, bureaus, and departments of this
state and the United States, including the department of corrections, to obtain
services or labor for the initiation or construction of irrigation works, canals,
reservoirs, wells, pipelines, or retaining ponds within the district;
(h) Enter upon privately owned land or other real property for the purpose of
making surveys or obtaining other information, without obtaining an order to do so,
if the same can be done without damage to the lands, crops, or improvements
thereon;
(i) Enter into contracts, agreements, or other arrangements with the United
States government or any department thereof; with persons, railroads, or other
entities; with public corporations; with the state government or a political
subdivision of this or other states; with irrigation, drainage, conservation,
conservancy, or other improvement districts in this or other states; with ground
water management districts; or with the ground water commission for cooperation
or assistance in constructing, maintaining, using, and operating the works of the
district, for making surveys and investigations or related reports, or for any other
purpose authorized by this article. The district may purchase, lease, or acquire land
or other property in adjoining states in order to secure outlets or for other purposes
of the district and may enter into contracts and spend money for securing such
outlets or other works in adjoining states.
(j) Have and exercise the power of eminent domain to acquire ditches,
reservoirs, or other works, lands, or rights-of-way therefor that the district may
need to carry out the plans of the district and in general to exercise any and all
rights and powers of eminent domain conferred upon other agencies, as provided in
articles 1 to 7 of title 38, C.R.S.;
(k) Establish a water enterprise pursuant to article 45.1 of this title;
(l) 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, or cooperative association within the
boundaries of the district to carry out the purposes of the district;
(m) Impose a use fee on the diversion of water within the district or establish
an annual levy for the use of water;
(n) Establish a nonprofit or charitable land trust;
(o) Purchase, rent, lease, and accept donations of, or cooperate in the
creation of, conservation easements;
(p) Cooperate in the creation of conservation reserve programs and other
similar programs;
(q) 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 as set forth in this article.
(2) The district, in its own name, may issue revenue bonds to finance, in
whole or in part, the construction of works, reservoirs, wells, pipelines, or other
improvements for the beneficial use of water for the purposes for which it has been
or may be appropriated and to further the purposes of the district, 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 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 shall make and enter in the minutes of
the proceeding a resolution in which are set forth the due dates of such revenue
bonds, the rates of interest thereon, the general provisions of the bonds, and a
statement that the same are payable only out of rental proceeds, service charges,
and other income, or any combination thereof. In addition, the board 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 the 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 Republican River Water Conservation District, By ....................,
president. Attest ...................., secretary, and they shall be countersigned by the
treasurer.
(3) The district is authorized and required to prepare and adopt as the official
plan for the district a comprehensive, detailed plan showing the nature of the
improvements or works, including all canals, reservoirs, ditches, wells, and
pipelines, whether within or without the district, and the estimated cost of each
principal part of such system or works.
(4) The board has full authority to devise, prepare for, execute, maintain, and
operate all works or improvements necessary or desirable to complete, maintain,
operate, and protect the works provided for by the official plan, and to that end may
employ and secure persons and equipment under the supervision of the chief
engineer or other agents or may enter into contracts for such works, either as a
whole or in parts.