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WSP10362
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Last modified
1/26/2010 2:58:32 PM
Creation date
10/12/2006 4:17:33 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
2200
Description
Laws-Acts-Policy Rulings Affecting CWCB and Colorado Water - State
State
CO
Basin
Statewide
Date
1/1/3000
Author
Corlett and Stone
Title
Article XVI - Colorado Constitution - Irrigation Provisions
Water Supply Pro - Doc Type
Report/Study
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<br />OOQ282 <br /> <br />Seotion 19 defines those affeoted under Class D whioh inoludes <br />mutual ditoh oanpan1es. individuals and private oorporations and sets <br />forth that these must apply to the board of direotors of the Conservanoy <br />Distriot for an allotment of water. <br /> <br />All of these applioations are required to set forth the quantity <br />of water to be purohEla:lc1. the prioe per aore foot to be paid. whether pay. <br />ments are to be made in oash or in annual installments and an agreement to <br />pay for such amount of water as may be allocated to appl10ants by the borrd <br />of direotors or the Conservanoy District up to the amount applied for. <br /> <br />After all these applioations have been reoeived. the board of <br />direotors of the Conservanoy District must estimate and determine the amount <br />of water available for sale. and are to allot to the various applioants so <br />muoh of the water applied for as may be available. <br /> <br />As mentioned before the Supreme Court in the Letford oase. saysl <br /> <br />"The so-oalled assessments for speoial benefits <br />provided for in olasses B. C and D of Seotion 15 <br />of the aot are unique in eharaoter and are not <br />direotly analogous to speoial assessments as they <br />generally are lmavln in ordinary local improvement <br />distriots. This difference lies in the faot that <br />under the aot the liability for these assessments <br />oan arise only by the voluntary aot of the in- <br />dividuals and oorporations affeoted." <br /> <br />and againl <br /> <br />"Speoial assessments oan CIllly arise by oon- <br />traotual relation initiated by them." <br /> <br />Seotion 20 oovers levy of general taxes for defaults and <br />defioienoies lJ.mited to not exoeeding the amount of one half mill against <br />the assessed valuation of too property looated in the distriot. <br /> <br />Assessments may be made on all or thess oontraots eaoh year by <br />the board of direotors for suoh an amount of the oontraoted prioe as may <br />be neoessary to pay the amount due the Government and mainteIUlIloe and <br />operating cost. but as the Supreme Court has said, these assessments <br />oannot exoeed the contract prioe. <br /> <br />3uoh assessments are certified to the County Treasurer in the <br />same manner as oity. irrigation district and sohool distriot taxes are <br />certified, and are levied and colleoted along with other taxes. <br /> <br />-10- <br />
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