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PROJC01779 (2)
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PROJC01779 (2)
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Last modified
12/11/2012 10:49:02 AM
Creation date
5/12/2008 7:53:25 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C153723
Contractor Name
Orchard Mesa Irrigation District
Contract Type
Loan
Water District
72
County
Mesa
Bill Number
HB 95-1155
Loan Projects - Doc Type
Contract Documents
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<br />entity into a gpyernmental entity for Amendment 1 purposes. We <br /> <br />have repeatedly said that irrigation district special assessments <br /> <br />are not general taxes characteristic of government. See <br /> <br />Interstate Trust Co. v. Montezuma Valley Irrigation Dist., 66 <br /> <br />Colo. 219, 224, 181 P.2d 123, 125 (1919) (holding that the taxes <br /> <br />levied by irrigation districts are local or special improvement <br /> <br />assessments and not general taxes); ~ also People v. Letford, <br /> <br />102 Colo. 284, 303, 79 P.2d 274, 284 (1938) (same). While <br /> <br />general taxes exact revenue from the public at large for general <br /> <br />governmental purposes,s an irrigation district's special <br /> <br />assessment benefits specific landowners whose land the district <br /> <br />supplies with water.9 These special assessments are designated <br /> <br />to pay the expenses, including servicing debt, incurred in <br /> <br />irrigating the land. The assessments are levied in proportion to <br /> <br />land ownership and are paid only by the landowners who receive <br /> <br />S See C. B. & Q. Ry. Co. v. School Dist., 63 Colo. 159, <br />165, 165 P. 260, 263 (1917) (recognizing that" [t]he meaning of <br />the term 'government' . . . may be defined as 'the exercise of <br />authority in the administration of the affairs of a state, <br />community, 6~ society; the authoritative direction and restraint <br />exercised over the actions of [people] in communities, societies, <br />or states.''') . <br /> <br />9 See Montezuma Valley Irrigation Dist., 66 Colo. at 223- <br />25, 181 P.2d at 124-25: <br /> <br />The assessment is not based upon the value of the <br />land in the district as a whole, but is <br />apportioned ratably upon irrigable land only, <br />according to benefits, in conformity with the law <br />of special assessments, under which the district, <br />through a majority, may include land against the <br />will of its owner. <br /> <br />9 <br />
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