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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 />the benefits. In summary, a 1921 Act irrigation district serves <br /> <br />the interests of landowners within the district and not the <br /> <br />general public.IO As such, it cannot be said that an increase of <br /> <br />an irrigation district's special assessment increases the burden <br /> <br />of the taxpaying public which Amendment 1 sought to regulate. <br /> <br />Supporting our conclusion that an irrigation district is not <br /> <br />a governmental entity for Amendment 1 purposes is the difference <br /> <br />between persons eligible to vote in an irrigation district <br /> <br />election and persons eligible to vote in a district under <br /> <br />Amendment 1. Amendment 1 provides that "all registered voters" <br /> <br />within a local governmental district are able to vote on taxing <br /> <br />and spending increases. See Colo. Const. art. X, ~ 20, cl. <br /> <br />(3) (b). Amendment 1 elections invoke the voter eligibility <br /> <br />provisions of Colorado Constitution Article VII, Section 1. An <br /> <br />Amendment 1 voter must be a citizen of the United States, <br /> <br />eighteen years of age or older, a resident of the state for <br /> <br />thirty days immediately preceding the election, a current <br /> <br />resident of the precinct in which the election takes place, and a <br /> <br />registered elector in the precinct. <br /> <br />See id. A voter in the <br /> <br />elections governed by Amendment 1 also may have to comply with <br /> <br />additional qualifications imposed by the legislature. See ~ 1-7- <br /> <br />10 See Holbrook Dist. v. First State Bank of Cheraw, 84 <br />Colo. 15~165, 268 P. 523, 526 (1928) ("While an irrigation <br />district is a public corporation, we do not think that it is in <br />any true sense a branch or subdivision of the sovereignty. Its <br />purposes are chiefly private, and for the benefit of private land <br />owners." ) . <br /> <br />10 <br />
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