Laserfiche WebLink
<br />We agreed ~,o answer three questions certified by the United <br /> <br />States District Court for the District of Colorado (district <br /> <br />court) concerning claims relating to the formation and funding of <br /> <br /> <br />a water activity enterprise.1 We hold that an irrigation <br /> <br />district is not a "district" for purposes of Article X, Section <br /> <br />20 (Amendment 1) of the Colorado Constitution because it is not a <br /> <br />1 Pursuant to C.A.R. 21.1, this court agreed to answer the <br />following three questions: <br /> <br />1. Is an irrigation district originally formed <br />pursuant to the act of April 12, 1901, entitled <br />"An Act to provide for the organization and <br />government of irrigation districts. . .," and <br />currently operating under the provisions of the <br />Irrigation District Law of 1921, Colo. Rev. <br />Stat. ~~ 37-42-101 to 141, a "District" as that <br />term is defined at Colo. Const. art. X, ~ 20, <br />cl. (2) (b) which is required to comply with the <br />provisions of Article X, Section 20 of the <br />Colorado Constitution? <br /> <br />2. If the answer to the preceding question is in <br />the affirmative, may the board of directors of <br />an irrigation district originally formed <br />pursuant to the act of April 12, 1901, entitled <br />"An Act to provide for the organization and <br />government of irrigation districts . . . ," and <br />currently operating under the provisions of the <br />Irrigation District Law of 1921, Colo. Rev. <br />Stat. ~~ 37-41-101 to 141, create a water <br />activity enterprise by a board resolution <br />pursuant to the provisions of Article 45.1 of <br />Title 37, Colo. Rev. Stat.? <br /> <br />3. If the answer to the preceding question is in <br />the affirmative, is the water activity <br />enterprise subject to the provisions of Article <br />X, Section 20 of the Colorado Constitution? <br /> <br />4 <br />