PROJC01779 ‎(2)‎

• 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

local governmental entity thereunder.2 Although an irrigation

district is a public corporation that exercises limited public

powers, its overall purpose is to provide ways and means of

supplying water to lands for the benefit of landowners within the

district. Due to our disposition of this initial issue, it is

unnecessary to respond to the remaining certified questions.

I. BACKGROUND

As background for our legal analysis, we discuss the

pertinent facts and legal issues stated by the district court in

its certification order.3 On March 7, 1904, the Orchard Mesa

Irrigation District (irrigation district) was formed pursuant to

the act of April 12, 1901, entitled "An Act to provide for the

organization and government of irrigation district . .

"

In

1955, the qualified electors of the irrigation district

determined by election that the irrigation district would be

governed by the Irrigation District Law of 1921. See ~~ 34-42-

101 to -141, 10 C.R.S. (1997).

2 Our holding is limited to irrigation districts operating
under the provisions of the Irrigation District Law of 1921,
~~ 37 - 4 2 -1 0 1 to -141, 10 C. R. S . (1997).

3 See C.A.R. 21.1(c) (2) (certification order shall set
forth" [a] statement of all facts relevant to the questions
certified and showing fully the nature of the controversy in
which the questions arose"); Garman v. Conoco, Inc., 886 P.2d
656,- 661 (Colo. 1994) (Erickson, J., concurring) ("Our answer to
the certified question should be limited by the record and the
question of law certified for determination.").

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