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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 />1 Amendment 1's objective is to prevent governmental entities <br /> <br />2 from enacting taxing and spending increases above Amendment 1's <br /> <br />3 limits without voter approval. See F.T. Havens v. Board of <br /> <br />4 County Cornm'rs, 924 P.2d 517, 522 (Colo. 1996).7 Guided by this <br /> <br />5 objective, we now determine whether irrigation districts are <br /> <br />6 local governmental entities within the meaning of Amendment 1's <br /> <br />7 election requirement. <br /> <br />Irrigation districts were created "to provide means . . . <br /> <br />for bringing into cultivation the arid lands of the state and <br /> <br />making them highly productive by the process of irrigation." <br /> <br />Anderson v. Grand Valley Irrigation Dist., 35 Colo. 525, 532, 85 <br /> <br />P. 313, 315 (1906). To accomplish this objective, the <br /> <br />legislature authorized irrigation districts to levy and collect <br /> <br />special assessments at the expense of those landowners whose <br /> <br />lands were serviced by irrigation waters. See ~ 37-42-126 to - <br /> <br />127, 10 C.R.S. (1997). <br /> <br />However, legal authority to levy and obtain collection of <br /> <br />special assessments does not transform an essentially private <br /> <br />7 See also City of Wheat Ridge v. Cerveny, 913 P.2d 1110, <br />1124 (Colo. 1996) (observing that Amendment l's purpose" is to <br />place in the electorate, not government officials, control over <br />state and local government finance, spending, and taxation"); In <br />re Ballot Title "Amendment 1", 900 P.2d 121, 123 n.l (Colo. 1995) <br />(noting that Amendment 1 "was adopted by the electorate to <br />protect citizens from unwarranted tax increases"); Bickel, 885 <br />P.2d at 226 (holding that the principal purpose of Amendment 1 <br />"is to regulate the manner and extent of state and local taxation <br />and spending'); Submission of Interrogatories on Senate Bill 93- <br />74, 852 P.2d 1, 8 (Colo. 1993) (recognizing that" [a] central <br />purpose of Amendment 1 is to require voter approval for certain <br />state and local government tax increases"). <br /> <br />8 <br />
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