such compensation, the necessary additional times shall be given the district wherein to pay such
<br /> compensation either by levy and collection of assessments against the lands of the district, or by
<br /> the issuance and sale of bonds of the district, or by both such methods, as may be determined at a
<br /> district election.
<br /> (3) The board may also enter into any obligation or contract with the United States for the
<br /> construction or operation and maintenance of the necessary works for the delivery and
<br /> distribution of water therefrom; or for drainage of district lands; or for the assumption, as
<br /> principal or guarantor, of indebtedness to the United States on account of district lands; or for the
<br /> temporary rental of water under the provision of the federal reclamation act and all acts
<br /> amendatory thereof or supplementary thereto and the rules and regulations established
<br /> thereunder; or the board may contract with the United States for a water supply under any act of
<br /> congress providing for or permitting such contract and may convey to the United States as partial
<br /> or full consideration therefor water rights or other property of the district. The district also has
<br /> power to take over the assets and assume the liabilities of water users' associations organized for
<br /> cooperation with the United States under the provisions of the act of congress approved June 17,
<br /> 1902 (32 Stat., 388), and acts amendatory thereto, in case a majority of the lands of each
<br /> association shall be within such district, subject to the provision that the shareholders of such
<br /> association by vote, as provided by their articles of incorporation and bylaws, shall assent and
<br /> agree that such assets and liabilities shall be so taken over.
<br /> Source: L. 21: p. 528, § 13. C.L. § 2069. CSA: C. 90, § 444. CRS 53: § 149-2-13. C.R.S. 1963:
<br /> § 150-2-13.
<br /> Am. Jur.2d. See 26 Am. Jur.2d, Eminent Domain, § § 17, 77; 45 Am. Jur.2d,
<br /> Irrigation, § 62.
<br /> C.J.S. See 94 C.J.S., Waters, §321.
<br /> Law reviews. For article, "Eminent Domain in Colorado", see 29 Dicta 313 (1952).
<br /> For note,"A Survey of Colorado Water Law",see 47 Den. L.J.226(1970).
<br /> The general assembly cannot extend the provisions of§3 of art.X,Colo. Const.,
<br /> which exempts from separate taxation ditches, canals, and flumes owned and used by
<br /> individuals or corporations for irrigating their own lands exclusively. The enactments of
<br /> such statutes are unauthorized exercises of legislative power, and the portion of this
<br /> section, insofar as it attempts to exempt the property of irrigation districts from taxation,
<br /> is unconstitutional and void. Logan Irrigation Dist. v. Holt, 110 Colo. 253, 133 P.2d 530
<br /> (1943).
<br /> The board is specifically given authority to acquire by use, purchase, or
<br /> condemnation property or rights of any kind, including canals, reservoirs, water rights
<br /> or any other property or right necessary or useful for carrying out the objects for which
<br /> the district was organized. Trinchera Ranch Co. v. Trinchera Irrigation Dist., 89 Colo.
<br /> 170,300 P. 614(1931).
<br /> 37-42-114. Landowners - evidence of ownership. (1) "Landowners", as used in this article,
<br /> shall include any persons, natural or artificial, resident or nonresident, who are citizens of the
<br /> United States and owners in fee of lands within the boundaries of any irrigation district organized
<br /> or proposed to be organized, or holders of incomplete title under contracts to purchase state or
<br /> Carey act lands, or the state board of land commissioners in care of agricultural college or public
<br /> school lands, including also entrymen or purchasers of public lands of the United States under
<br /> any of the agricultural public land laws, or the secretary of the interior in care of unentered public
<br /> lands subject to this article under the terms of an act of congress entitled "An Act to promote
<br /> reclamation of arid lands.", approved August 11, 1916, and all acts amendatory thereof or
<br /> supplemental thereto.
<br /> (2) Where such landowner is under disability, or infancy, insanity, or otherwise, or the lands
<br /> are held under administration, guardianship, conservatorship, receivership, or other similar
<br /> proceeding, the administrator, executor, guardian, conservator, receiver, or other like officer shall
<br /> be considered the "landowner" for the purposes of this article and, when authorized by the court
<br /> having jurisdiction to do so, may act in that capacity in the formation, organization, operation,
<br /> management, or dissolution of any irrigation district as any other landowner thereof.
<br /> (3) For the purposes of this article, evidence of ownership shall be prima facie established, as
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