Fesability Study

• Contractor Name: Pine River Irrigation District
• Contract Type: Loan
• Loan Projects - Doc Type: Feasibility Study

C.J.S. See 94 C.J.S.,Waters, §321.
37-42-125. Fiscal year - appropriation resolution. (1) The fiscal year of each irrigation
district in this state shall commence on January 1 in each year. It is the duty of the board of
directors, in accordance with the schedule prescribed by section 39-5-128, C.R.S., to determine
the amount of money required to meet the maintenance, operating, and current expenses for the
ensuing fiscal year and to certify said amount by resolution to the board of county commissioners
of the county in which the office of the district is located, together with such additional amounts
as may be necessary to meet any deficiency in the payment of said expenses theretofore incurred.
The board of directors may fix the amount payable for any tract containing one acre or less and,
if so, similarly shall certify this amount to the board of county commissioners. The board of
directors shall also fix the amount payable by each tract within any district with which the United
States has made a contract and shall certify the same to the board of county commissioners.
(2) The amount so fixed shall be in accordance with the federal reclamation laws and the
public notices, orders, and regulations issued thereunder and shall be in compliance with any
contracts made by the United States with any owners of said lands and in compliance further
with the contracts between the district and the United States. The resolution shall be termed the
annual appropriation resolution for the next fiscal year, and any debt or liability incurred or
warrant issued in excess of the amount therein stated shall be absolutely void, except upon
express authority conferred by the landowners at a general or special election.
Source: L. 21: p. 539, § 25. C.L. § 2081. CSA: C. 90, § 456. CRS 53: § 149-2-35. L. 63: p. 1003,
§ 4. C.R.S. 1963: § 150-2-25. L. 77: (1)amended, p. 1515, § 85, effective July 15.
C.J.S. See 94 C.J.S., Waters, § §320,321,333.
37-42-126. Assessment of lands - valuation. (1) It is the duty of the county assessor of any
county embracing the whole or a part of any irrigation district to assess and enter upon his
records as assessor in its appropriate columns the assessment of all lands, including public lands
subject to assessment under the congressional act of August 11, 1916, exclusive of
improvements, situate, lying, and being within any irrigation district in whole or in part of such
county. Immediately after said assessment has been extended as provided by law, the assessor
shall make returns of the total amount of such assessment to the board of county commissioners
of the county in which the office of said district is located.
(2) All lands within the district for the purpose of taxation under this article shall be valued
by the assessor at the same rate per acre; except that in no case shall any land be taxed, or subject
to taxation, for irrigation district purposes under this article, or under any other or former law
relative to irrigation districts, which by reason of location, or the broken uneven surface, or
unsuitable character or quality of the soil is unsuitable for irrigation and cultivation, or which,
from any natural cause is not capable of irrigation and cultivation, except at a financial loss, nor
shall tracts of land of one acre or less be taxed for irrigation purposes if the board of directors of
the irrigation district has fixed an amount payable for each of such tracts. If the amount of water
available from the water system of the irrigation district is wholly insufficient for the successful
growing and maturing of crops on the entire acreage of lands within the district and susceptible
of irrigation therefrom, that fact may be alleged and, upon proof, shall entitle the owner of lands
that have never been cultivated and irrigated from the water system of such irrigation district to
the relief provided for in this article.
(3) Where a contract is entered into between the United States and an irrigation district
organized under this article providing for the payment of charges at an unequal rate per acre,
district land so affected shall not be valued by the county assessor under the foregoing provision
of this section, but in such case the county assessor shall assess such district land in accordance
with the certificate provided for in section 37-42-125 and in compliance with the terms of such
contract between the United States and the district.
Source: L. 21: p. 540, § 26. C.L. § 2082. L. 25: p. 326, § 1. CSA: C. 90, § 457. CRS 53: §