Colorado Revised Statutes

Colo. Rev. Stat. § 37-41-101 (2026)

Irrigation district - organization - purposes

✓ current as of July 2026

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(1) If a majority of the owners of the land within any district, whether residents or nonresidents, as well as the owners in the aggregate of a majority of the lands in such district desire to provide for the irrigation of the same and drainage work, or both, necessary to maintain the irrigability of the land within the district, they may propose the organization of an irrigation district under the provisions of this article. When so organized, each district shall have the powers conferred upon such irrigation district; except that where ditches, canals, or reservoirs have been constructed before May 3, 1905, such ditches, canals, reservoirs, and franchises, and the lands watered thereby, shall be exempt from the operation of this article, except such district shall be formed to purchase, acquire, lease, or rent such ditches, canals, and reservoirs and their franchises.

(2) An irrigation district may also be formed in order to cooperate, or a district formed prior to May 3, 1905, may cooperate, with the United States under the federal reclamation laws or any other federal laws enacted by the congress of the United States which do not conflict with the constitution and laws of the state of Colorado for the purposes of the construction of irrigation works, including drainage works necessary to maintain the irrigability of the land, or for the acquisition, purchase, extension, operation, or maintenance of constructed works, or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands. When so cooperating with the United States, but only in such cases, the lands of the district in their entirety shall become and remain liable to assessment and levy annually until payment is made of all contract obligations due by the district to the United States.

(3) Except when cooperating with the United States, the liabilities of an irrigation district shall be a charge upon the land ratably, and taxes levied to pay such liabilities shall be local or special improvement assessments. Such a district shall also have power to take over the assets and assume the liabilities of water users' associations organized for cooperation with the United States under the provisions of the act of congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereof, in case a majority of the lands of each association shall be within such district, subject to the provisions that the shareholders of such association, by vote as provided by their articles of incorporation and bylaws, shall assent and agree that such assets and liabilities be so taken over. Entrymen upon public lands of the United States within the proposed district boundaries shall be deemed to be the owners of lands within the district for the purpose of becoming petitioners for the organization of such irrigation district and shall share all the privileges and obligations of private landowners within the district.

(4) All contracts between irrigation districts and the United States shall be recorded in the office of the clerk and recorder of the county in which the office of the irrigation district is located; except that, where the district is located in more than one county, said contract shall be recorded with the clerk and recorder of each county in which the district or any part thereof is located.

Source: L. 05: p. 246, § 1. R.S. 08: § 3440. L. 21: p. 495, § 1. C.L. § 1960. CSA: C. 90, § 377. CRS 53: § 149-1-1. C.R.S. 1963: § 150-1-1.

Notes of Decisions

Cited in 3 cases, 1977–1998 · leading case: Campbell v. Orchard Mesa Irr. Dist., 972 P.2d 1037 (Colo. 1998).

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Campbell v. Orchard Mesa Irr. Dist., 972 P.2d 1037 (Colo. 1998). · cites it 2× “," and currently operating under the provisions of the Irrigation District Law of 1921, Colo.Rev.Stat. §§ 37-41-101 to 141, create a water activity enterprise by a board resolution pursuant to the provisions of Article 45.”

Bijou Irrigation Dist. v. Empire Club, 804 P.2d 175 (Colo. 1991). “The District is a municipal corporation organized on April 12, 1905, pursuant to the Irrigation District Law of 1905, §§ 37-41-101 to -160, 15 C.R.S. (1990). The District acquired its interest in that portion of the reservoir site at issue here on May 9, 1907, from the United…”

Riverside Irrigation Dist. v. Lamont, 572 P.2d 151 (Colo. 1977). · cites it 3× “See section 37-41-101, C.R.S. 1973. The power of eminent domain granted to the board of directors of irrigation districts in the Irrigation District Act of 1905 also appears to clearly authorize the condemnation sought here.”

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