Colorado Revised Statutes

Colo. Rev. Stat. § 37-83-106 (2026)

Authority of political subdivisions to lease or exchange water

✓ current as of July 2026

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Water conservancy districts and water conservation districts which own or hold rights to water may enter into cooperative agreements with other political subdivisions of the state for the lease or exchange of water produced in the exercise of such district's water rights and the construction or use of waterworks within or outside of district boundaries, according to such terms as such district and political subdivision agree upon. Conservation districts, conservancy districts, and other political subdivisions of the state may enter into agreements with each other to provide funds or undertake measures to carry out section 37-45-118 (1)(b)(II), including agreements for the exchange or lease of such water outside the boundaries of the conservation or conservancy district. Such leases and exchanges may cover the time period necessary to amortize, or repay bonds issued for, the cost of constructing the waterworks involved, and may be renewable according to such terms as such district and political subdivision may agree upon. Any water rights leased or exchanged under this section shall be only for the time certain contained in each such agreement or extension thereof. Any water rights or changes of water rights which are necessary to implement such agreements shall be adjudicated as provided by law. If mutually agreeable, districts and other political subdivisions may submit any contractual disputes arising under this section between them to nonbinding arbitration, as they may determine. Source: L. 89: Entire section added, p. 1420, § 1, effective April 12. L. 2001: Entire section amended, p. 1278, § 50, effective June 5.

ARTICLE 84

Responsibility of User or Owner

Cross references: For the appointments and functions of water division engineers, see § 37-92-202.

Notes of Decisions

Cited in 2 cases, 1996–1999 · leading case: City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996).

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City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996). · cites it 3× “Similarly, section 37-83-106, 15 C.R.S. (1990), allows water conservancy districts to enter into cooperative agreements with other political subdivisions for the lease or exchange of water outside of district boundaries under regulated conditions.”

Santa Fe Trail Ranches Prop. Owners Ass'n v. Simpson, 990 P.2d 46 (Colo. 1999). · cites it 2× “Section 37-83-106, 10 C.R.S. (1999), recognizes that political subdivisions of the state may lease or exchange water, but the statute also cautions that any “water rights or changes of water rights which are necessary to implement such agreements shall be adjudicated as provided…”

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