Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0337.01 Richard Sweetman x4333
HOUSE BILL 22-1092
House Committees Senate Committees
Agriculture, Livestock, & Water
A BILL FOR AN ACT
C
ONCERNING THE ISSUANCE OF LOANS BY IRRIGATION DISTRICTS TO101
LANDOWNERS FOR CERTAIN PURPOSES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill allows a board of directors of an irrigation
district (board) to borrow money, which the irrigation district may use to
make loans to landowners to be used to make improvements to private
water delivery systems or for other types of projects that improve:
! Water conservation or efficiencies on landowner property;
or
HOUSE
Amended 2nd Reading
March 2, 2022
HOUSE SPONSORSHIP
Soper and Roberts,
SENATE SPONSORSHIP
Bridges and Coram,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! Landowner delivery or drainage systems.
An obligation or contract to borrow such money is exempt from
the existing requirement that a contract purporting to bind the district to
pay any sum in excess of $500,000 must be ratified by a majority of all
the votes cast at a general or special election. Additionally, the district
cannot assess landowners to raise money to fund the loans.
A board may adopt rules concerning the issuance of loans to
landowners.
Section 2 requires each irrigation district to include in its annual
appropriation resolution all amounts payable by landowners to the
irrigation district in accordance with loans issued to the landowners and
indicate the amount payable by each tract within the irrigation district for
which a landowner has received a loan.
Section 3 requires a county assessor, in assessing land within an
irrigation district, to:
! Apply the information provided in the irrigation district's
annual appropriation resolution concerning loans issued to
landowners; and
! Assess the additional amount payable for each tract for
which the landowner has received a loan.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 37-42-113, add (5)2
as follows:3
37-42-113. Powers of district - loans for improvements.4
(5) (a) T
HE BOARD OF DIRECTORS MAY ENTER INTO ANY OBLIGATION OR5
CONTRACT TO BORROW MONEY , WHICH THE IRRIGATION DISTRICT MAY USE6
TO ISSUE LOANS TO LANDOWNERS :7
(I) T
O MAKE IMPROVEMENTS TO PRIVATE WATER DELIVERY8
SYSTEMS; OR9
(II) F
OR OTHER TYPES OF PROJECTS THAT IMPROVE :10
(A) W
ATER CONSERVATION OR EFFICIENCIES ON LANDOWNER11
PROPERTY; OR12
(B) L
ANDOWNER DELIVERY OR DRAINAGE SYSTEMS .13
(b) A
N OBLIGATION OR CONTRACT TO BORROW MONEY DESCRIBED14
1092-2- IN SUBSECTION (5)(a) OF THIS SECTION IS NOT SUBJECT TO THE1
REQUIREMENTS OF SUBSECTION (1)(c) OF THIS SECTION.2
(c) T
HE BOARD SHALL NOT ASSESS DISTRICT LAND IN ORDER TO3
RAISE MONEY TO ISSUE LOANS PURSUANT TO THIS SUBSECTION (5).4
H
OWEVER, THE BOARD, IN ITS DISCRETION, MAY USE OTHER SOURCES OF5
MONEY FOR THE PURPOSE OF ISSUING LOANS AS DESCRIBED IN THIS6
SUBSECTION (5).7
(d) IN CASE OF DEFAULT IN THE PAYMENT OF ANY INSTALLMENT OF8
PRINCIPAL OR INTEREST WHEN DUE, THE COUNTY TREASURER MAY ASSESS9
UPON THE ELIGIBLE REAL PROPERTY A TAX LIEN FOR THE PAYMENT OF THE10
WHOLE OF THE UNPAID INSTALLMENT OF PRINCIPAL AND INTEREST; EXCEPT11
THAT, THE COUNTY TREASURER SHALL NOT ASSESS A TAX LIEN FOR THE12
ENTIRE VALUE OF THE LANDOWNER'S PORTION OF THE IRRIGATION LOAN13
ISSUED BY THE WATER DISTRICT.14
(e) THE BOARD MAY ADOPT RULES CONCERNING THE ISSUANCE OF15
LOANS TO LANDOWNERS PURSUANT TO THIS SUBSECTION (5).16
SECTION 2. In Colorado Revised Statutes, 37-42-125, add (3)17
as follows:18
37-42-125. Fiscal year - appropriation resolution. (3) T
HE19
ANNUAL APPROPRIATION RESOLUTION DESCRIBED IN SUBSECTION (2) OF20
THIS SECTION MUST INCLUDE THE AMOUNT OF MONEY NEEDED TO MEET21
LOAN OBLIGATIONS AND ALL AMOUNTS PAYABLE BY LANDOWNERS TO THE22
IRRIGATION DISTRICT IN ACCORDANCE WITH LOANS ISSUED TO THE23
LANDOWNERS PURSUANT TO SECTION 37-42-113 (5) AND SHALL INDICATE24
THE AMOUNT PAYABLE BY EACH TRACT WITHIN THE IRRIGATION DISTRICT25
FOR WHICH A LANDOWNER HAS RECEIVED A LOAN .26
27
1092
-3- SECTION 3. In Colorado Revised Statutes, 37-42-128, amend1
(7) as follows:2
37-42-128. Collection of assessments. (7) THE COUNTY3
TREASURER SHALL RECEIVE IN THE COUNTY TREASURER 'S OFFICIAL4
CAPACITY all such district assessments collected and paid to the county5
treasurer, shall be received by said treasurer in his official capacity, and6
he shall be THE COUNTY TREASURER IS responsible for the safekeeping,7
disbursement, and payment thereof the same OF SUCH ASSESSMENTS as for8
WELL AS other moneys MONEY collected by him as such THE COUNTY9
treasurer. The county treasurer shall receive for the collection of such10
assessments such amount as the board of directors may allow, as provided11
in section 30-1-102; C.R.S. EXCEPT THAT THE TREASURER SHALL RECEIVE12
FIVE DOLLARS PER TRACT ASSESSED PURSUANT TO SECTION 37-42-125 (3)13
FOR LOANS ISSUED TO LANDOWNERS PURS UANT TO SECTION 37-42-113 (5),14
AND THIS FIVE DOLLARS SHALL BE ASSESSED AGAINST EACH15
PARTICIPATING TRACT. Any assessment collected and paid to the county16
treasurer for districts that are defunct or have not been in operation for17
five or more years shall be transferred by the county treasurer to the18
county general fund.19
SECTION 4. Act subject to petition - effective date. This act20
takes effect at 12:01 a.m. on the day following the expiration of the21
ninety-day period after final adjournment of the general assembly; except22
that, if a referendum petition is filed pursuant to section 1 (3) of article V23
of the state constitution against this act or an item, section, or part of this24
act within such period, then the act, item, section, or part will not take25
effect unless approved by the people at the general election to be held in26
1092
-4- November 2022 and, in such case, will take effect on the date of the1
official declaration of the vote thereon by the governor.2
1092
-5-