Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0337.01 Richard Sweetman x4333
HOUSE BILL 22-1092
House Committees Senate Committees
Agriculture, Livestock, & Water Agriculture & Natural Resources
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
SENATE
3rd Reading Unamended
March 23, 2022
SENATE
Amended 2nd Reading
March 22, 2022
HOUSE
3rd Reading Unamended
March 3, 2022
HOUSE
Amended 2nd Reading
March 2, 2022
HOUSE SPONSORSHIP
Soper and Roberts, Boesenecker, Duran, Hooton, Jodeh, Kennedy, Lontine, Lynch,
McCluskie, McCormick, McLachlan, Ricks, Titone, Valdez D.
SENATE SPONSORSHIP
Bridges and Coram, Donovan, Lee, Simpson, Sonnenberg
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. In Colorado Revised Statutes, 37-41-113, add (9)20
as follows:21
37-41-113. Board of directors - duties - contracts - rules.22
(9) (a) T
HE BOARD OF DIRECTORS MAY ENTER INTO ANY OBLIGATION OR
23
CONTRACT TO BORROW MONEY , WHICH THE IRRIGATION DISTRICT MAY USE24
TO ISSUE LOANS TO LANDOWNERS :25
(I) T
O MAKE IMPROVEMENTS TO PRIVATE WATER DELIVERY
26
SYSTEMS; OR27
1092
-4- (II) FOR OTHER TYPES OF PROJECTS THAT IMPROVE :1
(A) W
ATER CONSERVATION OR EFFICIENCIES ON LANDOWNER
2
PROPERTY; OR3
(B) L
ANDOWNER DELIVERY OR DRAINAGE SYSTEMS .
4
(b) A
N OBLIGATION OR CONTRACT TO BORROW MONEY DESCRIBED
5
IN SUBSECTION (9)(a) OF THIS SECTION IS NOT SUBJECT TO THE6
REQUIREMENTS OF SUBSECTION (4) OF THIS SECTION.7
(c) T
HE BOARD OF DIRECTORS SHALL NOT ASSESS DISTRICT LAND
8
IN ORDER TO RAISE MONEY TO ISSUE LOANS PURSUANT TO THIS9
SUBSECTION (9). HOWEVER, THE BOARD OF DIRECTORS, IN ITS DISCRETION,10
MAY USE OTHER SOURCES OF MONEY FOR THE PURPOSE OF ISSUING LOANS11
AS DESCRIBED IN THIS SUBSECTION (9).12
(d) I
N CASE OF DEFAULT IN THE PAYMENT OF ANY INSTALLMENT OF
13
PRINCIPAL OR INTEREST WHEN DUE, THE COUNTY TREASURER MAY ASSESS14
UPON THE ELIGIBLE REAL PROPERTY A TAX LIEN FOR THE PAYMENT OF THE15
WHOLE OF THE UNPAID INSTALLMENT OF PRINCIPAL AND INTEREST ; EXCEPT16
THAT THE COUNTY TREASURER SHALL NOT ASSESS A TAX LIEN FOR THE17
ENTIRE VALUE OF THE LANDOWNER 'S PORTION OF THE IRRIGATION LOAN18
ISSUED BY THE WATER DISTRICT.19
(e) T
HE BOARD OF DIRECTORS MAY ADOPT RULES CONCERNING THE
20
ISSUANCE OF LOANS TO LANDOWNERS PURSUANT TO THIS SUBSECTION (9).21
SECTION 5. In Colorado Revised Statutes, amend 37-41-120 as22
follows:23
37-41-120. Fiscal year - directors to fix levy. (1) The fiscal year24
of each irrigation district in this state shall commence on January 1 in25
each year. It is the duty of the board of directors on or before October 1526
in each year to determine the amount of money required to meet the27
1092
-5- maintenance, operating, and current expenses for the ensuing fiscal year1
and to certify by resolution to the board of county commissioners of the2
county in which the office of the district is located said amount, together3
with any additional amount which may be necessary to meet any4
deficiency in the payment of said expenses theretofore incurred. The5
board of directors may fix the amount payable for any tract containing6
one acre or less and, if so, similarly shall certify this amount to the board7
of county commissioners. The board of directors shall also fix the amount8
payable by each tract within any district with which the United States has9
made a contract and shall certify the same to the board of county10
commissioners, and the amount so fixed shall be in accordance with the11
federal reclamation laws and the public notices, orders, and regulations12
issued thereunder and shall be in compliance with any contracts made by13
the United States with any owners of said lands and in compliance further14
with the contracts between the district and the United States. The15
obligation of every irrigation district contracting with the United States16
shall be deemed a district debt. Said resolution shall be termed the annual17
appropriation resolution for the next fiscal year, and no expenditure to be18
paid out of such fund shall exceed in any one year the amounts fixed for19
such expenses in the annual appropriation resolution, except as provided20
in section 37-41-129.21
(2) T
HE ANNUAL APPROPRIATION RESOLUTION DESCRIBED IN
22
SUBSECTION (1) OF THIS SECTION MUST INCLUDE THE AMOUNT OF MONEY23
NEEDED TO MEET LOAN OBLIGATIONS AND ALL AMOUNTS PAYABLE BY24
LANDOWNERS TO THE IRRIGATION DISTRICT IN ACCORDANCE WITH LOANS25
ISSUED TO THE LANDOWNERS PURS UANT TO SECTION 37-41-113 (9) AND26
SHALL INDICATE THE AMOUNT PAYABLE BY EACH TRACT WITHIN THE27
1092
-6- IRRIGATION DISTRICT FOR WHICH A LANDOWNER HAS RECEIVED A LOAN .1
SECTION 6. In Colorado Revised Statutes, 37-41-121, add (4)2
as follows:3
37-41-121. Assessor - assessment. (4) N
OTWITHSTANDING ANY
4
PROVISION OF THIS ARTICLE 41 TO THE CONTRARY, IN ADDITION TO THE5
AMOUNT DESCRIBED IN SECTION 30-1-102 (1)(p), THE COUNTY TREASURER6
SHALL RECEIVE FIVE DOLLARS PER TRACT ASSESSED PURSUANT TO7
SECTION 37-41-120 FOR LOANS ISSUED TO LANDOWNERS PURSUANT TO8
SECTION 37-41-113 (9), AND THIS FIVE DOLLARS SHALL BE ASSESSED9
AGAINST EACH PARTICIPATING TRACT .10
SECTION 7. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly; except13
that, if a referendum petition is filed pursuant to section 1 (3) of article V14
of the state constitution against this act or an item, section, or part of this15
act within such period, then the act, item, section, or part will not take16
effect unless approved by the people at the general election to be held in17
November 2022 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
1092
-7-