HOUSE BILL 22-1092
BY REPRESENTATIVE(S) Soper and Roberts, Boesenecker, Duran,
Hooton, Jodeh, Kennedy, Lontine, Lynch, McCluskie, McCormick,
McLachlan, Ricks, Titone, Valdez D., Bernett, Catlin, Cutter, Esgar, Gray,
Holtorf, Lindsay, Pelton, Will;
also SENATOR(S) Bridges and Coram, Donovan, Lee, Simpson,
Sonnenberg.
C
ONCERNING THE ISSUANCE OF L OANS BY IRRIGATION DISTRICTS TO
LANDOWNERS FOR CERTAIN PURPOSES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 37-42-113, add (5) as
follows:
37-42-113. Powers of district - loans for improvements.
(5) (a) T
HE BOARD OF DIRECTORS MAY ENTER INTO ANY OBLIGATION OR
CONTRACT TO BORROW MONEY
, WHICH THE IRRIGATION DISTRICT MAY USE
TO ISSUE LOANS TO LANDOWNERS
:
(I) T
O MAKE IMPROVEMENTS TO PRIVATE WATER DELIVERY SYSTEMS ;
OR
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (II) FOR OTHER TYPES OF PROJECTS THAT IMPROVE :
(A) W
ATER CONSERVATION OR EFFICIENCIES ON LANDOWNER
PROPERTY
; OR
(B) LANDOWNER DELIVERY OR DRAINAGE SYSTEMS .
(b) A
N OBLIGATION OR CONTRACT TO BORROW MONEY DESCRIBED
IN SUBSECTION
(5)(a) OF THIS SECTION IS NOT SUBJECT TO THE
REQUIREMENTS OF SUBSECTION
(1)(c) OF THIS SECTION.
(c) T
HE BOARD SHALL NOT ASSESS DISTRICT LAND IN ORDER TO RAISE
MONEY TO ISSUE LOANS PURSUANT TO THIS SUBSECTION
(5). HOWEVER, THE
BOARD
, IN ITS DISCRETION, MAY USE OTHER SOURCES OF MONEY FOR THE
PURPOSE OF ISSUING LOANS AS DESCRIBED IN THIS SUBSECTION
(5).
(d) I
N CASE OF DEFAULT IN THE PAYMENT OF ANY INSTALLMENT OF
PRINCIPAL OR INTEREST WHEN DUE
, THE COUNTY TREASURER MAY ASSESS
UPON THE ELIGIBLE REAL PROPERTY A TAX LIEN FOR THE PAYMENT OF THE
WHOLE OF THE UNPAID INSTALLMENT OF PRINCIPAL AND INTEREST
; EXCEPT
THAT THE COUNTY TREASURER SHALL NOT ASSESS A TAX LIEN FOR THE
ENTIRE VALUE OF THE LANDOWNER
'S PORTION OF THE IRRIGATION LOAN
ISSUED BY THE WATER DISTRICT
.
(e) T
HE BOARD MAY ADOPT RULES CONCERNING THE ISSUANCE OF
LOANS TO LANDOWNERS PURSUANT TO THIS SUBSECTION
(5).
SECTION 2. In Colorado Revised Statutes, 37-42-125, add (3) as
follows:
37-42-125. Fiscal year - appropriation resolution. (3) T
HE
ANNUAL APPROPRIATION RESOLUTION DESCRIBED IN SUBSECTION
(2) OF THIS
SECTION MUST INCLUDE THE AMOUNT OF MONEY NEEDED TO MEET LOAN
OBLIGATIONS AND ALL AMOUNTS PAYABLE BY LANDOWNERS TO THE
IRRIGATION DISTRICT IN ACCORDANCE WITH LOANS ISSUED TO THE
LANDOWNERS PURSUANT TO SECTION
37-42-113 (5) AND SHALL INDICATE
THE AMOUNT PAYABLE BY EACH TRACT WITHIN THE IRRIGATION DISTRICT
FOR WHICH A LANDOWNER HAS RECEIVED A LOAN
.
PAGE 2-HOUSE BILL 22-1092 SECTION 3. In Colorado Revised Statutes, 37-42-128, amend (7)
as follows:
37-42-128. Collection of assessments. (7) T
HE COUNTY
TREASURER SHALL RECEIVE IN THE COUNTY TREASURER
'S OFFICIAL
CAPACITY
all such
district assessments collected and paid to the county
treasurer, shall be received by said treasurer in his official capacity, and he
shall be THE COUNTY TREASURER IS responsible for the safekeeping,
disbursement, and payment thereof the same OF SUCH ASSESSMENTS as for
WELL AS other moneys MONEY collected by him as such THE COUNTY
treasurer. The county treasurer shall receive for the collection of such assessments such amount as the board of directors may allow, as provided in section 30-1-102; C.R.S.
EXCEPT THAT THE TREASURER SHALL RECEIVE
FIVE DOLLARS PER TRACT ASSESSED PURSUANT TO SECTION
37-42-125 (3)
FOR LOANS ISSUED TO LANDOWNERS PURSUANT TO SECTION 37-42-113 (5),
AND THIS FIVE DOLLARS SHALL BE ASSESSED AGAINST EACH PARTICIPATING
TRACT
. Any assessment collected and paid to the county treasurer for
districts that are defunct or have not been in operation for five or more years
shall be transferred by the county treasurer to the county general fund.
SECTION 4. In Colorado Revised Statutes, 37-41-113, add (9) as
follows:
37-41-113. Board of directors - duties - contracts - rules.
(9) (a) T
HE BOARD OF DIRECTORS MAY ENTER INTO ANY OBLIGATION OR
CONTRACT TO BORROW MONEY
, WHICH THE IRRIGATION DISTRICT MAY USE
TO ISSUE LOANS TO LANDOWNERS
:
(I) T
O MAKE IMPROVEMENTS TO PRIVATE WATER DELIVERY SYSTEMS ;
OR
(II) FOR OTHER TYPES OF PROJECTS THAT IMPROVE :
(A) W
ATER CONSERVATION OR EFFICIENCIES ON LANDOWNER
PROPERTY
; OR
(B) LANDOWNER DELIVERY OR DRAINAGE SYSTEMS .
(b) A
N OBLIGATION OR CONTRACT TO BORROW MONEY DESCRIBED
IN SUBSECTION
(9)(a) OF THIS SECTION IS NOT SUBJECT TO THE
PAGE 3-HOUSE BILL 22-1092 REQUIREMENTS OF SUBSECTION (4) OF THIS SECTION.
(c) T
HE BOARD OF DIRECTORS SHALL NOT ASSESS DISTRICT LAND IN
ORDER TO RAISE MONEY TO ISSUE LOANS PURSUANT TO THIS SUBSECTION
(9).
H
OWEVER, THE BOARD OF DIRECTORS, IN ITS DISCRETION, MAY USE OTHER
SOURCES OF MONEY FOR THE PURPOSE OF ISSUING LOANS AS DESCRIBED IN
THIS SUBSECTION
(9).
(d) I
N CASE OF DEFAULT IN THE PAYMENT OF ANY INSTALLMENT OF
PRINCIPAL OR INTEREST WHEN DUE
, THE COUNTY TREASURER MAY ASSESS
UPON THE ELIGIBLE REAL PROPERTY A TAX LIEN FOR THE PAYMENT OF THE
WHOLE OF THE UNPAID INSTALLMENT OF PRINCIPAL AND INTEREST
; EXCEPT
THAT THE COUNTY TREASURER SHALL NOT ASSESS A TAX LIEN FOR THE
ENTIRE VALUE OF THE LANDOWNER
'S PORTION OF THE IRRIGATION LOAN
ISSUED BY THE WATER DISTRICT
.
(e) T
HE BOARD OF DIRECTORS MAY ADOPT RULES CONCERNING THE
ISSUANCE OF LOANS TO LANDOWNERS PURSUANT TO THIS SUBSECTION
(9).
SECTION 5. In Colorado Revised Statutes, amend 37-41-120 as
follows:
37-41-120. Fiscal year - directors to fix levy. (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 on or before October 15 in each
year to determine the amount of money required to meet the maintenance,
operating, and current expenses for the ensuing fiscal year and to certify by
resolution to the board of county commissioners of the county in which the
office of the district is located said amount, together with any additional
amount which 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, and 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
PAGE 4-HOUSE BILL 22-1092 district and the United States. The obligation of every irrigation district
contracting with the United States shall be deemed a district debt. Said
resolution shall be termed the annual appropriation resolution for the next
fiscal year, and no expenditure to be paid out of such fund shall exceed in
any one year the amounts fixed for such expenses in the annual
appropriation resolution, except as provided in section 37-41-129.
(2) T
HE ANNUAL APPROPRIATION RESOLUTION DESCRIBED IN
SUBSECTION
(1) OF THIS SECTION MUST INCLUDE THE AMOUNT OF MONEY
NEEDED TO MEET LOAN OBLIGATIONS AND ALL AMOUNTS PAYABLE BY
LANDOWNERS TO THE IRRIGATION DISTRICT IN ACCORDANCE WITH LOANS
ISSUED TO THE LANDOWNERS PURSUANT TO SECTION
37-41-113 (9) AND
SHALL INDICATE THE AMOUNT PAYABLE BY EACH TRACT WITHIN THE
IRRIGATION DISTRICT FOR WHICH A LANDOWNER HAS RECEIVED A LOAN
.
SECTION 6. In Colorado Revised Statutes, 37-41-121, add (4) as
follows:
37-41-121. Assessor - assessment. (4) N
OTWITHSTANDING ANY
PROVISION OF THIS ARTICLE
41 TO THE CONTRARY, IN ADDITION TO THE
AMOUNT DESCRIBED IN SECTION
30-1-102 (1)(p), THE COUNTY TREASURER
SHALL RECEIVE FIVE DOLLARS PER TRACT ASSESSED PURSUANT TO SECTION
37-41-120 FOR LOANS ISSUED TO LANDOWNERS PURSUANT TO SECTION
37-41-113 (9), AND THIS FIVE DOLLARS SHALL BE ASSESSED AGAINST EACH
PARTICIPATING TRACT
.
SECTION 7. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-HOUSE BILL 22-1092 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 22-1092