2020 Colorado Revised Statutes
Title 37 - Water And Irrigation
Article 46. Colorado River Water Conservation District
Section 37-46-114.5. Alternative procedure for organizing a subdistrict.

(1) (a) Notwithstanding the process for creating a subdistrict established in sections 37-46-112 to 3746-114, a petition for an election on the organization of a subdistrict may be filed with the clerk of the court that has jurisdiction over all or part of the geographic area to be represented by the proposed subdistrict. The petition must be:

1. Duly approved by the district's board of directors;

2. Approved by a unanimous vote of the members of the district's board of directorswho were appointed by the counties that lie wholly or partially within the boundaries of the proposed subdistrict; and

3. Signed by at least the lesser of ten percent or two hundred of the electors living inthe geographic area to be represented by the proposed subdistrict.

(b) The petition must include:

1. The name of the proposed subdistrict;

2. A general description of the purpose of the proposed subdistrict consistent with section 37-46-112 (2). The description need not be given by measurements and boundaries or by legal subdivision, but it must be sufficient to enable a property owner to ascertain whether the property owner's property is within the territory proposed to be organized as a subdistrict. If the proposed subdistrict is intended to promote one or more of the purposes set forth in section 3746-101, the territory of the subdistrict need not be contiguous. The boundary of the proposed subdistrict may include all or any part of any city, county, or city and county, regardless of size.

3. A statement whether any part of the proposed subdistrict is included within theboundaries of an existing subdistrict established under this article and, if so, a general description of the overlapping geographic area;

4. A general designation of any subdivisions of the subdistrict and the number of directors proposed for each subdivision; and

5. A formal request for the organization of the subdistrict by the name proposed and arequest to hold an election on the question of the organization of the subdistrict.

(2) (a) (I) On the day fixed for a hearing on the petition, or at a continuance of the hearing date, the court shall first ascertain whether the requirements of subsection (1) of this section have been satisfied.

2. The court shall not declare a petition with the requisite signatures void on account ofalleged defects in the petition, but may require the petition to be amended at any time to correct any errors, including an error in the description of the territory. If duplicate or similar petitions for the organization of a subdistrict are filed before a hearing is held on the first petition filed, the court shall regard the first and any duplicate or similar petitions as one petition.

3. If, at the hearing, it appears that the petition for the organization of a subdistrict hasbeen signed and presented in conformity with this section and that the claims of the petition are true, the court, by order entered into the record, shall direct that the question of the organization of the subdistrict be submitted at an election within the boundaries of the proposed subdistrict to be held for that purpose in accordance with the laws of this state for conducting a general election or a special election held on the first Tuesday in November of an odd-numbered year.

(b) At an election on the organization of a subdistrict, a voter may vote for or against the organization of the subdistrict. If a majority of the votes cast at the election are in favor of the organization of a subdistrict, the court shall declare the subdistrict organized and give it the corporate name designated in the petition, by which name it will be known for all proceedings. Upon organization of the subdistrict, the subdistrict will be a body corporate and political subdivision of the state of Colorado with all of the powers afforded to a subdistrict or subdivision by this article.

Source: L. 2016: Entire section added, (SB 16-145), ch. 281, p. 1150, § 2, effective August 10.