Colorado § 37-45-102 - Legislative declaration.

§ 37-45-102. Legislative declaration.

(1) It is hereby declared that to provide for the conservation of the water resources of the state of Colorado and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as defined in this article by such districts are a public use and will:

(a) Be essentially for the public benefit and advantage of the people of the state of Colorado;

(b) Indirectly benefit all industries of the state;

(c) Indirectly benefit the state of Colorado in the increase of its taxable property valuation;

(d) Directly benefit municipalities by providing adequate supplies of water for domestic use;

(e) Directly benefit lands to be irrigated from works to be constructed;

(f) Directly benefit lands now under irrigation by stabilizing the flow of water in streams and by increasing flow and return flow of water to such streams;

(g) Promote the comfort, safety, and welfare of the people of the state of Colorado.

(2) It is therefore declared to be the policy of the state of Colorado:

(a) To control, make use of, and apply to beneficial use all unappropriated waters originating in this state to a direct and supplemental use of such waters for domestic, manufacturing, irrigation, power, and other beneficial uses;

(b) To obtain from water originating in Colorado the highest duty for domestic uses and irrigation of lands in Colorado within the terms of interstate compacts;

(c) To cooperate with the United States under the federal reclamation laws and other agencies of the United States government for the construction and financing of works in the state of Colorado as defined in this article, and for the operation and maintenance thereof;

(d) To promote the greater prosperity and general welfare of the people of the state of Colorado by encouraging the organization of water conservancy districts as provided in this article.

(3) It is further declared that:

(a) The development, use, and conservation of water within this state is inextricably tied to the development and construction of works as defined in this article;

(b) The development and construction of such works shall be deemed to be the development, use, and conservation of water; and

(c) Such works are deemed to be a public use essential for the public benefit of the people of this state.

Source: L. 37: p. 1309, § 1. CSA: C. 173B, § 15. CRS 53: § 149-6-1. C.R.S. 1963: § 150-5-1. L. 92: (3) added, p. 2291, § 1, effective April 2.

ANNOTATION

I. General Consideration.

II. Constitutionality.

I. GENERAL CONSIDERATION.

Law reviews. For article, "When Corporate Stock Becomes Real Estate", see 21 Dicta 53 (1944). For article, "Water Conservancy Districts", see 22 Rocky Mt. L. Rev. 432 (1950). For article, "Irrigation Corporations", see 32 Rocky Mt. L. Rev. 527 (1960). For article, "Legal Classification of Special District Corporate Forms in Colorado", see 45 Den. L.J. 347 (1968).

This section declares the public policy of the state to be that of encouraging the organization of water conservancy districts. People ex rel. Dunbar v. S. Platte Water Conservancy Dist., 139 Colo. 503, 343 P.2d 812 (1959).

Not every proposed water district is worthy of public sanction. People ex rel. Dunbar v. S. Platte Water Conservancy Dist., 139 Colo. 503, 343 P.2d 812 (1959).

The general assembly has not stated that district formation, per se, is desirable. People ex rel. Dunbar v. S. Platte Water Conservancy Dist., 139 Colo. 503, 343 P.2d 812 (1959).

Districts are state agencies and constitute a public purpose. The objects of this and following sections are of sufficient public benefit and advantage to the people of Colorado as a whole to constitute a public purpose and the water conservancy districts authorized by the act are state agencies and public corporations, and in them are vested powers which have come to be associated with true municipal corporations, including the power of taxation to further its purpose. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938); Kistler v. N. Colo. Water Conservancy Dist., 126 Colo. 11, 246 P.2d 616 (1952).

The general assembly, as a matter of public policy, believed that the formation of a conservancy district under the standards set forth in the act would further the public interest. People ex rel. Dunbar v. S. Platte Water Conservancy Dist., 139 Colo. 503, 343 P.2d 812 (1959).

The functions of a water conservancy district are in no sense the functions of a state subdivision like counties, cities, and school districts. N. Colo. Water Conservancy Dist. v. Witwer, 108 Colo. 307, 116 P.2d 200 (1938).

A water utility has a duty to supply water to its customers under subsection (3)(c) because the conservation and development of water resources is a "public use essential for the public benefit". Unreasonable interference with a utility pipeline easement necessary to supply water allows the trial court to award pipeline relocation expenses to the water utility. Ute Water Conservancy Dist. v. Fontanari, 2022 COA 125M, 524 P.3d 308.

Applied in Se. Colo. Water Conservancy Dist. v. Huston, 197 Colo. 365, 593 P.2d 1347 (1979).

II. CONSTITUTIONALITY.

This section and following sections, constituting the water conservancy act, do not violate § 35 of art. V, Colo. Const., as the board of directors of a water conservancy district is not a "special commission" within the meaning of the appellation of that constitutional provision. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938).

Such sections do not violate § 1 of art. XI, Colo. Const. The contention that this and following sections constituting the water conservancy act, constitute a pledge of the credit of cities and towns within a water conservancy district, contrary to the provisions of § 1 of art. XI is overruled. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938).

This section and following sections, constituting the water conservancy act, do not violate § 8 of art. XI, Colo. Const., since only debts contracted for the supply of water to a city or town are expressly excepted by the constitutional provision. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938).

Section 8 of art. XI, Colo. Const., has no application. This and following sections constituting the water conservancy act do not contravene § 8 of art. XI as the latter section has no application to independent entities such as water conservancy districts. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938).

Such sections do not violate § 14 of art. X, Colo. Const. The provision of the water conservancy act that the board of directors of a water conservancy district shall have power to levy and collect assessments upon people within the district does not violate § 14 of art. X since that section means only that a creditor of a municipality may not levy upon and sell private property of individuals within the corporation to pay the debts of the municipality. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938).

Since § 13 of art. XIV, Colo. Const., provides only for the organization of cities and towns, consequently water conservancy districts do not come within the purview of the constitutional provision. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938).

In addition, since § 14 of art. XIV, Colo. Const., provides that cities and towns created under special local laws may elect to become governed by the general laws of the state relating to such corporations, the constitutional provision is not applicable to water conservancy districts created under this and following sections. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938).

This article does not violate art. III, Colo. Const. In an action involving the validity of this and following sections, constituting the water conservancy law, the contention that the act delegates nonjudicial functions to the district court in violation of art. III is overruled. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P.2d 274 (1938).