37-20-101. Legislative declaration.

Statute text

It is declared by the general assembly that the reclamation by drainage of lands not at present cultivatable or useful or fully so will be conducive to the public health, convenience, utility, or welfare. The owners of agricultural lands susceptible of drainage by the same general system of works may propose the organization of a drainage district by presenting to the board of county commissioners of the county where the larger portion of said lands lie a petition giving the name of the proposed district and praying that the board of county commissioners cause the question of the organization of said district to be submitted to a vote of the owners of the lands lying within the boundaries thereof or that a drainage system may be established without election, as provided in section 37-20-110.

History

Source: L. 11: p. 311, 1. C.L. 2107. CSA: C. 57, 1. CRS 53: 47-1-1. C.R.S. 1963: 47-1-1.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Legal Classification of Special District Corporate Forms in Colorado", see 45 Den. L.J. 347 (1968). For article, "What Constitutes 'Benefits' for Urban Drainage Projects", see 51 Den. L.J. 551 (1974). For comment, "Water: Statewide or Local Concern? City of Thornton v. Farmers Reservoir & Irrigation Co.", see 56 Den. L.J. 625 (1979).

A drainage district is not a mere subdivision of the state or state agency for public purposes and may be sued. Colo. Inv. & Realty Co. v. Riverview Drainage Dist., 83 Colo. 468, 266 P. 501 (1928).

The primary purpose of drainage districts is to benefit the land owners by making their lands productive, or more productive, as the case may be, and therefore more valuable. The benefit to the public, though substantial, is incidental to the main purpose sought to be accomplished. Colo. Inv. & Realty Co. v. Riverview Drainage Dist., 83 Colo. 468, 266 P. 501 (1928).

The drainage act does not contemplate the inclusion within a drainage district of lands which would not be benefited by the drainage system, and the inclusion of which would not be conducive to the public welfare. Coates v. Bd. of Comm'rs, 71 Colo. 241, 205 P. 943 (1922).

The land owners are permitted, not compelled, to organize drainage districts. Colo. Inv. & Realty Co. v. Riverview Drainage Dist., 83 Colo. 468, 266 P. 501 (1928).

For sufficient complaint to restrain inclusion in drainage district, see Coates v. Bd. of Comm'rs, 71 Colo. 241, 205 P. 943 (1922).