37-45-134. Additional powers.

Statute text

(1) The board has the following powers concerning the management, control, delivery, use, and distribution of water by the district:

(a) To make and enforce all reasonable rules and regulations for the management, control, delivery, use, and distribution of water;

(b) To withhold the delivery of water upon which there are any defaults or delinquencies of payment;

(c) To provide for and declare forfeitures of rights to the use of water upon default or failure to comply with any order, contract, or agreement for the purchase, lease, or use of water and to resell, lease, or otherwise dispose of water upon which forfeiture has been declared;

(d) To allocate and reallocate the use of water to lands within the district;

(e) To provide for and grant the right, upon terms, to transfer water from lands to which water has been allocated to other lands within the district and to discharge liens from lands to which the same was theretofore attached and to create liens, as provided in this article, upon lands to which the use of such water is transferred.

History

Source: L. 37: p. 1347, 28. CSA: C. 173B, 42. CRS 53: 149-6-29. C.R.S. 1963: 150-5-29.

Annotations

 

ANNOTATION

Annotations

This section granted the northern Colorado water conservancy district (NCWCD) the authority to enact rules and regulations that implement the limitations placed on the distribution of Colorado-Big Thompson (CBT) water by the Water Conservancy Act and the 1938 repayment contract between the United States and the NCWCD for the construction of the CBT project. City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996).

The NCWCD had statutory authority to make those rules, the rules did not impermissibly infringe on the jurisdiction of the water court to regulate the exercise of water rights, and the court has jurisdiction to resolve disputes concerning the interpretation and application of the rules. As the rules were reasonable limitations on the use of CBT water, they superseded the general replacement and exchange statutes. City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996).