Amendments for HB22-1092

House Journal, February 25
29 HB22-1092 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend printed bill, page 3, after line 7, insert:
34
35 "(d) IN CASE OF DEFAULT IN THE PAYMENT OF ANY INSTALLMENT
36 OF PRINCIPAL OR INTEREST WHEN DUE, THE COUNTY TREASURER MAY
37 ASSESS UPON THE ELIGIBLE REAL PROPERTY A TAX LIEN FOR THE PAYMENT
38 OF THE WHOLE OF THE UNPAID INSTALLMENT OF PRINCIPAL AND INTEREST;
39 EXCEPT THAT, THE COUNTY TREASURER SHALL NOT ASSESS A TAX LIEN FOR
40 THE ENTIRE VALUE OF THE LANDOWNER'S PORTION OF THE IRRIGATION
41 LOAN ISSUED BY THE WATER DISTRICT.".
42
43 Reletter succeeding paragraph accordingly.
44
45 Page 3, strike lines 20 through 27.
46
47 Page 4, strike lines 1 and 2.
48
49 Page 4, after line 2 insert:
50
51 "SECTION 3. In Colorado Revised Statutes, 37-42-128, amend
52 (7) as follows:
53
1 37-42-128. Collection of assessments. (7) THE COUNTY
2 TREASURER SHALL RECEIVE IN THE COUNTY TREASURER'S OFFICIAL
3 CAPACITY all such district assessments collected and paid to the county
4 treasurer, shall be received by said treasurer in his official capacity, and
5 he shall be THE COUNTY TREASURER IS responsible for the safekeeping,
6 disbursement, and payment thereof the same OF SUCH ASSESSMENTS as for
7 WELL AS other moneys MONEY collected by him as such THE COUNTY
8 treasurer. The county treasurer shall receive for the collection of such
9 assessments such amount as the board of directors may allow, as provided
10 in section 30-1-102; C.R.S. EXCEPT THAT THE TREASURER SHALL RECEIVE
11 FIVE DOLLARS PER TRACT ASSESSED PURSUANT TO SECTION 37-42-125 (3)
12 FOR LOANS ISSUED TO LANDOWNERS PURSUANT TO SECTION 37-42-113 (5),
13 AND THIS FIVE DOLLARS SHALL BE ASSESSED AGAINST EACH
14 PARTICIPATING TRACT. Any assessment collected and paid to the county
15 treasurer for districts that are defunct or have not been in operation for
16 five or more years shall be transferred by the county treasurer to the
17 county general fund.".
18
19 Renumber succeeding section accordingly.
20
21

House Journal, March 2
45 Amendment No. 1, Agriculture, Livestock, & Water Report, dated
46 February 24, 2022, and placed in member’s bill file; Report also printed
47 in House Journal, February 25, 2022.
48
49 As amended, ordered engrossed and placed on the Calendar for Third
50 Reading and Final Passage.
51
52

Senate Journal, March 18
After consideration on the merits, the Committee recommends that HB22-1092 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 4, after line 19 insert:

"SECTION 4. In Colorado Revised Statutes, 37-41-113, add (9) as
follows:
37-41-113. Board of directors - duties - contracts - rules. (9) (a) THE
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) TO MAKE IMPROVEMENTS TO PRIVATE WATER DELIVERY SYSTEMS;
OR
(II) FOR OTHER TYPES OF PROJECTS THAT IMPROVE:
(A) WATER CONSERVATION OR EFFICIENCIES ON LANDOWNER
PROPERTY; OR
(B) LANDOWNER DELIVERY OR DRAINAGE SYSTEMS.
(b) AN OBLIGATION OR CONTRACT TO BORROW MONEY DESCRIBED IN
SUBSECTION (9)(a) OF THIS SECTION IS NOT SUBJECT TO THE REQUIREMENTS OF
SUBSECTION (4) OF THIS SECTION.
(c) THE BOARD OF DIRECTORS SHALL NOT ASSESS DISTRICT LAND IN
ORDER TO RAISE MONEY TO ISSUE LOANS PURSUANT TO THIS SUBSECTION (9).
HOWEVER, 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) IN 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) THE 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 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) THE 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) NOTWITHSTANDING 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.".

Renumber succeeding section accordingly.


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