Colorado Code § 37-43-205

Special assessment
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(1) (a) To the extent that the expenses of the operation
and the maintenance of salinity control laterals are in excess of annual reimbursements payable
to a contracting district by the United States under a salinity control contract, the contracting
district may levy special assessments upon real estate within the contracting district which is
entitled to receive water through the salinity control laterals. The special assessments shall be
made as provided in this article. The laws of this state relating to the review, correction,
collection, and enforcement of other district taxes shall apply to the special assessment; except
that revenue derived from each such special assessment shall be excluded in the year in which
such assessment is first levied in computing the limitations specified in part 3 of article 1 of title
29, C.R.S.
(b) The board of directors of a contracting district shall provide and certify a description
of the real estate within the contracting district and within the county which the board determines
to be entitled to receive water through salinity control laterals. The assessor shall assess and
enter upon his records the assessed valuation of all real estate, including public lands subject to
assessment under the act of the United States congress of August 11, 1916, exclusive of
improvements, which is within the contracting district and served by the salinity control laterals.
Such assessment shall be based upon values at the same rate per acre. Tracts of land of one acre
or less shall not be assessed if the board of directors of the contracting district has otherwise
fixed the amount to be paid by each tract of one acre or less.
(c) Immediately after assessment has been made, the assessor shall make a return to the
board of county commissioners of the county in which the contracting district's office is located
of the total amount of assessed valuation of the real estate served by salinity control laterals
within the contracting district and, if the board of directors of the contracting district has
specified a fixed amount for tracts of one acre or less, the number of such tracts in the area
served by such laterals within the contracting district. The board of directors of the contracting
district shall certify to the board of county commissioners of the county in which the contracting
district's office is located the total amount of the special assessment and the amount, if any,
payable by tracts of one acre or less. The board of directors of the contracting district may
include in the special assessment an amount of up to fifteen percent of the expenses of operation
and maintenance not reimbursed under a salinity control contract to cover delinquencies.
(d) Upon receipt of the returns of the total assessment of the contracting district and
receipt of the certification from the board of directors of the contracting district, the board of
county commissioners shall levy the special assessment upon all tracts of land of one acre or less
in the amount established by the board of the contracting district, if any, and shall fix the rate of
levy necessary to provide the balance of the special assessment certified by the board of directors
of the contracting district. The board of county commissioners of the county in which the
contracting district's office is located shall certify the rates thus established to the board of
county commissioners of each county in which any portion of real estate served by the salinity
control laterals is located, and such boards shall make the levy, at the rate specified, upon the
lands in their respective counties.
(2) In lieu of the special assessment taxes specified in subsection (1) of this section, a
contracting district may charge and collect toll charges for deliveries of water through salinity
control laterals to obtain additional funds to defray operation and maintenance expenses of such
laterals not reimbursed under a salinity control contract. The board of directors of a contracting
district may, from time to time, establish schedules of such toll charges based upon a reasonable
apportionment, as determined by the board, among the users deriving water through such salinity
control laterals. Deliveries of water may be suspended or withheld from a water user who is
delinquent in payment of toll charges.

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