Colorado Revised Statutes Title 39 — Taxation
C.R.S. § 39-5-105
Improvements - water rights - valuation
# (1)
Improvements shall be appraised and valued separately from land, except improvements other than buildings on land which is used solely and exclusively for agricultural purposes, in which case the land, water rights, and improvements other than buildings shall be appraised and valued as a unit. (1.1)
# (a)
(I) Water rights, together with any dam, ditch, canal, flume, reservoir, bypass, pipeline, conduit, well, pump, or other associated structure or device as defined in article 92 of title 37, C.R.S., being used to produce water or held to produce or exchange water to support uses of any item of real property specified in section 39-1-102 (14), other than for agricultural purposes, shall not be appraised and valued separately but shall be appraised and valued with the item of real property served as a unit. (II) For purposes of this section, valuing the water rights and the item of real property served by the water rights as a unit means that any increase in value of the property served with water made available directly, or by exchange, by the use of any dam, ditch, pipeline, canal, flume, reservoir, bypass, conduit, well, pump, or other associated structure or device, as defined in article 92 of title 37, C.R.S., shall be included in the valuation of the real property served by the water rights.
# (b)
The general assembly finds and declares that the value of water rights, and any dam, ditch, pipeline, canal, flume, reservoir, bypass, conduit, well, pump, or other associated structure or device, as defined in article 92 of title 37, C.R.S., used or held to produce or exchange water, for taxation purposes, should be recognized as a contribution to the value of all of the interests in the entire property served thereby and that the separate valuation of such water rights could result in double taxation. The provision of this subsection (1.1) shall not be construed to exempt any water rights from taxation but shall be construed as setting forth procedures for the valuation thereof.
# (2)
and (3) Repealed. Source: L. 64: R&RE, p. 695, § 1. C.R.S. 1963: § 137-5-5. L. 75: Entire section amended, p. 1474, § 2, effective July 1. L. 76: Entire section amended, p. 771, § 1, effective May 26; (1) amended, p. 760, § 18, effective January 1, 1977. L. 77:
# (3)
added, p. 1753, § 1, effective June 19. L. 79: (1) amended, p. 1404, § 2, effective July 1. L. 83: (1.1) added, p. 1503, § 1, effective May 25. L. 87: (2) and (3) repealed, p. 1304, § 1, effective May 20. L. 96: (1.1) amended, p. 468, § 1, effective April 23. Cross references: For manner of determination of actual value of agricultural lands, see § 39-1-103 (5).
Amendment history
L. 64: R&RE, p. 695, § 1. C.R.S. 1963: § 137-5-5. L. 75: Entire section amended, p. 1474, § 2, effective July 1. L. 76: Entire section amended, p. 771, § 1, effective May 26; (1) amended, p. 760, § 18, effective January 1, 1977. L. 77: (3) added, p. 1753, § 1, effective June 19. L. 79: (1) amended, p. 1404, § 2, effective July 1. L. 83: (1.1) added, p. 1503, § 1, effective May 25. L. 87: (2) and (3) repealed, p. 1304, § 1, effective May 20. L. 96: (1.1) amended, p. 468, § 1, effective April 23.
Source: view the official text
In this article (40 sections)
- 39-5-101 · Duties of assessor
- 39-5-102 · When schedules required - nonresident owners listed
- 39-5-103 · Property described
- 39-5-103.5 · Maps of parcels of land in the county
- 39-5-104 · Valuation of property
- 39-5-104.5 · Valuation of personal property
- 39-5-104.7 · Valuation of real and personal property that produces…
- 39-5-105 · Improvements - water rights - valuation
- 39-5-106 · Purchase of state land
- 39-5-107 · Personal property schedule
- 39-5-108 · Schedule sent to taxpayer - return
- 39-5-108.5 · Furnished residential real property rental advertisements…
- 39-5-110 · Property brought into state after assessment date - removal…
- 39-5-113 · Movable equipment - apportionment of value
- 39-5-113.3 · Oil and gas drilling rigs - apportionment of value
- 39-5-113.5 · Works of art - apportionment of value
- 39-5-114 · Unclassified property shown on schedule
- 39-5-115 · Taxpayer to furnish information - affidavit on mineral leases
- 39-5-116 · Failure to file schedule - failure to fully and completely…
- 39-5-117 · Property improvements destroyed after assessment date
- 39-5-118 · Failure to receive schedule - validity of valuation
- 39-5-119 · Refusal to answer - court order
- 39-5-120 · Tax schedules endorsed and filed - availability for…
- 39-5-121 · Notice of valuation - legislative declaration - definition -…
- 39-5-121.5 · Valuation - inspection of data by taxpayers
- 39-5-122 · Taxpayer's remedies to correct errors
- 39-5-122.7 · Alternate protest and appeal procedure for specified…
- 39-5-123 · Abstract of assessment or amended abstract of assessment
- 39-5-124 · Property tax administrator to examine abstract
- 39-5-125 · Omission - correction of errors
- 39-5-126 · Wrongful return by assessor
- 39-5-127 · Correction of assessments
- 39-5-128 · Certification of valuation for assessment
- 39-5-129 · Delivery of tax warrant - public inspection
- 39-5-130 · Informality not to invalidate
- 39-5-132 · Assessment and taxation of new construction
- 39-5-133 · 2011 modification of statutory definition of agricultural…
- 39-5-134 · Controlled environment agricultural facility - valuation -…
- 39-5-201 · Legislative declaration
- 39-5-202 · Taxation of mobile homes - effective date