LEG00101

• Bill Number: SB04-232
• Year: 2004
• Title: Concerning the creation of a front range water conservation district
• Legislation - Doc Type: Other CWCB Related Bills - Killed

1 (3) THE DISTRICT SHALL NOT HAVE ANY POWER, AUTHORITY, OR

2 CONTROL OVER, OR RIGHT TO WATER FROM, ANY EXISTING PROJECTS

3 UNLESS PURSUANT TO AGREEMENT.

4 (4) IF THE LANDOWNERS IN ANY AREA WITHIN THE DISTRICT NOT

5 PRESENTLY WITHIN THE BOUNDARIES OF A WATER PROVIDER MEMBER WISH

6 TO PARTICIPATE IN A DISTRICT PROJECT OR OBTAIN WATER FROM THE

7 DISTRICT, THEY SHALL FIRST ORGANIZE OR BECOME PART OF A WATER

8 PROVIDER MEMBER PURSUANT TO APPLICABLE LAW.

9 (5) THE DISTRICT SHALL NOT UNDERTAKE OR BECOME

10 RESPONSIBLE FOR THE CONSTRUCTION, MAINTENANCE, OR OPERATION OF

11 WATER DISTRIBUTION SYSTEMS TO END USERS. THE DISTRICT SHALL

12 DELIVER WATER TO PUBLIC WATER PROVIDERS ONLY.

13 37-49-507. Confirmation of contract proceedings. (1) (a) THE

14 BOARD MAY FILE A PETITION AT ANY TIME IN THE DISTRICT COURT IN AND

15 FOR ANY COUNTY IN WHICH THE DISTRICT IS LOCATED WHOLLY ORIN PART,

16 REQUESTING A JUDICIAL EXAMINATION AND DETERMINATION OF ANY

17 POWER CONFERRED OR OF ANY TAX OR RATES OR CHARGES LEVIED, OR OF

18 ANY ACT . PROCEED~Q, OR CONTRACT OF THE DISIE.I~T,.W:HETHER.ORNOT

19 SAID CONTRACT HAS BEEN EXECUTED, INCLUDING PROPOSED CONTRACTS

20 FOR THE ACQUISITION, IMPROVEMENT, EQUIPMENT, MAINTENANCE,

21 OPERATION, OR DISPOSAL OF ANY PROJECTS, WORKS, OR FACILITIES FOR

22 THE DISTRICT. SUCH PETITION SHALL SET FORTH THE FACTS WHEREON THE

23 VALIDITY OF SUCH POWER, ASSESSMENT, ACT, PROCEEDING, OR CONTRACT

24 IS FOUNDED AND SHALL BE VERIFIED BY THE CHAIR OF THE BOARD.

25 (b) SUCH ACTION SHALL BE IN THE NATURE OF A PROCEEDING IN

26 REM, AND JURISDICTION OF ALL PARTIES INTERESTED MAY BE HAD BY

27 PUBLICATION AND POSTING, AS PROVIDED IN THIS ARTICLE. NOTICE OF THE

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SB04-232