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<br />1802
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<br />Water and Irrigation
<br />
<br />Ch. 435
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<br />. (5) Upon receipt of a feasibility study from the Colorado water conserva-
<br />ho.n. board. th~ general assembly may authorize the authority, by means of
<br />a jomt reso}utlOn signed by the governor, to proceed with the consideration
<br />of any project which the general assembly deems to be in the interests of"
<br />and t? the advantage of the people of the state. However, said authorization
<br />shall In no wa~ require or compel the authority to fund or in any way finance
<br />and proceed wIth the development, acquisition, construction, reconstruction
<br />enla:gement. extension, improvement, furnishing, equipping, maintenance:
<br />repaIr, m~nagement. op~r~tion. or disposition of, or participation in any pro-
<br />posed proJect. Such decIsIon to proceed shall be entirely within the discretion
<br />of the authority.
<br />
<br />(6) Should the authority choose to proceed with a project, then the
<br />auth?~lty .shall make, or cause to be made, the necessary final designs and
<br />sp.eclflcatlons for such project; except that the final project location, oper-
<br />ation, and pu~oses ~ust be in s~bstantial compliance with the feasibility
<br />study for a project which was reviewed by the Colorado water conservation
<br />board.. The authority shall also develop and implement detailed plans for the
<br />f~nancmg of p~oJects with which it chooses to proceed. The terms and condi-
<br />tIOns of such fmancing shall be at the sole discretion of the authority.
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<br />,(7) If. the C,?lorado water conservation board has, pursuant to subsection
<br />,3) of this sectIOn, Incurred the expenses of performing a feasibility study
<br />tor a proposed project with which the authority ultimately decides to proceed
<br />:hen the authority shall reimburse said board for such expenses out of th~
<br />Jroceeds from the sale of bonds or notes by the authority for the project.
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<br />. 37~95~108. Acquisition and disposition of property ~ change of location of
<br />ughways, railroad, or public utilities . regulation of public utility facilities on
<br />l .projec~. (I) When ,the authority, or the person or governmental agency
<br />.vlth which. the authonty ~ontracts, finds it necessary to change the location
<br />)f any portIOn of any publIc road, state highway, railroad, point of diversion
<br />)r public utility facility in connection with the construction of a project, it
<br />:hall: .cause_the_sa~e-to-be-reconstructed-at-such-Iocation-as-the-other-person
<br />Iwnmg or the umt of government having jurisdiction over such road. high-
<br />vay. railroad, or public utility facility deems most favorable. Such construc-
<br />ion shall be of substantially the same type and in as good condition as the
<br />Ifiginal road, highway, railroad, or public utility facility. The cost of such
<br />econstr~ction, relocation, or r~moval and any damage incurred in changing
<br />he lo~atlon of any su~h road, hIghway, railroad, or public utility facility shall
<br />lC paid by the authonty, or the person or governmental agency responsible
<br />D the authority for repayment of bonds or notes in conjunction with any
<br />Iroject authorized by the authority, as a part of the cost of such project.
<br />
<br />(2) If the authority finds it necessary in connection with the undertaking
<br />f any project to change the location of any portion of any public highway
<br />r road, it may contract with any governmental agency or any public or pri-
<br />ate corporation which may have jurisdiction over said public highway or
<br />Jad to cause said public highway or road to be constructed. The cost of
<br />uch reconstruction and any damage incurred in changing the location of any
<br />uch highway shall be ascertained and paid by the authority. or the person
<br />r governmental agency with which the authority contracts. as a part of the
<br />Dst of the project. Any public highway affected by the construction of the
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<br />
<br />Ch. 435
<br />
<br />Water and Irrigation
<br />
<br />1803
<br />
<br />project may be vacated or relocated by the authority in the manner now pro-
<br />vided by law for the vacation or relocation of public roads, and any damages
<br />awarded on account thereof shall be paid by the authority as a part of the
<br />cost of the project. In all undertakings authorized by this subsection (2), the
<br />authority shall consult with and obtain the approval of the state department
<br />of highways.
<br />
<br />(3) The authority and its authorized agents and employees may enter upon
<br />any lands and premises for the purpose of making such surveys" soundings,
<br />drillings, and examinations as it may deem necessary or convement for the
<br />purposes of this section, all in accordance with due process of law, and such
<br />entry shall not be deemed a trespass nor shall an entry for such purpose
<br />be deemed an entry under any condemnation proceedings which may be then
<br />pending. The authority shall make reimbursement for any actual damages
<br />resulting to such lands and premises as a result of such activities.
<br />
<br />(4) The authority also has the power to make reasonable regulations for
<br />the installation, construction, maintenance, repair, renewal, relocation, and
<br />removal of railroad and public utility facilities in, on, along, over, or under
<br />any of its projects. Whenever the authority determines that it is necessary
<br />that any such public utility and railroad facilities which now are, or hereafter
<br />may be,-located in, on, along, over, or under any project be relocated in
<br />any project or should be removed therefrom, the public utility or railroad
<br />owning or operating such facilities shall relocate or remove the .same in
<br />accordance with the order of the authority, but the cost and expenses of
<br />such relocation or removal, including the cost of installing such facilities in
<br />a new location. and the cost of any lands, or any rights or interests in lands,
<br />and any other rights acquired to accomplish such relocation or removal shall
<br />be ascertained and paid by the authority, or the person or governmental
<br />agency with which the authority contracts, as a part of the cost of the project.
<br />In the case of any such relocation or removal of facilities, the public utility
<br />or railroad owning or operating the same or its successors or assigns may
<br />maintain and operate such facilities, with the necessary appurtenances, in
<br />therie-w-Iocatio-n-foras-long-aperio<ra-ndupo-n-tlie same-te-rmsand-ccfnditions
<br />as it had to maintain and operate such facilities in their former location.
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<br />37-95-109. Bonds or notes - issuance - terms. (I) The authority has the
<br />power and is hereby authorized from time to time to issue its bonds or notes
<br />in such principal amounts as in the opinion of the board are necessary to
<br />provide sufficient funds for any of its corporate purposes. including the pay-
<br />ment, funding, or refunding of the principal of. or interest or redemption
<br />premiums on, any bonds or notes issued by it, whether the bonds or notes
<br />or interest to be funded or refunded have or have not become due, and
<br />including the establishment or increase of such reserves to secure or to pay
<br />such bonds or notes or interest thereon and all other costs or expenses of
<br />the authority incident to and necessary to carry out its corporate purposes
<br />and powers. .
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<br />(2) Except as may be otherwise expressly provided in this article or by
<br />the authority. every issue of bonds or notes shall be special obligations pay-
<br />able out of any revenues or funds of the authority, subject only to any agree-
<br />ments with the holders of particular bonds or notes pledging any particular
<br />revenues or funds. The authority may issue such types of bonds or notes
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