LEG00212

• Bill Number: HB05-1298
• Year: 2005
• Title: Concerning creation of the Douglas-Arapahoe water conservation district
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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FOR SUCH PURPOSES. SUCH WATER AUTHORITY, OTHER GOVERNMENTAL

ENTITY, OR W ATERACTIVITY ENTERPRISE SHALL ENTER INTO A CONTRACT

WITH THE DISTRICT TIIAT SHALL PROVIDE THE TERMS AND CONDITIONS

UNDER WHICH SUCH ENTITY SHALL PURSUE, CONSTRUCT, AND OPERATE

THE PROJECT. SUCH TERMS AND CONDITIONS SHALL BE CONSISTENT WITH

THE PURPOSES OF lHEDISTRICT. THE CONTRACT SHALL ALSO PROVIDE FOR

THE REIMBURSEMENT TO THE DISTRICT OF ANY EXPENDITURES MADE BY

THE DISTRICT SPECIFICALL YFOR SUCH PROJECT. SUCHW ATERAUTHORITY,

OTHER GOVERNMENTAL ENTITY, OR WATER ACTIVITY ENTERPRISE SHALL

THEN HAVE THE DIRECTION AND CONTROL OF SUCH PROJECT, SUBJECT TO

SUCH CONTRACT.

(3) As DETERMINED BY THE BOARD, lHE ALLOCATION OF COSTS

FOR PROJECTS SHALL BE REASONABLE, FAIR, AND EQUITABLE, TAKING INTO

ACCOUNT BENEFITS TO EACH WATER PROVIDER AND PAYMENTS AND

CREDITS FOR USE OF A WATER PROVIDER'S FACILITIES.

37-49-127. Limitations. (1) THE DISTRICT SHALL HAVE NO

POWER, AUTHORITY, OR CONTROL OVER, OR RIGHT TO WATER FROM, ANY

FACILITIES OWNED BY OTHERS UNLESS PURSUANT TO AGREEMENT.

(2) IF A LANDOWNER IN ANY AREA NOT WITHIN THE BOUNDARIES

OF A WATER PROVIDER DESIRES TO PARTICIPATE IN A DISTRICT PROJECT,

THE LANDOWNER SHALL FIRST BE INCLUDED WITHIN THE BOUNDARIES OF

THE DISTRICT AS PROVIDED IN THIS ARTICLE.

(3) THE DISTRICT SHALL NOT UNDERTAKE OR BECOME

RESPONSffiLE FOR THE CONSTRUCTION, MAINTENANCE, OR OPERATION OF

WATER DISTRIBUTION SYSTEMS TO END USERS. THE DISTRICT SHALL

DELIVER WATER TO WATER PROVIDERS ONLY AS APPROVED BYTHEBOARD.

THE DISTRICT SHALL HAVE NO AUTHORITY TO IMPOSE CAPITAL RECOVERY

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HB05-1298