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<br />COlORAOO flOOO CONTROL <br />AND DRAINAGE lAWS <br /> <br />TOPIC TITLE <br /> <br />STATUTES <br /> <br />PURPOSES <br /> <br />RELATED TOPICS <br /> <br />SPECIAL POWERS <br /> <br />MUNICIPAL GENERAL POWERS RELATED TO DRAINAGE AND <br />FLOOD CONTROL <br /> <br />Title 31. generally; articles 15 and 35 particu- <br />larly; here. <br /> <br />Title 31 contains most of the legislation concerning <br />municipal operations; however. there is substantial <br />relevant case law, and the pOlice powers of <br />municipalities are broader than those defined by <br />particular grants of power. In relation to drainage <br />and flood control. the following materials are most <br />directly relevant. but the user of this text is <br />cautioned that the selection of materials is very <br />limited. In any paJ:t.icular effort. other law will be <br />relevant; for example. the treatment here and in the <br />related topics of the financial capacities is not <br />exhaustive. Among subjects not addressed are such <br />topics as the abi.l i ty and extent of municipal <br />authori ty to compel private owners to act in ways <br />not specifically mentioned. and the interactions of <br />pOlice power and the taking issue. The following <br />materials. therefore. are an introduction to the <br />powers granted specifically. in relation to the <br />problems of drainage and flood control. <br /> <br />See other topics relating to municipal authority. <br /> <br />The following special powers are related directly to <br />drainage and flood control; see also related topics. <br /> <br />o Municipalities have the power to construct storm <br />sewers. on the decision of the governing body or <br />on petition of 60% of frontage owners on a <br />street; storm sewers may be financed by <br />assessment of the owners on a street; storm <br />sewers may be financed by assessment of the <br />owners of benefited property. and assessment of <br />the pUblic benefits against the municipality <br />(31-15-703. -704). <br /> <br />o Without election approval. municipalities may <br />acquire. by condemnation or otherwise, water <br />works, includinq parts of systems outside of the <br />municipality. such as reservoirs. streams, <br />trenches. pipes, and drains. Tax up to three <br />mills per year for the various municipal expenses <br />for the various municipal utilities can be <br />levied. for operating and maintenance expenses <br />for the systems provided (acquisition or <br />construction can be financed by other means). The <br />special tax with authorized service charges for <br /> <br />I -A.-l <br />