C.R.S. Section 37-50-138
Rents and charges

(1)

Intentionally left blank —Ed.

(a)

The district and any political subdivision of the state of Colorado contracting with the district and fixing and collecting annual rentals, service charges, other charges, or any combination thereof are authorized to fix and collect rents, rates, fees, tolls, and other charges, in this article sometimes referred to as “service charges”, for direct or indirect connection with, or the use or services of, a water system, joint system, or other facilities, including, without limitation, connection charges, minimum charges, and charges for the availability of service.

(b)

Such service charges may be charged to and collected in advance or otherwise by a district from a political subdivision or person and by a political subdivision from a person contracting for such connection, use, or services or from the owner, occupant, or any combination, of real property that directly or indirectly is, has been, or will be connected with such facilities. The political subdivision, owner, or occupant of such real property shall be liable for and shall pay such service charges to the district or political subdivision fixing the service charges at the time and place such service charges are due and payable.

(c)

Service charges of the district may accrue from a date on which the board reasonably estimates, in a resolution authorizing the issuance of securities, other related instruments, or in a contract with any political subdivision or person, that facilities or projects being acquired or improved and equipped will be available for service or use.

(2)

Intentionally left blank —Ed.

(a)

Such rents, rates, fees, tolls, and other charges, being in the nature of use or service charges, shall, as nearly as the district shall deem practicable and equitable, be reasonable, and such service charges shall be uniform throughout the district for the same type, class, and amount of use or service of the facilities and may be based or computed either on:

(I)

Measurements of water or flow devices that are duly provided and maintained by the district or any user as approved by the district;

(II)

The consumption of water in, on, or in connection with the political subdivision, person, or real property, making due allowance for commercial use of water, infiltration of groundwater, and discharge of surface runoff to the facilities;

(III)

The number and kind of water fixtures or facilities on or in connection with the political subdivision, person, or real property;

(IV)

The water facilities in, on, or in connection with the political subdivision, person, or real property;

(V)

The number of persons residing or working in, on, or otherwise connected or identified with the political subdivision, person, or real property;

(VI)

The capacity of the improvements in, on, or connected with the political subdivision, person, or real property;

(VII)

The availability of service or readiness to serve by the facilities;

(VIII)

Any other factors determining the type, class, and amount of use or service of the facilities; or

(IX)

Any combination of any such factors.

(b)

Reasonable penalties may be fixed for delinquencies, including, without limitation, interest on delinquent service charges from the due date at a rate not exceeding one percent per month or monthly fraction, reasonable attorney fees, and other costs of collection.

(3)

The district shall prescribe and, from time to time when necessary, revise a schedule of such service charges, which shall comply with the terms of any contract of the district or political subdivision fixing the service charges.

(4)

The general assembly has determined and declared that the obligations, arising from time to time, of the district, any political subdivision, or any person to pay service charges fixed in connection with any facilities shall constitute general obligations of the district, political subdivision, or person charged with their payment; except that, as such obligations accrue for current services and benefits from, and the use of, such facilities, the obligations shall not constitute an indebtedness of the district or any political subdivision within the meaning of constitutional, charter, or statutory limitation or other provision restricting the incurrence of debt.

(5)

No board, agency, bureau, commission, or official, other than the board of directors of the district, has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges or to prescribe, supervise, or regulate the performance of services pertaining to the district’s facilities, as authorized by this article; except that this subsection (5) shall not be construed to be a limitation on the contracting powers of the board.

Source: Section 37-50-138 — Rents and charges, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑50‑101
Legislative declaration 37‑50‑102
Definitions 37‑50‑103
Creation and name of district 37‑50‑104
Board of directors 37‑50‑105
Compensation of directors 37‑50‑106
Employees 37‑50‑107
General powers 37‑50‑108
Principal office - meetings 37‑50‑109
Authority of the board to levy taxes 37‑50‑110
Levy and collection of uniform sales and use tax 37‑50‑111
Limitations on power to levy and contract 37‑50‑112
Investment of unexpended revenues 37‑50‑113
Appointment and compensation of appraisers 37‑50‑114
Assessments - procedure in making 37‑50‑115
Collection by civil action 37‑50‑116
Assessments perpetual lien 37‑50‑117
Directors to remedy defects in assessments 37‑50‑118
Assessment record as evidence 37‑50‑119
Defects in notice perfected 37‑50‑120
Issuance of general obligation bonds 37‑50‑121
Costs - board of directors to concur 37‑50‑122
Sinking fund 37‑50‑123
Court confirmation 37‑50‑124
Election to authorize debt 37‑50‑125
Definition of elector 37‑50‑126
Elections 37‑50‑127
Election resolution 37‑50‑128
Conduct of election 37‑50‑129
Notice of election 37‑50‑130
Polling places 37‑50‑131
Election supplies 37‑50‑132
Election returns 37‑50‑133
Debt and tax levy election contests 37‑50‑134
Covenants and other provisions in bonds 37‑50‑135
Liens on pledged revenues 37‑50‑136
Rights - powers of holders of bonds - trustees 37‑50‑137
Investments and securities 37‑50‑138
Rents and charges 37‑50‑138.5
Prohibition on duplication of water use fees 37‑50‑139
Miscellaneous powers 37‑50‑140
Joint action entity 37‑50‑141
Refunding 37‑50‑142
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 37-50-138’s source at colorado​.gov