C.R.S. Section 38-6-203
Condemnation

  • municipal
  • water supplies
  • standards and procedures for evaluations

(1)

Prior to any hearing for condemnation of water supplies and structures under this part 2, the municipality shall:

(a)

Prepare or update a community growth development plan reflecting present population and resources uses and capabilities and projected population growth and resources requirements, the latter to include all resources requirements to provide for phased development of municipal services and facilities;

(b)

Prepare a detailed statement describing:

(I)

The water rights to be acquired under condemnation and their present uses;

(II)

The effects upon the county and suitable area within the river drainage basin or basins from the change or conversion of acquired irrigation and other water supplies to domestic uses, to include economic and environmental effects;

(III)

The unavoidable adverse and irreversible effects from such taking of properties and rights; and

(IV)

Alternative sources of water supply that may be acquired by appropriation, purchase, lease, conservation, or condemnation and relative acquisitions costs.

(2)

The information contained in the growth development plan and statement of effects from the condemnation shall be prepared in sufficient detail to provide a meaningful basis for assessment of the aspects of the condemnation to the public if the condemnation is approved. These statements shall be presented to the commissioners appointed by the court and the defendants and shall be made available to interested parties.

Source: Section 38-6-203 — Condemnation - municipal - water supplies - standards and procedures for evaluations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑6‑101
Power of towns and cities 38‑6‑102
Petition 38‑6‑103
Defendants - guardian ad litem 38‑6‑104
Judge to set hearing - summons - service - publication 38‑6‑105
Answer - hearing - commissioners 38‑6‑106
Commissioners - oaths - hearing 38‑6‑107
Assessment of damages - lien - fund 38‑6‑108
Commissioners’ report 38‑6‑109
Cost assessed against block 38‑6‑110
Property need not be in city limits 38‑6‑111
Hearing - notice - publication 38‑6‑112
Objections - default - burden of proof - findings - reappraisement 38‑6‑113
Jury trial - motion for new trial - appellate proceedings 38‑6‑114
Costs - compensation 38‑6‑115
Amendments - new parties - notice 38‑6‑116
Decree - copy to city clerk - payments - collection of assessments 38‑6‑117
City may dismiss proceedings 38‑6‑118
Ownership in controversy - award 38‑6‑119
Possession - award paid 38‑6‑120
Review - deposit - possession 38‑6‑121
Lis pendens 38‑6‑122
Eminent domain beyond city limits 38‑6‑201
Condemnation of water rights by municipalities 38‑6‑202
Petition 38‑6‑203
Condemnation - municipal - water supplies - standards and procedures for evaluations 38‑6‑204
Defendants - guardian ad litem 38‑6‑205
Judge to set hearing - summons - service - publication 38‑6‑206
Answer - hearing - jury 38‑6‑207
Duty of commissioners, determination of necessity 38‑6‑208
Commissioners - oaths - hearing 38‑6‑209
Hearing - notice - publication 38‑6‑210
Objections - default - burden of proof - findings - reappraisement 38‑6‑211
Jury trial - motion for new trial - appellate proceedings 38‑6‑212
Costs - compensation 38‑6‑213
Amendments - new parties - notice 38‑6‑214
Decree - copy to municipality - payments - collection of assessments 38‑6‑215
Municipality may dismiss proceedings 38‑6‑216
Ownership in controversy - award
Green check means up to date. Up to date

Current through Fall 2024

§ 38-6-203’s source at colorado​.gov