C.R.S. Section 38-6-207
Duty of commissioners, determination of necessity

(1)

In any case initiated for the acquisition of water rights pursuant to this part 2, it is the duty of the commissioners to:

(a)

Examine and assess the growth development plan and statement provided by the municipality, from the proposed condemnation, required in section 38-6-203, and obtain necessary information pursuant to powers granted in section 38-6-208, and make a determination as to the necessity of exercising the power of eminent domain for the proposed purposes;

(b)

Provide one of the following recommendations to the court, based upon their findings:

(I)

There exists no need and necessity for condemnation as proposed.

(II)

There exists a need and necessity for condemnation as proposed.

(III)

There exists a need and necessity for condemnation, but it is premature.

(2)

In making a recommendation, as provided in subsection (1)(b)(II) of this section, the commissioners may recommend an alternate source of water supply.

(3)

The commissioners shall hear the proofs and allegations of the parties and, after viewing the premises, certify the proper compensation to be made to said owner or parties interested for the water or other property to be taken or affected, as well as all damages accruing to the owner or parties interested in consequences of the condemnation of the same.

(4)

If the commissioners find there exists no need and necessity for the condemnation proposed, they shall make no finding as to the value of the condemned property.

Source: Section 38-6-207 — Duty of commissioners, determination of necessity, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed May 26, 2025).

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

Current through Fall 2025

§ 38-6-207. Duty of commissioners, determination of necessity's source at colorado​.gov