C.R.S. Section 40-3-104.4
Simplified regulatory treatment for small or nonprofit water companies


(1)

The commission, with due consideration to public interest, quality of service, financial condition, and just and reasonable rates, shall grant regulatory treatment that is less comprehensive than otherwise provided for under this article 3 to small, privately owned water companies that serve fewer than one thousand five hundred customers. The commission, when considering policy statements and rules, shall balance reasonable regulatory oversight with the cost of regulation in relation to the benefit derived from the regulation.

(2)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in subsection (2)(b) of this section, a water company registered as a nonprofit organization under section 501 (c) of the federal “Internal Revenue Code of 1986”, as amended, 26 U.S.C. sec. 501 (c), is exempt from regulation under the “Public Utilities Law”, articles 1 to 7 of this title 40.

(b)

Notwithstanding subsection (2)(a) of this section, all rates, charges, and terms and conditions of service between a water company described in subsection (2)(a) of this section and its customers must be just and reasonable. The commission shall resolve any complaint alleging a violation of this subsection (2)(b) in accordance with articles 6 and 7 of this title 40 if the complaint is signed by:

(I)

The mayor, the president of the board of trustees, or a majority of the council, commission, or other governing body of an affected city, county, city and county, or town;

(II)

The chief executive officer of an affected public utility; or

(III)

The lesser of:

(A)

At least twenty-five customers or prospective customers of the water company complained of; or

(B)

At least twenty-five percent of the current customers of the water company complained of.

Source: Section 40-3-104.4 — Simplified regulatory treatment for small or nonprofit water companies, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑3‑101
Reasonable charges - adequate service
40‑3‑102
Regulation of rates - correction of abuses
40‑3‑102.5
Limiting rate case expenses for investor-owned utilities - information included in rate case filings - gas cost or electric commodity adjustment filings - rules - definitions
40‑3‑103
Utilities to file rate schedules - rules
40‑3‑103.5
Medical exemption - tiered electricity rates - rules
40‑3‑103.6
Disconnection due to nonpayment - connection and reconnection fees - deposits - standard practices - rules - definitions
40‑3‑104
Changes in rates - notice
40‑3‑104.3
Manner of regulation - competitive responses - definitions - repeal
40‑3‑104.4
Simplified regulatory treatment for small or nonprofit water companies
40‑3‑104.5
Special provisions for rail carrier rate increases
40‑3‑105
Free and reduced service or transportation prohibited - exceptions
40‑3‑106
Advantages prohibited - graduated schedules - consideration of household income and other factors - definitions
40‑3‑107
Transmission of business of other companies
40‑3‑107.5
Interconnection with renewable energy cooperatives
40‑3‑108
Rates for long and short distances
40‑3‑109
Street transportation public utility - transfers
40‑3‑110
Information furnished commission - reports
40‑3‑111
Rates determined after hearing
40‑3‑112
Commission to provide local government with avoided cost information
40‑3‑114
Cost recovery - prohibitions - reporting - penalties - definitions
40‑3‑115
Recovery of utility relocation costs
40‑3‑116
Electric vehicle programs - rates
40‑3‑119
Measurement of use for billing - rules
40‑3‑120
Fuel cost sharing - gas utilities - electric utilities - rules
40‑3‑121
Natural gas cost causation study - commission proceeding - reporting - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 40-3-104.4’s source at colorado​.gov