2020 Colorado Revised Statutes
Title 37 - Water And Irrigation
Article 45.1. Water Activities - Enterprise Status
Section 37-45.1-103. Establishment of enterprises.
(1) Any district which under applicable provisions of law has its own bonding authority may establish or may continue to maintain water activity enterprises for the purpose of pursuing or continuing water activities, including water acquisition or water project or facility activities, including the construction, operation, repair, and replacement of water or wastewater facilities. Any water activity enterprise established or maintained pursuant to this article is excluded from the provisions of section 20 of article X of the state constitution.
(2) (a) Each water activity enterprise shall be wholly owned by a single district and shall not be combined with any water activity enterprise owned by another district; however, each district may establish more than one water activity enterprise and each water activity enterprise may conduct or continue to conduct one or more water activities as may be determined by the governing body of the water activity enterprise.
(b) This subsection (2) shall not limit the authority of a water activity enterprise to contract with any other person or entity, including other districts or water activity enterprises.
The governing body of the water activity enterprise shall be the governing body ofthe district which owns the enterprise or such governing body as may be prescribed by applicable laws, city and county, county, or municipal charters, county resolutions, municipal ordinances, or intergovernmental agreements which designate a different governing body for the water activity enterprise.
The governing body of each water activity enterprise may exercise the district's legalauthority relating to water activities, but no enterprise may levy a tax which is subject to section 20 (4) of article X of the state constitution.
Source: L. 93: Entire article added, p. 103, § 1, effective March 30.
