CO Code § 31-15-708 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 15 - Exercise of Municipal Powers|Part 7 - Public Property and Improvements|§ 31-15-708. Water and Water Systems

  The governing body of each municipality has the power:   To construct public wells, cisterns, and reservoirs in the streets and other public and private places within the municipality or beyond the limits thereof for the purpose of supplying the same with water, to provide proper pumps and conducting pipes or ditches, to regulate the distribution of water for irrigating and other purposes, and to levy an equitable and just tax upon all consumers of water for the purpose of defraying the expense of such improvements;      To take water in sufficient quantity, for the purpose provided in paragraph (a) of this subsection (1), from any stream, creek, gulch, or spring in this state. If the taking of such water in such quantity materially interferes with or impairs the vested right of any person residing upon such creek, gulch, or stream or doing any milling or manufacturing business thereon, the governing body shall first obtain the consent of such person or acquire the right of domain by condemnation as prescribed by law and make full compensation or satisfaction for all the damages thereby occasioned to such person. (b) (I) To take water in sufficient quantity, for the purpose provided in paragraph (a) of this subsection (1), from any stream, creek, gulch, or spring in this state. If the taking of such water in such quantity materially interferes with or impairs the vested right of any person residing upon such creek, gulch, or stream or doing any milling or manufacturing business thereon, the governing body shall first obtain the consent of such person or acquire the right of domain by condemnation as prescribed by law and make full compensation or satisfaction for all the damages thereby occasioned to such person.    When it is deemed necessary by any municipality to enter upon or take private property for any of the uses set forth in this section, the property shall be examined and appraised and the damages thereon assessed. The proceedings shall be in all respects the same as provided by articles 1 to 7 of title 38, C.R.S., for the taking of private property for public or private use.       To regulate the water supply used in said municipality for domestic or household purposes and to prohibit and condemn the use of any and all surface wells and the waters thereof for domestic or household purposes when the same are found injurious to the health of said municipality or of the inhabitants thereof;    To supply water from its water system to consumers outside the municipal limits of the municipality and to collect such charges upon such conditions and limitations as said municipality may impose by ordinance.         History. Source: L. 75: Entire title R&RE, p. 1117, § 1, effective July 1.    Editor's note:   The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.   ANNOTATION   Law reviews . For comment, “Water: Statewide or Local Concern? City of Thornton v. Farmers Reservoir & Irrigation Co.”, see 56 Den. L.J. 625 (1979).   Annotator's note. Since § 31-15-708 is similar to former § 31-12-101 (39) prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.   Denver authorized to provide water to users outside boundaries. Subsection (1)(d) necessarily provides that Denver has the power to appropriate water for such purposes. City and County of Denver v. Colo. River Water Conservation Dist., 696 P.2d 730 (Colo. 1985).   Operation and maintenance of water facilities power. The general assembly has empowered municipalities to operate and maintain water facilities for the benefit of users within and without their territorial boundaries. Colo. Open Space Council, Inc. v. City & County of Denver, 190 Colo. 122 , 543 P.2d 1258 (1975).   The right of a city to divert water for the use of its inhabitants is not superior to the right of an individual, or a farming community, to divert water for domestic or other purposes, in the sense that the city may take water for that purpose from those who have previously appropriated it for the same, or some other, beneficial use, without compensating the senior appropriators. Sterling v. Pawnee Ditch Extension Co., 42 Colo. 421 , 94 P. 339 (1908).   And a city or town cannot take water for domestic purposes which have been previously appropriated for some other beneficial purpose by virtue of this section without fully compensating the owner. Sterling v. Pawnee Ditch Extension Co., 42 Colo. 421 , 94 P. 339 (1908).   Sale of water. The general assembly has specifically defined selling water by a municipality both within and without its territorial boundaries to be a proper exercise of its powers. Colo. Open Space Council, Inc. v. City & County of Denver, 190 Colo. 122 , 543 P.2d 1258 (1975).   Subsection (1)(d) and the 1913 public utility act are not inconsistent, for the act did not expressly or impliedly repeal this section. City of Englewood v. City & County of Denver, 123 Colo. 290 , 229 P.2d 667 (1951).   Applied in Strickler v. City of Colo. Springs, 16 Colo. 61 , 26 P. 313 (1891); City of Thornton v. Farmers Reservoir & Irrigation Co., 194 Colo. 526 , 575 P.2d 382 (1978).