2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-111 - Powers of authority - general and financial

(1)
In order to accomplish its purposes, the authority has the power to:
(a)
Develop and implement, with such revisions as become necessary in light of changing conditions, plans for water quality controls for the reservoir, applicable drainage basin, waters, and watershed, to achieve and maintain the water quality standards. In particular, the authority shall submit, within two years after August 8, 2001, a plan to the water quality control commission that is intended to meet state water quality standards, including measures to mitigate the impacts of nonpoint source pollutants.
(b)
Conduct pilot studies and other studies that may be appropriate for the development of potential water quality control solutions;
(c)
Develop and implement programs to provide credits, incentives, and rewards within the Cherry Creek basin plan for water quality control projects;
(d)
Recommend the maximum loads of pollutants allowable to maintain the water quality standards;
(e)
Recommend erosion controls and urban runoff control standards and conduct educational programs regarding such controls in the basin;
(f)
Recommend septic system maintenance programs;
(g)
Incur debts, liabilities, and obligations;
(h)
Have perpetual existence;
(i)
Have and use a corporate seal;
(j)
Sue and be a party to suits, actions, and proceedings;
(k)
Enter into contracts and agreements affecting the affairs of the authority including, but not limited to, contracts with the United States and the state of Colorado and any of their agencies or instrumentalities, political subdivisions of the state of Colorado, corporations, and individuals;
(l)
Acquire, hold, lease (as lessor or lessee), and otherwise dispose of and encumber real and personal property;
(m)
Acquire, lease, rent, manage, operate, construct, and maintain water quality control facilities or improvements for drainage, nonpoint sources, or runoff within or without the authority;
(n)
Establish rates, tolls, fees, charges, and penalties except on agricultural land for the functions, services, facilities, and programs of the authority; except that the total annual revenue collected from said rates, tolls, fees, and charges, less the cost of said functions, services, facilities, and programs, shall not exceed thirty percent of the annual authority budget;
(o)
Establish in cooperation with the department of natural resources fees for Cherry Creek reservoir users, which amounts shall be subject to the review and approval of the board of parks and outdoor recreation, which shall not unreasonably withhold approval. Said reservoir fees, including all users regardless of activity, however established, shall not in total exceed the amount that would be collected if the reservoir user fee was one dollar per reservoir user per year.
(p)
(I)
Levy and collect ad valorem taxes on and against all taxable property within the authority subject to the limitation that no mill levy for any fiscal year shall exceed one-half mill; however, ad valorem taxes greater than one-half mill can be levied by the authority if it is approved by the electors at an election held according to the procedures of part 8 of article
1
of title
32
, C.R.S.
(II)
No property tax shall be levied until the fees from the recreation users and the development fees are established.
(q)
Issue and refund revenue and assessment bonds and pledge the revenues of the authority or assessments therefor to the payment thereof in the manner provided in part 4 of article
35
of title
31
, C.R.S., and as provided in this article;
(r)
Invest any moneys of the authority in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S.;
(s)
Review and approve water quality control projects of any entity other than the authority within the boundaries of the authority;
(t)
Except that the authority shall not have the power to regulate agricultural nonpoint source activities; such agricultural nonpoint source activities shall be subject only to the provisions of section
25-8-205(5)
;
(u)
Have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted to the authority by this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.
(2)
Nothing in subsection (1) of this section shall be construed as authorizing the authority to take any action or spend any moneys in a manner that is inconsistent with its statutory purpose to protect and preserve the water quality of Cherry Creek reservoir. Consistent therewith, the authority shall expend funds only pertaining to the water quality standards, control regulations, or similar regulations regarding the water quality of Cherry Creek and Cherry Creek reservoir if such expenditures are clearly consistent with improving, protecting, and preserving such water quality. The authority shall focus its efforts on improving, protecting, and preserving the water quality of Cherry Creek and Cherry Creek reservoir, and on achieving and maintaining the existing water quality standards.
(3)
Of the revenues collected by the authority under paragraphs (n), (o), and (p) of subsection (1) of this section, a minimum of sixty percent on an annual basis shall be spent on construction and maintenance of pollution abatement projects in the Cherry Creek basin or on payments due under loans or other debt incurred and spent by the authority entirely upon such projects.
L. 88: Entire article added, p. 1035, § 1, effective April 28. L. 89: (1)(r) amended, p. 1111, § 17, effective July 1. L. 2001: (1)(a), (1)(d), (1)(e), and (1)(n) amended and (2) and (3) added, p. 898, § 4, effective August 8.