A Bill for an Act
Page 1, Line 101Concerning the provision of water service by special
Page 1, Line 102districts, and, in connection therewith, requiring a
Page 1, Line 103special district to satisfy certain requirements when
Page 1, Line 104establishing the amount of a tap fee.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
A tap fee is a fee that is paid by a developer or property owner in order to connect a property to a public water or sewer system. Current law allows the board (board) of any sanitation, water and sanitation, or water district (water district) to impose and set the amount of a tap fee.
The bill states that a board has a duty to provide water service if the water district has the capacity to do so. The bill also requires a board, in determining the amount of a tap fee, to:
- Ensure that the amount of the tap fee is reasonably related to the costs incurred by the water district in providing water service, which may include costs relating to the acquisition of water rights; and
- Take into consideration as supporting a reduced or proportional tap fee at least 2 of the following factors:
- Expected long-term water usage, both indoor and outdoor;
- The square footage of the unit;
- The presence of low-water-usage appliances, if applicable;
- The number of bedrooms and bathrooms; and
- The presence of graywater treatment works, if applicable.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 32-1-1006, amend (1)(g); and add (9) as follows:
Page 2, Line 332-1-1006. Sanitation, water and sanitation, or water districts
Page 2, Line 4- additional powers - special provisions. (1) In addition to the powers
Page 2, Line 5specified in section 32-1-1001, the board of any sanitation, water and
Page 2, Line 6sanitation, or water district has the following powers for and on behalf of such district:
Page 2, Line 7(g) To fix and
from time to time toPage 2, Line 8decrease tap fees in accordance with subsection (9) of this section.
Page 2, Line 9The board may pledge
suchPage 2, Line 10(9) (a) The board of a sanitation, water and sanitation, or
Page 2, Line 11water district has a duty to provide water service if the special
Page 2, Line 12district has the capacity to do so.
Page 3, Line 1(b) In determining the amount of a tap fee as described in
Page 3, Line 2subsection (1)(g) of this section, the board of a sanitation, water and sanitation, or water district shall:
Page 3, Line 3(I) Ensure that the amount of the tap fee is reasonably
Page 3, Line 4related to the costs incurred by the sanitation, water and
Page 3, Line 5sanitation, or water district in providing water service, which
Page 3, Line 6may include costs relating to the acquisition of water rights; and
Page 3, Line 7(II) Take into consideration as supporting a reduced or proportional tap fee at least two of the following factors:
Page 3, Line 8(A) Expected long-term water usage, both indoor and outdoor;
Page 3, Line 9(B) The square footage of the unit;
Page 3, Line 10(C) The presence of low-water-usage appliances, if applicable;
Page 3, Line 11(D) The number of bedrooms and bathrooms; and
Page 3, Line 12(E) The presence of graywater treatment works, as defined in section 25-8-103 (8.4), if applicable.
Page 3, Line 13SECTION 2. Act subject to petition - effective date. This act
Page 3, Line 14takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 15ninety-day period after final adjournment of the general assembly; except
Page 3, Line 16that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 17of the state constitution against this act or an item, section, or part of this
Page 3, Line 18act within such period, then the act, item, section, or part will not take
Page 3, Line 19effect unless approved by the people at the general election to be held in
Page 3, Line 20November 2026 and, in such case, will take effect on the date of the
Page 3, Line 21official declaration of the vote thereon by the governor.