(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.