§ 32-11-102 — Legislative declaration

Colorado § 32-11-102

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Urban Drainage and Flood Control Act

Text

(1) The general assembly hereby
determines, finds, and declares that:

(a) All property to be acquired by the district under this article shall be
owned, operated, administered, and maintained for and on behalf of all of the
people of the district;

(b) The creation of the district by this article promotes the health, comfort,
safety, convenience, and welfare of all the people of the state and is of special
benefit to the inhabitants of the district and the property therein;

(c) The provisions in this article of the purposes, powers, duties, privileges,
immunities, rights, liabilities, and disabilities concerning the district serve a public
use;

(d) The district created by this article is a body corporate and politic, a
political subdivision of the state, and a municipal corporation with the powers
provided in this article;

(e) Any notice provided for in this article for any purpose is reasonably
calculated to inform each person of interest in any proceedings under this article
which may directly and adversely affect his legally protected interests, if any;

(f) The necessity for this article results from the large population growth in
the urban area included by this article within the district constituting a major
portion of the state's population, from the numerous capital improvements and
large amount of improved real property situated within such urban area, from the
torrential storms occurring sporadically and intermittently in the urban area and
other areas draining into such urban area, from the increasing danger of floods
therein and the resultant risks to the property and to the health and safety of the
persons within the urban area, from the division of the urban area into large areas of
incorporated areas and unincorporated areas, from the fragmentation and
proliferation of powers, rights, privileges, and duties pertaining to water, flood
control, and drainage within such urban area among a substantial number of public
bodies, and from the resultant inabilities of such public bodies to acquire suitable
capital improvements for the alleviation of such dangers and risks;

(g) A general law cannot be made applicable to the district, and to
properties, powers, duties, privileges, immunities, rights, liabilities, and disabilities
pertaining thereto as provided in this article, because of the number of atypical
factors and special conditions concerning them;

(h) The powers, privileges, and rights granted in this article, and the duties,
immunities, liabilities, and disabilities provided in this article comply in all respects
with any requirement or limitation imposed by any constitutional provision;

(i) For the accomplishment of the purposes provided in this section, the
provisions of this article shall be broadly construed;

(j) The experience of the Big Thompson flood of 1976 illustrates the need for
Colorado floodplains to be continually kept clear of debris and debris-collecting
structures. This need is most apparent in the urban drainage and flood control
district which encompasses many different political entities and more than one-half
of the entire population of this state. To meet this need, it is the intent of the
general assembly that a systematic and uniform program of preventive
maintenance be instituted and maintained in the district, which program shall be
administered by the board of directors of the district and not by local governments.

Legislative History

Source: L. 69: p. 733, � 2. C.R.S. 1963: � 89-21-2. L. 79: (1)(j) added, p. 1210, � 1, effective July 1.