§ 32-11.5-102 — Legislative declaration

Colorado § 32-11.5-102

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Fountain Creek Watershed, Flood Control,

Text

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

(a) The Fountain creek watershed, including Fountain creek, related
wetlands, existing trails, and recreational facilities, is a unique and high quality
watershed that is an important resource and asset to the people of El Paso county,
Pueblo county, and the state of Colorado;

(b) There are many challenges arising from the unique nature of the Fountain
creek watershed, including torrential storms that occur intermittently in urban and
rural areas that drain into Fountain creek and result in increased potential for flood
danger to property, natural resources, and persons within the urban and rural areas
of the watershed;

(c) It is necessary to address flooding, drainage, sedimentation, water
quality, water quantity, and erosion problems within the Fountain creek watershed
in El Paso county and Pueblo county;

(d) Because the Fountain creek watershed is physically located in both El
Paso county and Pueblo county and crosses the jurisdictional boundaries of the two
counties, the cities of Colorado Springs, Fountain, Manitou Springs, and Pueblo, and
the towns of Palmer Lake, Green Mountain Falls, and Monument, the watershed
includes large areas of both incorporated and unincorporated land, which has:

(I) Resulted in the fragmentation and proliferation among the counties and
municipalities of powers, rights, privileges, and duties pertaining to storm water,
flood mitigation, and attenuation and drainage within the watershed; and

(II) Left the counties and municipalities unable to acquire suitable capital
improvements for the mitigation of the flooding, drainage, and erosion problems
within the watershed;

(e) In order to address flooding, drainage, sedimentation, water quality,
water quantity, and erosion problems and recreational opportunities within the
Fountain creek watershed and effectively protect, develop, and use the natural
resources within the watershed, it is necessary and appropriate to create the
Fountain creek watershed, flood control, and greenway district and to authorize the
district to primarily manage, administer, and fund the capital improvements
necessary in the Fountain creek watershed and the Fountain creek watershed
management area to:

(I) Prevent and mitigate flooding, sedimentation, and erosion;

(II) Improve water quality and otherwise address water quality and water
quantity issues;

(III) Improve drainage;

(IV) Fund the acquisition and protection of open space;

(V) Develop public recreational opportunities, including parks, trails, and
open space; and

(VI) Improve wildlife and aquatic habitat and restore, enhance, establish, and
preserve wetlands.

(2) The general assembly further finds and declares that:

(a) A general law cannot be made applicable to the Fountain creek
watershed, flood control, and greenway district, or to the 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;

(b) The creation of the Fountain creek watershed, flood control, and
greenway district 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 within the district;

(c) 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;

(d) All legal and available funding sources shall be available to the district,
including, but not limited to, mill levies, service fees, special assessments, and gifts,
grants, and donations from public, private, and not-for-profit sources.

Legislative History

Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 840, � 1, effective April 30.