(1) (a) The district, any subdistrict, and any
political subdivision of the state of Colorado contracting with the district or
subdistrict and fixing and collecting annual rentals, service charges, and other
charges, or any combination thereof, are, in supplementation of the powers
provided in this article, authorized to fix and collect rents, rates, fees, tolls, and
other charges, in this article sometimes referred to as service charges, for direct
or indirect connection with, or the use or services of, a water system, electrical
system, joint system, or other facilities, including, without limitation, connection
charges, minimum charges, and charges for the availability of service.
(b) Such service charges may be charged to and collected in advance or
otherwise by a district from any political subdivision or person and by any political
subdivision from any person contracting for such connection or use or services or
from the owner or occupant, or any combination thereof, of any real property which
directly or indirectly is or has been or will be connected with any such facilities, and
the political subdivision or owner or occupant of any such real property shall be
liable for and shall pay such service charges to the district, subdistrict, or political
subdivision fixing the service charges at the time when and place where such
service charges are due and payable.
(c) Such service charges of the district or subdistrict may accrue from any
date on which the board of directors reasonably estimates, in any resolution
authorizing the issuance of any securities or other instrument pertaining thereto or
in any contract with any political subdivision or person, that any facilities or project
being acquired or improved and equipped will be available for service or use.
(2) (a) Such rents, rates, fees, tolls, and other charges, being in the nature of
use or service charges, shall, as nearly as the district, subdistrict, or political
subdivision fixing the service charges shall deem practicable and equitable, be
reasonable, and such service charges shall be uniform throughout the district,
subdistrict, or political subdivision for the same type, class, and amount of use or
service of the facilities and may be based or computed either: On measurements of
water, flow devices, or electric meters, duly provided and maintained by the district,
subdistrict, or political subdivision, or any user as approved by the district,
subdistrict, or political subdivision fixing such charges; or on the consumption of
water or electricity in or on or in connection with the political subdivision, or any
person, or real property, making due allowance for commercial use of water and
infiltration of groundwater and discharge of surface runoff to the facilities, or on
the number and kind of water or electric outlets on or in connection with the
political subdivision, person, or real property, or on the water or electric fixtures or
facilities in or on or in connection with the political subdivision, person, or real
property; or on the number of persons residing or working in or on or otherwise
connected or identified with the political subdivision, person, or real property, or on
the capacity of the improvements in or on or connected with the political
subdivision, person, or real property; or upon the availability of service or readiness
to serve by the facilities; or on any other factors determining the type, class, and
amount of use or service of the facilities; or on any combination of any such factors.
(b) Reasonable penalties may be fixed for any delinquencies, including,
without limitation, interest on delinquent service charges from any date due at a
rate of not exceeding one percent per month or fraction thereof, reasonable
attorneys' fees, and other costs of collection.
(3) The district, subdistrict, or political subdivision fixing the service charges
shall prescribe and, from time to time when necessary, revise a schedule of such
service charges, which shall comply with the terms of any contract of the district,
subdistrict, or political subdivision fixing the service charges.
(4) The general assembly has determined and declared that the obligations,
arising from time to time, of the district, any subdistrict, any political subdivision, or
any person to pay service charges fixed in connection with any facilities shall
constitute general obligations of the district, subdistrict, political subdivision, or
person charged with their payment; but, as such obligations accrue for current
services and benefits from, and the use of, any such facilities, the obligations shall
not constitute an indebtedness of the district, any subdistrict, or any political
subdivision within the meaning of any constitutional, charter, or statutory limitation
or any other provision restricting the incurrence of any debt.
(5) No board, agency, bureau, commission, or official, other than the board of
directors of the district or subdistrict, respectively, or the governing body of the
political subdivision fixing the service charges, has authority to fix, prescribe, levy,
modify, supervise, or regulate the making of service charges or to prescribe,
supervise, or regulate the performance of services pertaining to the facilities
thereof, as authorized by this article; but this subsection (5) shall not be construed
to be a limitation on the contracting powers of the board of directors of the district
or any subdistrict, respectively, or the governing body of any such political
subdivision.