(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, user fees, 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, or a plan of water management, including,
without limitation, connection charges, minimum charges, water use fees, and
charges for the availability of service.
(b) Such service charges may be charged to and collected in advance or
otherwise by a district or subdistrict from any political subdivision, person, or owner
or occupant of real property that is directly or indirectly connected with, or served
or benefited by, any such facilities or plan of water management, 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 that directly or indirectly is or has been or will be connected with or served
or benefited by any such facilities or plan of water management, 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, or in any plan of water
management, that any facilities or project being acquired or improved and equipped
or services or benefit of such plan 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 or plan of water management, and may be based or
computed either on:
(I) 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;
(II) The diversion or consumption of water or consumption of electricity in or
on or in connection with the political subdivision, or by any person or owner or
occupant of real property, making due allowance for commercial use of water and
infiltration of groundwater and discharge of surface runoff to the facilities or
property;
(III) The number and kind of water or electric outlets on or in connection with
the political subdivision, person, or real property;
(IV) The water or electric fixtures or facilities in or on or in connection with
the political subdivision, person, or real property;
(V) The number of persons residing or working in or on or otherwise
connected or identified with the political subdivision, person, or real property;
(VI) The capacity of the improvements in or on or connected with the political
subdivision, person, or real property;
(VII) The availability of service or readiness to serve by the facilities;
(VIII) The amount of surface or groundwater usage by or in connection with
or for the benefit of the political subdivision, person, or owner or occupant of real
property;
(IX) Any other factors determining the type, class, and amount of use or
service of the facilities; or
(X) 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
attorney 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 or plan, 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 or the board of managers 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 or
the board of managers of the district, respectively, or any subdistrict or the
governing body of any such political subdivision.
(6) Any service charges payable by the owners or occupants of real property
and any penalties for delinquency may be certified to the boards of county
commissioners of the respective counties in which the real property is located and
shall then be included by them in their next annual levy for state and county
purposes. Such amount so certified shall be collected in the same manner as
provided in section 37-48-110 (2). The proceeds of such levy shall be paid to the
district as provided in section 37-48-107 (3).