Colorado § 40-4-105 Joint use of equipment and facilities

Colorado Statutes

§ 40-4-105 — Joint use of equipment and facilities

Colorado·Title 40 Utilities·Art. Service and Equipment

(1)Whenever the commission, after a hearing upon its own motion or upon complaint of a public utility affected, finds that the public convenience and necessity require the use by one public utility of the conduits, subways, tracks, wires, poles, pipes, or other equipment, or any part thereof on, over, or under any street or highway that belongs to another public utility, or the crossing of a railroad right-of-way by a public utility for installation of its own facilities in a manner and in a location that is compatible with the use for railroad purposes, and that such use will not result in irreparable injury to the owners or other users of such conduits, subways, wires, tracks, poles, pipes, or other equipment or to the railroad's use of the right-of-way, or in any substantial

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(1) Whenever the
commission, after a hearing upon its own motion or upon complaint of a public
utility affected, finds that the public convenience and necessity require the use by
one public utility of the conduits, subways, tracks, wires, poles, pipes, or other
equipment, or any part thereof on, over, or under any street or highway that belongs
to another public utility, or the crossing of a railroad right-of-way by a public utility
for installation of its own facilities in a manner and in a location that is compatible
with the use for railroad purposes, and that such use will not result in irreparable
injury to the owners or other users of such conduits, subways, wires, tracks, poles,
pipes, or other equipment or to the railroad's use of the right-of-way, or in any
substantial detriment to the service, and that such public utilities have failed to
agree upon such use or the terms and conditions or compensation for the same, the
commission by order may direct that such use be permitted and prescribe
reasonable compensation and reasonable terms and conditions for the joint use. If
such use is directed, the public utility to whom the use is permitted shall be liable to
the owner or other users of such conduits, subways, tracks, wires, poles, pipes,
other equipment, or railroad right-of-way, for such damage as may result therefrom
to the property of such owners or other users thereof.

(2) In proceedings arising out of a complaint requesting the commission to
authorize and determine appropriate compensation to be paid by a public utility to
install its own facilities across a railroad right-of-way in a manner and location
compatible with railroad use of the right-of-way, the commission may require the
parties involved in the proceeding to reimburse the commission for the reasonable
expenses, attorney fees, and expert witness fees the commission incurs in making
its determination. Any fee collected pursuant to this section shall be remitted to the
state treasurer, who shall credit such fee to the public utilities commission fixed
utility fund created pursuant to section 40-2-114.

(3) Nothing in this section shall be construed to limit the right of a public
utility to exercise the power of eminent domain to acquire property pursuant to
applicable law.

(4) For purposes of this section, with respect to crossing of railroad rights-of-way by a public utility, the term public utility shall include power authorities
organized under section 29-1-204, C.R.S. The term public utility shall also include
municipal utilities and cooperative electric associations otherwise exempt from this
article.

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Legislative History

Source: L. 13: p. 478, � 28. C.L. � 2939. CSA: C. 137, � 29. CRS 53: � 115-4-5. C.R.S. 1963: � 115-4-5. L. 69: p. 934, � 23. L. 2002: Entire section amended, p. 1946, � 2, effective June 8.