§ 40-5-102 — Certificate of public convenience and necessity

No public utility
shall exercise any right or privilege under any franchise, permit, ordinance, vote, or
other authority granted after April 12, 1913, or under any franchise, permit,
ordinance, vote, or other authority granted before April 12, 1913, but not actually
exercised before said date or the exercise of which has been suspended for more
than one year without first having obtained from the commission a certificate that
public convenience and necessity require the exercise of such right or privilege.
When the commission finds, after hearing, that a public utility has, before April 12,
1913, begun actual construction work and is prosecuting such work, in good faith,
uninterruptedly, and with reasonable diligence in proportion to the magnitude of
the undertaking, under any franchise, permit, ordinance, vote, or other authority
granted before April 12, 1913, but not actually exercised before said date, such
public utility may proceed, under such rules and regulations as the commission may
prescribe, to the completion of such work and after such completion, may exercise
such right or privilege. Sections 40-5-101 to 40-5-104 shall not be construed to
validate any right or privilege invalid on April 12, 1913, or becoming invalid after said
date under any law of this state.

Legislative History

Source: L. 13: p. 481, � 35. L. 17: p. 418, � 1. C.L. � 2946. CSA: C. 137, � 36. CRS 53: � 115-5-2. C.R.S. 1963: � 115-5-2.