§ 40-7.5-102 — Civil action allowed

Colorado § 40-7.5-102

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Civil Remedies Available to Utilities

Text

(1) A utility may bring a civil action for
damages against any person who commits, authorizes, solicits, aids, abets, or
attempts any of the following acts resulting in damages to the utility: Bypassing,
tampering, or unauthorized metering. In addition, a utility may bring a civil action for
damages pursuant to this section against any person who knowingly receives utility
service through means of bypassing, tampering, or unauthorized metering. An
action brought pursuant to this section shall be commenced within three years
after the cause of action accrues.

(2) In any civil action brought pursuant to this section, the utility shall be
entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized
metering, to recover as damages three times the amount of the actual damages, if
any, plus all reasonable expenses and costs incurred on account of the bypassing,
tampering, or unauthorized metering, including, but not limited to, costs and
expenses for investigation, disconnection, reconnection, service calls, employees
and equipment, and expert witnesses; costs of the suit; and reasonable attorney
fees.

Legislative History

Source: L. 83: Entire article added, p. 1565, � 1, effective July 1.