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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0963.01 Sam Anderson x4218 SENATE BILL 26-157
Senate Committees House Committees
Local Government & Housing
A BILL FOR AN ACT
CONCERNING THE ABANDONMENT OF A TOWN THAT HAS CRITICAL101
WATER INFRASTRUCTURE FOR THE RESIDENTS OF THE TOWN.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, a town must fail to hold any regular or special
election or elect officers to maintain any town government for a period of
at least 5 years before a county or a landowner in the town may apply to
the secretary of state (secretary) to determine that the town is abandoned.
The bill also allows a registered elector in the town to apply to the
secretary to determine that a town is abandoned. In addition, the bill
SENATE SPONSORSHIP
Pelton R. and Hinrichsen,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
allows for a county, a landowner in the town, or a registered elector in the
town to apply to the secretary to determine a town is abandoned when a
town has no board of trustees or town clerk, when a town is unable to
hold an election, and when a town owns or operates infrastructure critical
for the treatment or delivery of water to residents.
The bill also authorizes the department of public health and
environment to transfer up to $100,000 from the small communities water
and wastewater grant fund to the department of public safety to cover the
cost of operation and maintenance of a town's water system if an
application for abandonment of the town has been filed with the secretary
and the town has a water system that is failing or is likely to fail.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 31-3-201 as2
follows:3
31-3-201. Procedure for determination of abandonment.4
(1) A TOWN MAY BE DETERMINED TO BE ABANDONED:5
(a) When any town has failed, for a period of five years or longer6
immediately prior to the filing of the application under this section, to7
hold any regular or special election or to elect officers and to maintain8
any town government. such town may be determined to be abandoned as9
follows:10
(b) WHEN ANY TOWN DOES NOT HAVE A BOARD OF TRUSTEES OR11
TOWN CLERK, IS UNABLE TO HOLD AN ELECTION, AND OWNS OR OPERATES12
WATER INFRASTRUCTURE CRITICAL FOR THE TREATMENT OR DELIVERY OF13
WATER TO RESIDENTS . IF A TOWN IS ABANDONED PURSUANT TO THIS14
SUBSECTION (1)(b):15
(I) T HE COUNTY IS NOT LIABLE FOR THE DEBT OR OTHER16
OBLIGATIONS OR OTHER REQUIREMENTS OF THE TOWN RELATED TO THE17
WATER SYSTEM; AND18
(II) U PON ABANDONMENT OF THE TOWN , THE COUNTY SHALL19
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TRANSFER ALL REAL AND PERSONAL PROPERTY COMPRISING THE WATER1
SYSTEM FROM THE COUNTY TO AN ENTITY THAT HAS THE PRIMARY2
PURPOSE OF WATER DELIVERY, UNLESS OTHERWISE DETERMINED BY THE3
COUNTY.4
(2) THE PROCEDURE TO DETERMINE THAT A TOWN IS ABANDONED5
IS AS FOLLOWS:6
(a) The county attorney of the county in which the town is located,7
or any owner of land in such IN THE TOWN, OR ANY REGISTERED ELECTOR8
OF THE town may make application to the secretary of state to determine9
that the town is abandoned.10
(b) The secretary of state shall forthwith cause notice of the filing11
of such application to be published once in some newspaper of general12
circulation in the county and, where possible, to be posted in at least two13
conspicuous locations within the town ON THE SECRETARY OF STATE 'S14
WEBSITE AND IN AT LEAST TWO CONSPICUOUS LOCATIONS WITHIN THE15
TOWN. The notice shall specify the date, time, and place where said THE16
application will be heard, which date shall be not less than twenty days17
after the date of such publication.18
(c) The secretary of state shall hear such THE application and, after19
receiving evidence thereon, shall determine whether or not said THE town20
has been abandoned. If he THE SECRETARY determines that the town is21
abandoned, THE SECRETARY SHALL FILE a copy of such THE determination22
shall be filed with the county clerk and recorder of the county in which23
said THE town was located. Thereupon, said THE town shall cease to exist.24
(d) The books, documents, records, papers, and corporate seal of25
any town so abandoned PURSUANT TO THIS SECTION shall be deposited26
with the county clerk and recorder of the county within which the town27
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or any part thereof is located, for safekeeping and reference in the future.1
SECTION 2. In Colorado Revised Statutes, 25-1.5-208, add2
(4)(d) as follows:3
25-1.5-208. Grant program for public water systems and4
domestic wastewater treatment works - small communities water and5
wastewater grant fund - rules - repeal.6
(4) (d) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (4)(a)7
OF THIS SECTION REGARDING THE PERMISSIBLE USES OF MONEY IN THE8
FUND, IF AN APPLICATION FOR THE ABANDONMENT OF A TOWN HAS BEEN9
FILED WITH THE SECRETARY OF STATE PURSUANT TO SECTION10
31-3-201(1)(b) AND THE TOWN HAS A WATER SYSTEM THAT IS FAILING OR11
IS LIKELY TO FAIL, THE DEPARTMENT MAY TRANSFER UP TO ONE HUNDRED12
THOUSAND DOLLARS FROM THE FUND TO THE DEPARTMENT OF PUBLIC13
SAFETY FOR THE DEPARTMENT OF PUBLIC SAFETY TO CONTRACT FOR THE14
OPERATION AND MAINTENANCE OF THE TOWN'S WATER SYSTEM.15
(I) T HE DEPARTMENT OF PUBLIC SAFETY SHALL USE MONEY16
TRANSFERRED FROM THE FUND PURSUANT TO THIS SUBSECTION (4)(d)17
ONLY TO CONTRACT FOR THE ROUTINE OPERATION AND MAINTENANCE OF18
EXISTING WATER TREATMENT INFRASTRUCTURE FOR THE TOWN, SUCH AS19
THE OPERATION OF THE CHLORINE DISINFECTION SYSTEM AND REQUIRED20
SAMPLING, AND NOT FOR IMPROVEMENTS TO THE WATER SYSTEM OR21
OTHER PROJECTS THAT REQUIRE MORE SIGNIFICANT EXPENDITURES. THE22
DEPARTMENT OF PUBLIC SAFETY SHALL USE MONEY TRANSFERRED FROM23
THE FUND ONLY AFTER AN APPLICATION FOR ABANDONMENT OF A TOWN24
IS FILED WITH THE SECRETARY OF STATE, UNTIL THE SECRETARY OF STATE25
MAKES A FINAL DETERMINATION ON THAT APPLICATION; EXCEPT THAT THE26
DEPARTMENT OF PUBLIC SAFETY MAY USE THE MONEY FROM THE FUND27
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FOR AN ADDITIONAL SIX MONTHS AFTER THE SECRETARY OF STATE MAKES1
A FINAL DETERMINATION ON THE APPLICATION FOR ABANDONMENT OF THE2
TOWN IF THE DEPARTMENT OF PUBLIC SAFETY DETERMINES , ON A3
MONTHLY BASIS, THAT THE USE OF MONEY FROM THE FUND IS NECESSARY.4
(II) ANY ASSISTANCE PROVIDED FOR THE ROUTINE MAINTENANCE5
OR OPERATION OF EXISTING WATER TREATMENT INFRASTRUCTURE6
PURSUANT TO THIS SUBSECTION (4)(d) IS TEMPORARY AND DOES NOT7
TRANSFER OWNERSHIP OF THE WATER SYSTEM TO THE STATE. THE STATE8
IS NOT RESPONSIBLE OR LIABLE FOR THE WATER SYSTEM OR THE DEBTS ,9
OBLIGATIONS, OR OTHER REQUIREMENTS OF THE TOWN FOR WHICH AN10
APPLICATION FOR ABANDONMENT WAS FILED.11
(III) T HIS SUBSECTION (4)(d) IS REPEALED , EFFECTIVE JULY 1,12
2027.13
SECTION 3. Safety clause. The general assembly finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety or for appropriations for16
the support and maintenance of the departments of the state and state17
institutions.18
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