The general assembly hereby finds and declares that the provisions of article XXV of the Colorado constitution allow the public utilities commission to establish exclusive service territories for utilities as provided in article 5 of this title and that it has been the policy of the state of Colorado to establish exclusive service territories for cooperative electric associations. The general assembly further finds and declares that, if a cooperative electric association has been granted an exclusive service territory that is within a municipality that operates an electric utility or within an area annexed by a municipality that operates an electric utility, the municipality has taken private property and shall pay just compensation for the electric distribution facilities and certificate of public convenience and necessity of the association located within the municipality. Therefore, it is declared to be a matter of statewide concern and to be the purpose of this part 2 to establish a procedure to be followed when the certificated service territory of a cooperative electric association is included within a municipality that operates an electric utility or within an area annexed by a municipality that operates an electric utility.
Source: L. 86: Entire part added, p. 1159, § 1, effective May 27.
Structure Colorado Code
Article 9.5 - Cooperative Electric Associations
Part 2 - Service Territories Within Municipalities Owning and Operating Electric Utilities
§ 40-9.5-201. Legislative Declaration
§ 40-9.5-204. Just Compensation for Service Rights and Facilities by Municipality
§ 40-9.5-206. Provisions on Purchase Nonexclusive - No Effect on Existing Contracts