Colorado Revised Statutes

Colo. Rev. Stat. § 40-5-104 (2026)

Acquisition by municipality

✓ current as of July 2026
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(1) Any municipality which has acquired or constructed any public utility plant, property, or facility has the power to contract with a public utility for the operation of any part or the whole thereof, subject to the provisions of articles 1 to 7 of this title and to exercise, in respect to such public utility, the powers of regulation and supervision conferred upon it by the commission.

(2) Sections 40-5-101 to 40-5-104 shall not apply to railroads. Source: L. 17: p. 417, § 1. C.L. § 2946. CSA: C. 137, § 36. CRS 53: § 115-5-4. C.R.S. 1963: § 115-5-4. L. 69: p. 938, § 30.

Notes of Decisions
Cited in 2 cases, 1996–2004 · leading case: People v. Cunefare, 102 P.3d 302 (Colo. 2004).
People v. Cunefare, 102 P.3d 302 (Colo. 2004). · cites it 2× “1, § 40-5-104, 1971 Colo. Sess. Laws 388 , 435.”
City of Colorado Springs v. Mountain View Elec. Ass'n, 925 P.2d 1378 (Colo. Ct. App. 1996). · cites it 2× “17): Any municipality which has acquired or constructed any public utility plant, property, or facility has the power to contract with a public utility for the operation of *1383 any part or the whole thereof, subject to the provisions of articles 1 to 7 of this title and to…”
— Colo. Rev. Stat. § 40-5-104(1) — 1 case
City of Colorado Springs v. Mountain View Elec. Ass'n, 925 P.2d 1378 (Colo. Ct. App. 1996). “17): Any municipality which has acquired or constructed any public utility plant, property, or facility has the power to contract with a public utility for the operation of *1383 any part or the whole thereof, subject to the provisions of articles 1 to 7 of this title and to…”
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