Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0815.01 Jason Gelender x4330 HOUSE BILL 14-1219
                    HOUSE SPONSORSHIP
 Rankin, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Local Government
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning clarification that the obligation of a local
            government to maintain at its own expense a structure
            that allows water to cross the path of a highway
            without interfering with travel on the highway does
            not require the local government to bear the costs of
            constructing any new structure or completely
            reconstructing or replacing any existing structure.
       
       
                           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://www.leg.state.co.us/billsummaries.)
       
            Current law requires a person or corporation that owns a ditch,
       race, drain, or flume to construct a culvert, bridge, or similar structure
       (structure) when necessary to ensure that water being conveyed by the
       ditch, race, drain, or flume does not interfere with safe and convenient
       travel on any highway, or to pay the costs incurred by a local government
       in constructing a structure. The local government in which the structure
       is located must then maintain the structure at its own expense. The bill
       clarifies that the maintenance obligation of a local government does not
       include construction of a new structure or complete reconstruction or
       replacement of an existing structure and that any such costs must be paid
       by the person or corporation that owns the affected ditch, race, drain, or
       flume.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 43-5-305, amend (1)
       as follows:
            43-5-305.  Owners construct culverts - penalty - definition.
       (1) (a)  Any person or corporation owning or constructing any ditch, race,
       drain, or flume in, upon, or across any highway shall keep the highway
       open for safe and convenient travel by constructing culverts, bridges, or
       similar structures over such ditch, race, drain, or flume. When any ditch
       is constructed across, in, or upon any highway, the person owning or
       constructing such ditch shall construct a culvert, bridge, or similar
       structure long enough to conduct the water from shoulder to shoulder
       from such road or highway or of such greater length as the board of
       county commissioners having jurisdiction thereover may require, plans
       for said culvert, bridge, or similar structure having been approved in
       advance by said board of county commissioners. The board of county
       commissioners shall maintain said culvert, bridge, or similar structure
       after construction, in accordance with the provisions of section
       37-84-106, C.R.S.
            (b)  As used in this subsection (1), "maintain" includes the
       preservation, repair, reconstruction, or replacement of a
       portion of a culvert, bridge, or similar structure. "Maintain"
       does not include construction of a new culvert, bridge, or
       similar structure or complete reconstruction or replacement
       of an existing culvert, bridge, or similar structure. New
       construction or complete reconstruction or replacement is the
       obligation of a person or corporation as specified in this section.
            SECTION 2.  In Colorado Revised Statutes, amend 37-84-106 as
       follows:
            37-84-106.  Bridges over ditch - maintenance.  All bridges
       constructed over any ditch, race, drain, or flume crossing any public
       highway, street, or alley, after construction, shall be maintained by and at
       the expense of the county or municipality in which such ditch, race, drain,
       or flume may be situated. The obligation of a county or
       municipality to maintain a bridge at its own expense does not
       include construction of a new bridge or complete
       reconstruction or replacement of an existing bridge, the costs
       of which must be borne as specified in section 37-84-103.
            SECTION 3.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       6, 2014, if adjournment sine die is on May 7, 2014); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2014 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.