Cities and towns are granted the power of eminent domain both within and beyond their corporate limits, for the purpose of constructing or installing storm or sanitary sewers, septic tanks, disposal works, or electric lines, regulator stations, substations, and related facilities, such power to be exercised in the manner prescribed by law. Nothing in this section shall authorize the pollution or contamination of any public river, stream, or water.
Source: L. 21: p. 773, § 1. C.L. § 9097. CSA: C. 163, § 140. CRS 53: § 50-6-22. L. 63: p. 482, § 8. C.R.S. 1963: § 50-6-22.
ANNOTATION
Law reviews. For comment, "Water: Statewide or Local Concern? City of Thornton v. Farmers Reservoir & Irrigation Co., 194 Colo. 526, 575 P.2d 382 (1978)", see 56 Den. L. J. 625 (1979).
Town must comply with § 30-28-110 in exercising powers under this section. A town must comply with county zoning procedures enunciated in § 30-28-110, when the town exercises its power of eminent domain for construction of sewage facilities beyond its corporate limits pursuant to this section. Blue River Defense Comm. v. Town of Silverthorne, 33 Colo. App. 10, 516 P.2d 452 (1973).
County residents entitled to present objections and views. Even though a town may affirmatively overrule a county's decision regarding the town's proposed construction of a sewage plant, the residents of the county are entitled to an opportunity to present their objections and views and to have these considered as part of the planning commission's approval or disapproval and to require that if construction is to proceed, the town must determine to proceed in the face of the county's objection. Blue River Defense Comm. v. Town of Silverthorne, 33 Colo. App. 10, 516 P.2d 452 (1973).
Public stream not condemnable for sewer system purposes. This section grants to municipal corporations the authority to condemn land for the right-of-way for sewers, but no statute provides for the condemnation of a public stream for the purpose of making it a part of a sewer system. Healy v. City of Delta, 59 Colo. 124, 147 P. 662 (1915).