Title 40, Utilities
0 chapters · 273 sections in this title.
Colo. Rev. Stat. § 40-18-105 Calculation and assessment of fees
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(1) Repealed. (2) (a) At each regular session, the general assembly shall determine the amounts to be expended by the commission from the public utilities commission fixed utility fund created in section 40-2-114 for its administrative expenses under this article, including any a…
Colo. Rev. Stat. § 40-20-101 Certificate of incorporation
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(1) Any number of persons, not less than five, may associate to form a company for the purpose of constructing and operating a railroad. (2) The certificate of incorporation, in addition to the matter otherwise required, shall specify as follows: (a) The places from and to which …
Colo. Rev. Stat. § 40-20-102 Powers of corporation
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(1) Every such corporation, in addition to the powers conferred in articles 101 to 117 of title 7, C.R.S., has the power: (a) To lay out its road, not exceeding two hundred feet in width, and to construct the same; and for the purpose of cuttings and embankments to take as much m…
Colo. Rev. Stat. § 40-20-104 May guarantee bonds and interest
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It is lawful for any railroad company organized, existing, or doing business in the state of Colorado under the laws of the state of Colorado, upon good consideration, to guarantee the payment of any mortgage, mortgage bonds, or interest coupons of any other railroad connecting w…
Colo. Rev. Stat. § 40-20-105 Construction started within two years
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If any railway corporation, within two years after its articles of association have been filed and recorded, does not begin the construction of its road and expend thereon twenty percent of the amount of its capital within five years after the date of its organization, its corpor…
Colo. Rev. Stat. § 40-20-106 Directors - election
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At any meeting of the stockholders of any railroad corporation formed under the laws of this state for the election of directors, managers, or trustees, the stockholders may classify the directors in three equal classes, as near as may be, one of which classes shall hold office f…
Colo. Rev. Stat. § 40-20-107 Stockholders to fix interest and loans
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At all general meetings of the stockholders, those holding a majority in the value of the stock of any such corporation may fix the rates of interest which shall be paid by the corporation for loans for the construction of such railway and its appendages and the amount of such lo…
Colo. Rev. Stat. § 40-20-108 Purchase or lease of other lines - sale
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Any railroad company owning or operating, or formed to own or operate, a line of railroad in this state may lease or purchase other lines of railroad within or without this state which shall connect with the road operated or to be operated by such company, directly or by means of…
Colo. Rev. Stat. § 40-20-109 Dining cars need no license
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No person or corporation shall be required to obtain or pay any town, city, county, or state license or tax within the state of Colorado by reason of furnishing or serving to passengers upon any railroad train meals, luncheons, or refreshments in any hotel car, dining car, or buf…
Colo. Rev. Stat. § 40-20-110 Title to equipment
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In any written contract for the sale of railroad equipment or rolling stock, deliverable immediately or subsequently, at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property…
Colo. Rev. Stat. § 40-20-111 Lease may stipulate sale
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In any written contract for the leasing or renting of railroad equipment or rolling stock, it is lawful to stipulate for a conditional sale thereof at the termination of such lease and to stipulate that the rentals received, as paid or when paid in full, may be applied and treate…
Colo. Rev. Stat. § 40-20-112 Execution of contract
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(1) Every such contract, specified in sections 40-20-110 and 40-20-111, shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors, provided: (a) The contract is acknowledged by the vendee or lessee before some officer authorized by law to t…
Colo. Rev. Stat. § 40-20-113 Acknowledgments
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The acknowledgments of such contracts may be made in the form required as to conveyances of real estate. Source: L. 1885: p. 303, � 5. R.S. 08: � 5527. C.L. � 2910. CSA: C. 139, � 96. CRS 53: � 116-1-13. C.R.S. 1963: � 116-1-13. Cross references: For form of real estate conveyanc…
Colo. Rev. Stat. § 40-20-114 Term of existence - renewal
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No such corporation shall be formed to continue more than fifty years in the first instance, but such corporation may be renewed from time to time, in such manner as may be provided by law, for periods not longer than fifty years. Source: G.L. � 299. G.S. � 334. R.S. 08: � 5419. …
Colo. Rev. Stat. § 40-20-301 Legislative declaration
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(1) The general assembly finds, determines, and declares that: (a) Railroad transportation is a critical component of Colorado's economy and provides efficient and cost-effective movement of goods across the state and beyond; (b) Protecting Colorado's residents, ecosystems, and i…
Colo. Rev. Stat. § 40-20-302 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Accident has the meaning set forth in 49 CFR 225.5. (2) Class I railroad has the meaning set forth in 49 U.S.C. sec. 20102 (1). (3) Class II railroad has the meaning set forth in 49 U.S.C. sec. 20102 (1). (4) Clas…
Colo. Rev. Stat. § 40-20-304 Emergency operations
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(1) State emergency response authorities may recommend actions necessary to protect railroads, rail workers, and public safety in the event of an emergency such as wildfire, flood, earth movement, or civil disorder, including stopping or rerouting rail traffic if deemed necessary…
Colo. Rev. Stat. § 40-20-305 Incident response requirements
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(1) (a) A railroad operating in Colorado that accommodates high-hazard flammable trains or high-hazard, high-consequence hazardous material shall coordinate with the department of public safety regarding emergency response and spill response capacity and planning. The railroad an…
Colo. Rev. Stat. § 40-20-308 Violations - penalties - rules
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(1) If a railroad or any officer, agent, or employee of the railroad violates section 40-20-303, the public utilities commission may impose a fine of not less than ten thousand dollars but not more than twenty-five thousand dollars on the railroad. Each day of a continuing violat…
Colo. Rev. Stat. § 40-20-310 Training - rules
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(1) On or before July 1, 2025, and at least once every three years thereafter, each railroad shall offer training to each fire department and other first responder organization having jurisdiction along tracks upon which the railroad operates in the state. In satisfying this requ…
Colo. Rev. Stat. § 40-20-311.5 Rail safety fee - rules - fund created
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(1) (a) Beginning on July 1, 2027, and subject to the deadlines described in subsection (3)(a) of this section, the following types of railroads shall pay an annual fee to cover the office of rail safety's and the commission's direct and indirect costs of implementing the require…
Colo. Rev. Stat. § 40-20-314 Enforcement
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The public utilities commission shall conduct periodic compliance reviews to ensure each railroad is in compliance with this part 3. Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 761, � 1, effective July 1.
Colo. Rev. Stat. § 40-20-315 Severability
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If any provision of this part 3 or the application of this part 3 to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 3 that can be given effect without the invalid provision or application, and to this end …
Colo. Rev. Stat. § 40-21-101 Domestic railroads - headquarters
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Every railroad company chartered by this state shall keep and maintain permanently its general offices within the state of Colorado at the place named in its charter for the location of its general offices; and, if no certain place is named in its charter where its general office…
Colo. Rev. Stat. § 40-21-102 Officials at general offices
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It is the duty of said railroad company to keep and maintain at the place within this state where its said general offices are located the office of its president or vice-president, secretary, treasurer, local treasurer, auditor, general freight agent, traffic manager, general ma…
Colo. Rev. Stat. § 40-21-103 Violation of article - penalty
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Each railroad company chartered by this state or owning, operating, or controlling any line of railroad within this state which violates any of the provisions of this article shall forfeit to the state of Colorado the charter or right by which it operates its railroad in this sta…
Colo. Rev. Stat. § 40-22-101 Consolidation of roads - restrictions
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It is lawful for any railroad company or corporation, organized or existing under the laws of this state, and whose line or road is made or is in the process of construction to the boundary line of the state or to any point either in or out of the state, under authority of its la…
Colo. Rev. Stat. § 40-22-102 Conditions necessary for consolidation
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(1) Said consolidation shall be made under the conditions, provisions, and restrictions and with the powers as follows: (a) The directors of the several corporations proposing to consolidate may enter into a joint agreement, under the corporate seal of each company, for the conso…
Colo. Rev. Stat. § 40-22-103 Result of consolidation
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Upon making and perfecting the agreement and act of consolidation and filing the same or a copy with the secretary of state, the several corporations which are parties thereto shall be deemed to be one corporation by the name provided in said agreement, possessing within this sta…
Colo. Rev. Stat. § 40-22-104 Property of each transferred
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(1) Upon the consummation of said act of consolidation, all the rights, privileges, and franchises of each of said corporations, parties to the same, and all the property, real, personal, and mixed, and all debts due on whatever account, as well as stock subscriptions and other t…
Colo. Rev. Stat. § 40-22-105 Offices - one in this state
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Such new company, as soon as convenient after such consolidation, shall establish such offices as may be desired, one of which shall be at some point in this state on the line of its road, and may change the same to any other point in this state at pleasure, giving public notice …
Colo. Rev. Stat. § 40-22-106 Consolidation of domestic and foreign corporation
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If any railroad company organized under the laws of this state consolidates with any railroad company organized under the laws of any other state or of the United States, the same shall not become a foreign corporation, and the courts of this state shall retain jurisdiction in al…
Colo. Rev. Stat. § 40-22-107 Taxation
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The portion of the road of such consolidated company in this state and all its real estate and other property shall be subject to like taxation and assessed in the same manner and with like effect as property of other railroad companies within this state. Source: L. 1883: p. 121,…
Colo. Rev. Stat. § 40-23-101 Right to reorganize
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Whenever the railroads, property, and franchises of any railroad company, organized and existing under the laws of this state, are sold and conveyed under or by virtue of any power contained in any trust deed or mortgage or pursuant to the judgment or decree of any court of compe…
Colo. Rev. Stat. § 40-23-102 Power of company so organized
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The railroad company so organized has the power to acquire and purchase the property and franchises so sold and conveyed, and to take, hold, exercise, and enjoy all the estate, franchises, rights, powers, privileges, and claims or demands at law or in equity of the corporation wh…
Colo. Rev. Stat. § 40-24-101 Street railway - consent necessary
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Nothing in articles 20 to 33 of this title shall be construed to allow the construction of any street or other railroad or other structure or substructure for any purpose on, below, or elevated above the surface of the ground of any street or alley within the limits of any such c…
Colo. Rev. Stat. § 40-24-102 Grant right-of-way - condemnation
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The boards of county commissioners in their respective counties in the state of Colorado, with the written consent of a majority of the holders of property (measured by the front foot) abutting on each side of such county roads, have the power to grant to any person, company, cor…
Colo. Rev. Stat. § 40-24-103 Petition for right-of-way
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Any person, company, corporation, or association desiring in good faith to construct, maintain, and operate an electric railroad over, along, or across any county road within any county in this state may petition the board of county commissioners of such county for a franchise an…
Colo. Rev. Stat. § 40-24-105 New bridges - construction and maintenance
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Whenever it becomes necessary to build or construct any new bridges or culverts on any county road over or along which any person, company, corporation, or association is operating and maintaining an electric railroad, said person, company, corporation, or association shall pay t…
Colo. Rev. Stat. § 40-24-106 Width of joint bridges
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Any bridge or culvert constructed upon any county road or public highway which is to be used jointly by any electric railroad and the traveling public shall not be less than twenty-four feet in width. Source: L. 07: p. 409, � 5. R.S. 08: � 5436. C.L. � 2840. CSA: C. 139, � 26. CR…
Colo. Rev. Stat. § 40-24-107 Forfeiture of right-of-way - cause
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Whenever any person, company, corporation, or association obtains a franchise and right-of-way to operate an electric railroad over or along any county road in any county in this state and fails, refuses, or neglects, for a period of six months after the granting of any such fran…
Colo. Rev. Stat. § 40-24-108 Railroad subject to assignment
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Any person, company, corporation, or association obtaining any right-of-way or franchise to construct, operate, and maintain an electric railroad along, over, and across any county road within such county has the right to assign and transfer such franchise and right-of-way to any…
Colo. Rev. Stat. § 40-24-109 Protection of employees from weather. (Repealed)
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Source: L. 01: p. 379, � 1. R.S. 08: � 5439. C.L. � 2843. CSA: C. 139, � 29. CRS 53: � 116-5-9. C.R.S. 1963: � 116-5-9. L. 2000: Entire section repealed, p. 219, � 8, effective March 29. 40-24-110. Motormen to have unobstructed view - trailing car excepted. (Repealed) Source: L. …
Colo. Rev. Stat. § 40-24-111 Each day an offense - penalty. (Repealed)
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Source: L. 01: p. 380, � 3. R.S. 08: � 5441. C.L. � 2845. CSA: C. 139, � 31. CRS 53: � 116-5-11. C.R.S. 1963: � 116-5-11. L. 2000: Entire section repealed, p. 219, � 8, effective March 29.
Colo. Rev. Stat. § 40-27-101 Owner driving stock on track
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If the owner of any stock drives any stock on the line of the track of any railway company or corporation, with intent to injure such company or corporation, and if said stock is killed or injured, the owner shall not receive any damages from the railroad company or corporation t…
Colo. Rev. Stat. § 40-27-102 Fence right-of-way - cattle guards
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(1) Every railway company or corporation whose lines or roads, or any part thereof, are open for use, within six months after the lines of such railways or any part thereof are open, except at the crossings of public roads and highways and within the limits of incorporated towns …
Colo. Rev. Stat. § 40-27-103 Liability for injury to stock
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Any railroad company running or operating its roads in this state and failing to fence on both sides thereof against livestock running at large at all points shall be absolutely liable to the owners of any such livestock killed, injured, or damaged by their agents, employees, eng…
Colo. Rev. Stat. § 40-27-104 Compliance prima facie defense
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Any railway company or corporation or the assignee or lessee thereof whose road is enclosed with good and sufficient fences, gates, and cattle guards, as provided in section 40-27-102, capable of keeping such animals from being upon such road may plead and prove the same as a def…
Colo. Rev. Stat. § 40-27-105 Burden of proof
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The killing or injury of any animal by a railway company or corporation shall be prima facie evidence of the negligence of said railway company or corporation, and every railway company or corporation in this state and every assignee or lessee thereof shall be liable to pay to th…
Colo. Rev. Stat. § 40-27-106 Engineer to notify agent - inspection
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(1) Whenever any cattle, sheep, horses, mules, or asses are killed or injured by any train, engine, or car upon any railway in this state, it is the duty of the engineer operating the engine, train, or car to notify the station agent at the first station at which the train stops …