SB 26-157

Senate Bill 26-157 in Colorado updates the process for determining if a town has been abandoned. It allows individuals like registered voters and landowners, not just counties, to apply for an abandonment determination when a town hasn't held elections or doesn’t have officials for five years, or when it faces critical issues such as failing water infrastructure. If a town is struggling with its water system, the state can transfer up to $100,000 from one fund to another to help maintain the water supply until the situation is resolved. The bill has been signed into law, meaning these changes are now in effect and will impact how towns that are no longer functioning are handled by the government.

Official Summary

Under current law, a town must fail to hold any regular or special election or elect officers to maintain any town government for a period of at least 5 years before a county or a landowner in the town may apply to the secretary of state (secretary) to determine that the town is abandoned. The bill also allows a registered elector in the town to apply to the secretary to determine that a town is abandoned. In addition, the bill allows for a county, a landowner in the town, or a registered elector in the town to apply to the secretary to determine a town is abandoned when a town has no board of trustees or town clerk, when a town is unable to hold an election, and when a town owns or operates infrastructure critical for the treatment or delivery of water to residents.     The bill also authorizes the department of public health and environment to transfer up to $100,000 from the small communities water and wastewater grant fund to the department of public safety to cover the cost of operation and maintenance of a town's water system if an application for abandonment of the town has been filed with the secretary and the town has a water system that is failing or is likely to fail.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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