45-2243

45-2243. Limitation on powers

This chapter does not authorize the authority to:

1. Exercise any right of eminent domain.

2. Levy any ad valorem or excise tax provided that:

(a) The fees and rates authorized by section 45-2244, subsection B and section
45-2245, subsection H shall not be considered to be a tax.

(b) The authority may collect and remit any excise tax required to be collected or
remitted.

3. Engage in the distribution of water within the service area of a city, town,
private water company or irrigation district without the written authorization of the
city, town, private water company or irrigation district.

4. Regulate the acquisition, use or disposal of water or water rights except as
specifically provided by this chapter or pursuant to contractual agreements authorized by
this chapter.

5. Sell, resell, deliver or distribute electricity or other forms of energy to
others.

6. Acquire in its own name Colorado river water with respect to which a contract is
pending between the United States and a member or that is contracted to an authority
member without the authority member's express consent.

7. Acquire or contract to acquire any Colorado river water that has been
tentatively allocated by the United States to a municipality before January 1, 1994
without the consent of the governing body of the municipality.