Rights-of-way: Transmission Companies

C.R.S. tit. 38, art. 5
in effect

C.R.S. § 38-5-101 Use of public highways

38-5-101. Use of public highways. Any domestic or foreign electric light power, gas, or pipeline company authorized to do business under the laws of this state or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of electric light, wire or power or pipeline along, across, upon, and under any public highway in this state, subject to the provisions of this article. Such lines of electric light, wire or power, or pipeline shall be so constructed and maintained as not to obstruct or hinder the usual travel on such highway.

C.R.S. § 38-5-102 Right-of-way across state land

38-5-102. Right-of-way across state land. Any domestic or foreign electric light power, gas, or pipeline company authorized to do business under the laws of this state, or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of electric light wire or power or pipeline and obtain permanent right-of-way therefor over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of such compensation and upon compliance with such reasonable conditions as may be required by the state board of land commissioners.

C.R.S. § 38-5-103 Power of companies to contract

38-5-103. Power of companies to contract. (1) Such electric light power, gas, or pipeline company, or such city, town, or other local government shall have power to contract with any person or corporation, the owner of any lands or any franchise, easement, or interest therein over or under which the line of electric light wire power or pipeline is proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of its electric light wires, pipes, poles, regulator stations, substations, or other property and for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation. (2) An electric utility, as defined in section 40-15-601 (6), exercising its rights under subsection (1) of this section may, in accordance with part 6 of article 15 of title 40, install or allow the installation of any attached facility for commercial broadband service, as those terms are defined in section 40-15-601 (1) and (3), respectively.

C.R.S. § 38-5-104 Right-of-way across private lands

38-5-104. Right-of-way across private lands. (1) A telegraph, telephone, electric light, power, gas, or pipeline company, an electric transmission authority, or a city or town is entitled to the right-of-way over or under the land, property, privileges, rights-of-way, and easements of other persons and corporations and to the right to erect its poles, wires, pipes, regulator stations, substations, systems, and offices upon making just compensation therefor in the manner provided by law. When a right-of-way is taken under this section for an interstate electric transmission line, the court shall evaluate public purpose in light of the transmission system as a whole, including public use and benefits occurring either within Colorado or at a regional level. The rights granted by this section and section 38-5-105 to such electric light, power, gas, or pipeline companies or to such cities and towns shall not extend to the taking of any portion of the right-of-way of a railroad company, except to the extent of acquiring any necessary easement to cross the same or to serve such railroad company with electric light, power, or gas service. The rights granted by this section and section 38-5-105 to telegraph or telephone companies shall not extend to the taking of any portion of the right-of-way of a railroad company, except to the extent of acquiring any easement which does not materially interfere with the existing use by the railroad company, or except to the extent of acquiring any necessary easement to cross the same or to serve such railroad company with telegraph or telephone service. (2) If any right-of-way is taken by such telegraph, telephone, electric light power, gas, or pipeline company, city or town over any portion of the right-of-way of a railroad company the taking party shall pay the entire cost of constructing its facilities along such right-of-way, including any expenses incurred by the railroad for inspection and flagging as reasonably necessary to avoid interference with safe operation of the railroad. The taking party shall also bear the entire cost, including the cost of such inspection and flagging, of removing, relocating, altering, or protecting any facility installed on right-of-way so taken if, at any time, such removal, relocation, alteration, or protection becomes reasonably necessary to avoid interference with the railroad company's ability to use its original right-of-way to operate its railroad efficiently and safely and to efficiently and safely serve existing, new, or potential railroad customers. The taking party shall indemnify the railroad company from all losses and expenses resulting from the negligence of the taking party, its successors or contractors, in connection with or related to such right-of-way. The taking party shall have no claim against the railroad for any loss resulting from damage to the taking party's telegraph or telephone facilities resulting from any unforeseen emergencies or acts of God such as derailment, explosions, collisions, or activities reasonably performed in repairing damages caused by such occurrences.

C.R.S. § 38-5-105 Companies, cities, and towns have eminent domain right

38-5-105. Companies, cities, and towns have eminent domain right. Such telegraph, telephone, electric light power, gas, or pipeline company or such city or town is vested with the power of eminent domain, and authorized to proceed to obtain rights-of-way for poles, wires, pipes, regulator stations, substations, and systems for such purposes by means thereof. Whenever such company or such city or town is unable to secure by deed, contract, or agreement such rights-of-way for such purposes over, under, across, and upon the lands, property, privileges, rights-of-way, or easements of persons or corporations, it shall be lawful for such telegraph, telephone, electric light power, gas, or pipeline company or any city or town owning electric power producing or distribution facilities to acquire such title in the manner now provided by law for the exercise of the right of eminent domain and in the manner as set forth in this article.

C.R.S. § 38-5-106 Possession pending action

38-5-106. Possession pending action. At any time after jurisdiction has been obtained pursuant to section 38-1-103, the petitioner, upon notice to the respondent pursuant to the Colorado rules of civil procedure, may move for an order for immediate possession. Upon such motion and after hearing, the court, by rule in that behalf made, may authorize the petitioner, upon payment into court or to the clerk thereof of the amount determined by the court as probably sufficient to pay the sum that may ultimately be awarded as compensation and damages for the taking, if not in possession to take possession of such right-of-way, and if already in possession to maintain and keep such possession, and in all cases to use and enjoy such right-of-way during the pendency and until the final conclusion of such proceedings, and the court may stay all actions and proceedings against such petitioner on account thereof. Withdrawal from the sum so deposited may be had as provided in section 38-1-105 (6)(b). At such hearing for immediate possession, the court shall hear and dispose of all objections that are raised at that time concerning the motion for immediate possession, the legal sufficiency of the petition, or the regularity of the proceedings in any other respect.

C.R.S. § 38-5-107 Companies, cities, and towns carrying high voltage - crossings - arbitration

38-5-107. Companies, cities, and towns carrying high voltage - crossings - arbitration. (1) Any person, corporation, or city or town seeking to secure a right-of-way for lines of electric light or for the transmission of electric power for any purpose over, under, or across any right-of-way of any other person, corporation, or city or town for such purposes or seeking to erect or construct its lines of wire under or over the lines of wire already constructed by such other person, corporation, or city or town for any such purposes upon, under, along, or across any public highway or upon, under, along, or across any public lands owned or controlled by the state of Colorado before constructing such lines or wires over, under, or across such rights-of-way or wires of other persons, corporations, or cities or towns, where either of said lines or wires carry a current at an electrical pressure of five thousand volts or more, shall agree with such other persons, corporations, or cities or towns as to the conditions under or upon which such overhead or underneath construction or crossing shall be made, looking to the due protection and safeguard of the wires of the person, corporation, or city or town already having a right-of-way for such wires and looking to the safety of life, health, and property. In case of an inability to agree upon the conditions under or upon which such overhead or underneath crossings shall be made, the person, corporation, or city or town owning and operating or controlling the lines of wires already built or constructed and the person, corporation, or city or town seeking to construct new lines or wires or to make said crossings shall each select a person as an arbitrator, which two persons shall determine said conditions under or upon which such overhead or underneath construction or crossing shall be made. In case of a disagreement in regard thereto by the arbitrators, they shall select a third person to act with them, and the decision made by any two of said arbitrators shall be final and binding upon the person, corporation, or city or town so seeking to make or construct the crossings, who shall construct the crossings in a manner determined by such arbitrators. (2) The parties interested, before they make their submission to the arbitrators, shall make and subscribe a written article of agreement in and by which they shall agree to submit the matter as to how said crossings shall be made to the arbitrators named, and will abide by their award. Said award shall be in writing, and a copy thereof delivered to each of the parties interested. Such conditions for protection at said crossings shall be established at the sole expense of the person, corporation, or city or town seeking the right-of-way for such overhead or underneath construction or crossings. Nothing in this article shall affect the right of any person, corporation, or city or town to make such crossings where the lines or wires of neither of the parties concerned carry a current at an electrical pressure of less than five thousand volts.

C.R.S. § 38-5-108 Consent necessary to use of streets

38-5-108. Consent necessary to use of streets. Nothing in this article shall be construed to authorize any person, partnership, association, corporation, or city or town to erect any poles, construct any electric light power line, or pipeline, or extend any wires or lines along, through, in, upon, under, or over any streets or alleys of any city or incorporated town without first obtaining the consent of the municipal authorities having power to give the consent of such city or incorporated town.

C.R.S. § 38-5-109 Utility relocation clearance letter - definitions

38-5-109. Utility relocation clearance letter - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Clearance letter" means a written agreement between a local government proposing a road improvement project and a utility company, in which the utility company and the local government mutually establish the scope, conditions, and schedule for the utility relocation required for the road improvement project. (b) "Force majeure" means fire, explosion, floods, action of the elements, strike, labor disputes, interruption of transportation, rationing, shortage of equipment or materials, court action, illegality, unusually severe weather, act of God, act of war or terrorism, epidemics or pandemics, quarantines, seasonal limitations on utility operations, or any other cause that is beyond the reasonable control of the entity performing the utility relocation. (c) "Hazardous material" means any substance, pollutant, contaminant, chemical, material, or waste, or any soil or water contaminated with such hazardous material, that is: (I) Included in the definition of hazardous substance, hazardous waste, toxic substance, hazardous pollutant, toxic pollutant, nonhazardous waste, or universal waste, as regulated by any applicable environmental law; or (II) Toxic, explosive, corrosive, flammable, ignitable, infectious, radioactive, carcinogenic, mutagenic, or that otherwise poses a hazard to living things or the environment. (d) "Local government" means a statutory or home rule county, city and county, municipality, or town, excluding a local government that has granted a franchise to a utility company pursuant to section 31-32-101 or article XX of the state constitution. (e) "Plans and specifications" means the plans, drawings, and specifications designed and engineered by a local government or its contractor, which are necessary to complete the road improvement project in accordance with applicable laws, rules, and regulations. (f) "Private project relocation" means any construction or reconstruction project for the adjustment, expansion, or realignment of a public roadway or public right-of-way that: (I) Requires the removal, relocation, or alteration of utility facilities; (II) Is necessary to facilitate the development of private property; and (III) Is required by reason of a local government zoning, approval, or other land use regulation permitting requirement. (g) "Prompt performance" means acting in good faith and making all reasonable efforts to perform the specific actions and obligations set forth in a clearance letter, except as may be excused by subsequent agreement between the utility company and the local government to which the clearance letter applies. (h) "Public roadway" means property controlled by a local government that is acquired, dedicated, or reserved for the construction, operation, and maintenance of a street or public highway and that is open to public travel or any other public highway established by law. (i) (I) "Road improvement project" means any construction or reconstruction project for the adjustment, expansion, or realignment of a public roadway or public right-of-way, including but not limited to maintenance, replacement, bridge, culvert, or traffic signal projects. (II) "Road improvement project" does not include a project on, along, or in a public or state highway or roadway under the control of the Colorado department of transportation unless a local government performs the construction or reconstruction as part of a project under the direction of the local government and pursuant to an agreement with the Colorado department of transportation. (j) "Utility company" means an investor-owned electric or gas utility company with more than two hundred fifty thousand retail customers. trol of the Colorado department of transportation unless a local government performs the construction or reconstruction as part of a project under the direction of the local government and pursuant to an agreement with the Colorado department of transportation. (j) "Utility company" means an investor-owned electric or gas utility company with more than two hundred fifty thousand retail customers. (k) "Utility conflict" means circumstances in which a proposed road improvement project brings utility facilities out of compliance with regulatory agency standards or existing utility facilities preclude or hinder the construction of a road improvement project. (l) "Utility facilities" means any lines of electric light or wire, power, or pipeline of a utility company and any related support structures, attachments, appurtenances, equipment, valves, cable, or conduit for the lines, wires, or pipelines. "Utility facilities" include both those above and below ground. (m) "Utility relocation" or "relocation of utility facilities" means the removal, relocation, or alteration of utility facilities necessary to resolve a utility conflict caused by a road improvement project funded in full or in part by a local government or with state, federal, or other public money; except that "utility relocation" does not include a private project relocation. (2) (a) If a local government engages in or proposes to engage in a road improvement project that may require the relocation of utility facilities due to a utility conflict, the local government shall: (I) Notify the notification association, created in section 9-1.5-105 (1), with an engineering or subsurface utility engineering notification to identify each utility company that has utility facilities in the area of the road improvement project; and (II) Electronically notify in writing each utility company identified pursuant to subsection (2)(a)(I) of this section. The notice provided must follow the requirements of subsection (2)(b) of this section. (b) The notice required by subsection (2)(a)(II) of this section must include the following information: (I) An explanation of the proposed design of the road improvement project, including information on funding; (II) Any potential utility conflict that may be created by the road improvement project; (III) The estimated timeline and duration of the road improvement project; (IV) The estimated time frame in which the utility relocation should be completed; (V) The federal identifying project number, if applicable; and (VI) Whether the utility company may qualify for assistance to offset expenses incurred in relocating its utility facilities to accommodate the proposed road improvement project. (c) The local government shall give the notice required by subsection (2)(a)(II) of this section to the utility company as early as practicable and: (I) Within fifteen calendar days of the approval of the preliminary design of the road improvement project; and (II) At least forty-five calendar days before the invitation to bid for construction of the road improvement project. (d) The utility company to which the notice required by subsection (2)(a)(II) of this section is directed shall acknowledge receipt of the notice. as practicable and: (I) Within fifteen calendar days of the approval of the preliminary design of the road improvement project; and (II) At least forty-five calendar days before the invitation to bid for construction of the road improvement project. (d) The utility company to which the notice required by subsection (2)(a)(II) of this section is directed shall acknowledge receipt of the notice. (e) If there is a change in the scope of a road improvement project or the plans and specifications that affects the utility facilities and the utility company's ability to reasonably meet its obligations for the utility relocation in accordance with the schedule established for the road improvement project, a local government shall: (I) Give each affected utility company a new written notice that includes all applicable information in subsection (2)(b) of this section; and (II) Coordinate with the affected utility company and third-party contractor, as applicable, to amend any clearance letter as necessary to reflect mutually agreed upon changes to the original commitments in the letter, including reasonable schedule adjustments, if an executed clearance letter covering the utility relocation exists. (f) (I) If utility facilities were not previously identified and result in a newly discovered utility conflict, the local government, the affected utility company, and the third-party contractor, as applicable, shall confer within forty-eight hours of discovery to determine appropriate relocation procedures. (II) Within ten business days of the discovery of the utility conflict, the local government and the affected utility company shall negotiate a clearance letter pursuant to subsection (3) of this section. (3) (a) To facilitate a utility relocation, a local government and an affected utility company shall negotiate in good faith and shall enter into a mutually agreeable clearance letter. (b) The clearance letter must include: (I) An acknowledgment by the local government and the utility company that a utility conflict exists; (II) The scope of the utility relocation, including the extent of the utility facilities needing to be relocated as evidenced by the plans and specifications; (III) Whether the utility relocation will be performed by the utility company or by a third-party contractor agreed to by the utility company; (IV) Requirements for coordination among the local government, the utility company, and any third-party contractor throughout the road improvement project and utility relocation, including throughout any prerequisite work that needs to occur before the utility relocation; (V) Which entity is responsible for traffic management during the utility relocation; (VI) The number of days of notice that the local government must give to the utility company ahead of the date by which the utility relocation must be started in order to adhere to the road improvement project schedule; (VII) An estimated schedule for the performance of the utility relocation, including the duration of the utility relocation; (VIII) A requirement of prompt performance of the utility relocation by the utility company if the utility company is performing the utility relocation or by the third-party contractor agreed to by the utility company to perform the utility relocation, except when performance is excused due to force majeure, the discovery of hazardous material in the public roadway, or a change in the scope or agreed-to schedule of a road improvement project or the plans and specifications that affects the utility facilities; (IX) A requirement of payment by the utility company for actual damages caused by the utility company's delay in the performance of the utility relocation or interference with the performance of the utility relocation by any contractor not hired by the utility company; except that delay or interference caused by the following will not be charged to the utility company: (A) A force majeure; ties; (IX) A requirement of payment by the utility company for actual damages caused by the utility company's delay in the performance of the utility relocation or interference with the performance of the utility relocation by any contractor not hired by the utility company; except that delay or interference caused by the following will not be charged to the utility company: (A) A force majeure; (B) The discovery of hazardous material in the public roadway; or (C) A change in the scope or agreed-to schedule of a road improvement project or the plans and specifications that affects the utility facilities and the utility company's ability to perform the relocation work as established in the clearance letter; (X) A requirement that the local government, at its sole cost, survey and stake the location where the utility facilities will be located prior to the beginning of the utility relocation, and that the cost of any required re-staking due to the actions of a utility company or its contractor be paid by the utility company; (XI) A requirement that, upon the discovery of hazardous material in a public roadway in connection with utility relocation, the utility relocation work cease until the local government takes necessary steps to provide a utility corridor free from hazardous material, and that the local government is responsible for the management, transportation, and disposal of any soil from the public right-of-way contaminated with hazardous material; (XII) A requirement that all design and construction of the utility relocation are subject to review and approval by engineers for the local government and for the utility company; and (XIII) A dispute resolution provision that includes mechanisms for notice of a failure to perform in accordance with the clearance letter and for a reasonable opportunity to cure. (c) (I) The clearance letter may allow for utility company betterment at the expense of the utility company; except that any utility company betterment must not materially delay the utility relocation. (II) As used in this subsection (3)(c), "utility company betterment" means any upgrade of the utility facilities being relocated that is not attributable to the road improvement project and that is made solely for the benefit and at the election of the affected utility company. (4) (a) Upon being provided written documentation of the horizontal and vertical locations of the relocated utility facilities and a statement by the utility company or its contractor that the utility facilities are relocated in accordance with the approved utility relocation plans, a local government shall complete its review of the completed utility relocation and provide a written determination of whether it accepts or rejects the completed utility relocation within fourteen calendar days of completion of the relocation or receipt of the documentation indicating the location of the relocated utility facilities from the utility company, whichever is later. (b) If the local government accepts the utility relocation, the local government shall provide its written acceptance of the utility relocation to the utility company. (c) (I) If the local government rejects the utility relocation, the local government shall provide its written rejection and reasoning to the utility company. (II) The utility company shall promptly make the necessary changes to the utility relocation identified in the written rejection to conform with the plans and specifications identified in the clearance letter. The utility company is responsible for payment of actual damages caused by any delay in the road improvement project schedule as a result of the necessary changes to the utility relocation to bring the relocation into compliance with the plans and specifications identified in the clearance letter. he written rejection to conform with the plans and specifications identified in the clearance letter. The utility company is responsible for payment of actual damages caused by any delay in the road improvement project schedule as a result of the necessary changes to the utility relocation to bring the relocation into compliance with the plans and specifications identified in the clearance letter. (d) If the local government fails to timely provide the written determination required by subsection (4)(a) of this section, the utility relocation is deemed accepted. (e) A utility company shall not be required to pay for relocation of previously relocated utility facilities within two years following the acceptance of the previous utility relocation by the local government pursuant to this subsection (4), except in the event of an emergency. (5) A local government may, after opportunity for relief between the local government and the utility company pursuant to the dispute resolution process outlined in the clearance letter, withhold issuance of a permit for the location or installation of other utility facilities in a public roadway to a utility company until the dispute is resolved, which may include payment to the local government for any actual damages caused by the utility company's delay in the performance of a utility relocation. (6) When necessary and feasible and after mutual agreement with an affected utility company, a local government may obtain additional public rights-of-way or easements to accommodate a utility relocation. The local government is responsible for the cost of obtaining any additional right-of-way unless the additional right-of-way is only needed to accommodate a utility company betterment and is not required for a road improvement project. (7) A local government and an affected utility company shall make arrangements for funding any utility relocation as specified in any easements, licenses, or other property interests or rights of use held by the local government or the utility company. The recovery of underground utility locate costs, as incurred by the utility company, must occur through appropriate rate adjustment clauses. (8) No party other than the owner of the utility facilities may relocate utility facilities without the express consent of the affected utility company. (9) Nothing in this section: (a) Alters or diminishes the authority of a local government to lawfully exercise its police powers with respect to the relocation of utility facilities within the local government boundaries; (b) Alters existing property agreements, licenses, franchise agreements, or other vested interests of a local government or a utility company established in the existing property agreement, license, franchise agreement, or other vested interest, including the obligation to pay for utility relocation; (c) Alters the terms of any franchise or license granted pursuant to section 31-32-101 or article XX of the state constitution; (d) Alters or diminishes the local government's ability to recover costs or damages from any party responsible for hazardous material discovered in a public roadway; (e) Alters or diminishes the utility company's ability to recover costs or damages resulting from the discovery of hazardous material, previously unidentified utility conflicts, or the acts or omissions of a third party; (f) Alters any common law of the state allocating the cost of utility relocation within a public right-of-way; or (g) Prevents a local government from pursuing alternative arrangements for road improvement projects, in which case subsections (2) to (8) of this section do not apply.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.docxFetched: 10/6/2026

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