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District counsel warns Denver Water bill would strip eminent domain power from Title 32 special districts; SDC increase announced

Board of Directors of the Holly Hills Water and Sanitation District and the Board of Directors of the Water Utility Enterprise · April 16, 2025
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Summary

Attorney Timothy Flynn told the Holly Hills Board that Denver Water introduced proposed legislation that would remove dominant eminent domain authority for Title 32 special districts, and he reported Denver Water is increasing system development charges in two phases starting January 2026.

Timothy J. Flynn, the district's attorney from Ireland Stapleton Pryor & Pascoe, told the Holly Hills Water and Sanitation District Board on April 16 that Denver Water has introduced proposed legislation that would remove dominant eminent domain authority for all Title 32 Special Districts if adopted.

Flynn said he is monitoring the proposed bill and will report back to the Board at its May meeting with any developments. Flynn also reported that Denver Water has increased its system development charges; the increase will be implemented in two phases, the first of which will take effect in January 2026.

The Board received the legal update but did not take a formal vote on the proposed legislation or on any policy response at the April meeting. Flynn's briefing serves as an early notice for the Board to track state- or regional-level regulatory proposals that could change districts' authority and development charges.