(1) The department shall have: (a) The right to enforce the provisions of any contracts and to modify the contracts upon mutual agreement of the respective parties to the contracts; and(b) The power to enter into contracts with persons and with private and public corporations for the right to use the tunnel for the transmission of power, for telephone and other communication lines, for railroad and railway purposes, and for any other purpose to which the same may be adapted. The term of a contract with any person for the right to use the tunnel must not exceed ninety-nine years. All the contracts and rights of use shall be subject and subordinate to all prior contracts and may not impair the rights of any existing legal user.(2) Users shall be responsible for the cost of maintaining, to the extent of their use, the Moffat tunnel, its approaches, and equipment.Amended by 2024 Ch. 280,§ 3, eff. 8/7/2024.L. 2002: Entire section added with relocated provisions, p. 1072, § 5, effective August 7.This section was formerly numbered as § 24-32-2904.
2024 Ch. 280, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 2002 act enacting this section, see section 1 of chapter 274, Session Laws of Colorado 2002. For the legislative declaration in SB 24-190, see section 1 of chapter 280, Session Laws of Colorado 2024.