(1) A qualifying retail utility shall not have the authority to condemn or exercise the power of eminent domain over any real estate, right-of-way, easement, or other right pursuant to section 38-2-101, C.R.S., to site the generation facilities of a renewable energy system used in whole or in part to meet the electric resource standards set forth in section 40-2-124. This section shall not be construed to limit the authority of a home rule municipality under article XX of the Colorado constitution.(2) Section 3 of this initiated measure provides that this section and section 40-2-124 shall be effective December 1, 2004.Initiated 2004: Entire section added, see L. 2005, p. 2337, effective 12/1/2004, proclamation of the Governor issued December 1, 2004. L. 2005: Entire section amended, p. 238, § 2, effective August 8; (2) added by revision, see L. 2005, p. 2340, § 3.(1) A declaration of intent was contained in the initiated measure, Amendment 37, and is reproduced below:SECTION 1. Legislative declaration of intent: Energy is critically important to Colorado's welfare and development, and its use has a profound impact on the economy and environment.

reproduced below:SECTION 1. Legislative declaration of intent: Energy is critically important to Colorado's welfare and development, and its use has a profound impact on the economy and environment. Growth of the state's population and economic base will continue to create a need for new energy resources, and Colorado's renewable energy resources are currently underutilized. Therefore, in order to save consumers and businesses money, attract new businesses and jobs, promote development of rural economies, minimize water use for electricity generation, diversify Colorado's energy resources, reduce the impact of volatile fuel prices, and improve the natural environment of the state, it is in the best interests of the citizens of Colorado to develop and utilize renewable energy resources to the maximum practicable extent.(2) This initiated measure was approved by a vote of the registered electors of the state of Colorado on November 2, 2004. The vote count for the measure was as follows:FOR: 1,066,023AGAINST: 922,577