HAVANA WATER AND SANITATION DISTRICT
AMENDED AND RESTATED RULES RELATED TO REQUESTS FOR INSPECTION OF PUBLIC RECORDS
PURSUANT TO
THE COLORADO OPEN RECORDS ACT, SECTIONS 24-72-200.1 et seq., C.R.S.
WHEREAS, Havana Water and Sanitation District (the “District”) is a special district organized and
existing pursuant to Sections 32-1-101 et seq., C.R.S.; and
WHEREAS, the District is a political subdivision for purposes of the Colorado Open Records Act,
Sections 24-72-200.1 et seq., C.R.S., as may be amended from time to time (“CORA”), as defined in
Section 24-72-202(5), C.R.S., and is thus subject to CORA; and
WHEREAS, the District has designated an “Official Custodian,” as that term is defined in Section
24-72-202(2), C.R.S., who is responsible for the maintenance, care, and keeping of the District’s
public records, regardless of whether the records are in his or her actual personal custody and
control; and
WHEREAS, the District has designated a “Custodian,” as that term is defined in Section
24-72-202(1.1), C.R.S., who shall serve as the repository for the District’s public records and
shall have personal custody and control of the District’s public records and assist the Official
Custodian with the maintenance, care, and keeping of the District’s public records; and
WHEREAS, pursuant to Section 24-72-203(1)(a), C.R.S., the Official Custodian may make such rules
with reference to the inspection of public records as are reasonably necessary for the protection
of such records and the prevention of unnecessary interference with the regular discharge of the
duties of the Custodian and the Custodian’s office; and
WHEREAS, the Official Custodian finds it is necessary and in the best interests of the District to
adopt certain rules with reference to the inspection of its public records.
NOW, THEREFORE, THE OFFICIAL CUSTODIAN MAKES AND ADOPTS THE FOLLOWING RULES WITH REFERENCE TO THE
INSPECTION OF THE HAVANA WATER AND SANITAITON DISTRICT’S PUBLIC RECORDS:
1. Inspection of Public Records. All “Public Records” of the District, as such term is defined in
Section 24-72-202(6), C.R.S., shall be available for public inspection by any person at reasonable
times as provided in CORA, except as otherwise provided in CORA or as otherwise provided by law.
All requests to inspect Public Records shall be in writing and delivered to the Custodian or his or
her designee. Upon the receipt of a written request to inspect Public Records, the Custodian or
his or her designee shall set a date and hour at which time the requested Public Records will be
available for inspection, which date and hour of inspection shall be between the hours of 8:00 A.M.
and 5:00 P.M., Mountain Standard Time, three (3) working days or less from the date such Public
Records were requested for inspection unless extenuating circumstances exist as provided
1. in Section 24-72-203(3)(b), C.R.S. The day the request is received, weekends, and legally
recognized holidays shall not count as a working day for the purposes of computing the date set for
inspection of Public Records. A modification to a request for Public Records is considered a new
request.
2. Notification for Inspecting Public Records Not Under Control of the Custodian. If the Public
Records requested are not in the custody or control of the Custodian or the Official Custodian, the
Custodian or his or her designee shall notify the person requesting to inspect such records that
said records are not in the custody or control of the Official Custodian or the Custodian. The
notification shall state in detail to the best of the Custodian’s knowledge and belief, the reason
for the absence of the records, the location of the records, and what person has custody or
controls the records.
3. Notification for Inspecting Public Records in Use or Otherwise Unavailable. If the Public
Records requested are in active use, in storage, or otherwise not readily available at the time
requested, the Custodian or his or her designee shall notify the person requesting to inspect the
Public Records of the status of the Public Records. Such notification shall be made in writing if
desired by the person requesting to inspect the Public Records.
4. Copies of Public Records. Within the period specified in Section 24-72-203(3), C.R.S., the
Custodian or his or her designee shall notify the person requesting a copy of the Public Records
that a copy of the Public Records is available but will only be sent to the requester once the
Custodian either receives payment or makes arrangements for receiving payment for all costs
associated with records transmission and for all other fees lawfully allowed, regardless of whether
provided for herein, unless recovery of all or any portion of such costs or fees has been waived by
the Custodian. Upon receipt of such payment, the Custodian or his or her designee shall send a copy
of the Public Records to the requester as soon as practicable but no more than three (3) business
days after receipt of, or making arrangements to receive, such payment.
5. Fees for Copies of Public Records. The Custodian or his or her designee shall furnish, for a
fee as set forth herein, a copy, printout, or photograph of the District’s Public Records
requested. The fee shall be twenty-five cents ($0.25) per standard page, or such other maximum
amount as authorized by Section 24-72-205(5), C.R.S., for a copy, printout, or photograph of the
Public Record except as follows:
a. No per-page fee may be charged when the District’s Public Records are provided in a digital or
electronic format;
b. When the format is other than a standard page, the fee shall not exceed the actual cost of
providing the copy, printout, or photograph;
c. If other facilities are necessary to make a copy of the Public Records, the cost of providing
the copy at the other facilities shall be paid by the person requesting the copy;
2.d. If the Public Records are a result of computer output other than word processing, the fee for a
copy, printout, or photograph thereof may be based on recovery of the actual incremental costs of
providing the electronic services and products together with a reasonable portion of the costs
associated with building and maintaining the information system;
e. If, in response to a specific request, the District has performed a manipulation of data so as
to generate a record in a form not used by the District, a reasonable fee may be charged to the
person making the request, which fee shall not exceed the actual costs of manipulating the data and
generating the record in accordance with the request; and
f. Where the fee for a certified copy or other copy, printout, or photograph of a Public Record is
specifically prescribed by law, that specific fee shall apply in lieu of the fee(s) set forth
herein.
6. Transmission Fees. In addition to the fees set forth above, where the person requesting the
Public Record requests the transmission of a certified copy or other copy, printout, or photograph
of a Public Record by United States mail or other non-electronic delivery service, the Custodian or
his or her designee may charge the costs associated with such transmission, except that no
transmission fees may be charged to the records requester for transmitting a Public Record via
electronic mail.
7. Research and Retrieval Fees. In addition to the fees set forth above, in accordance with
Section 24-72-205(6), C.R.S., the Official Custodian, Custodian, or his or her designee may charge
a research and retrieval fee of $33.58 per hour, or such other maximum hourly fee as may be
adjusted from time to time pursuant to Section 24-72-205(6)(b), C.R.S., for time spent by the
District’s directors, employees, agents, and consultants researching, retrieving, gathering,
collecting, compiling, preparing, redacting, manipulating, and/or otherwise producing records in
order to respond to a request for Public Records. Provided, however, that such research and
retrieval fee may not be imposed for the first hour of time expended in connection with such
research and retrieval activities related to a request for Public Records, but may be imposed for
each subsequent hour.
8. Payment of Fees. All fees associated with production of the District’s Public Records
requested by the person inspecting said Public Records, as set forth in Paragraphs 4 through 7
above, shall be received by the District before the delivery or inspection of said Public Records.
If the District allows the public to pay for other services or products provided by the District
with a credit card or other electronic payment method, the District shall allow the person
requesting inspection of the Public Records to pay any fees or deposit associated with a record
request via a credit card or other electronic payment method. In addition to the fees set forth in
Paragraphs 4 through 7 above, the Custodian or his or her designee may also charge any service
charge or fee imposed by the processor of a credit card or electronic payment.
9. In Force Until Amended or Repealed. These rules of the Official Custodian shall remain in full
force and effect unless and until such time as they are amended or repealed by the Official
Custodian regardless of any change in either the individual serving as, or the designation of, the
Official Custodian of the District.
10. Repealer. These rules of the Official Custodian shall supersede all previous versions of rules,
regulations, practices and policies of the District related to inspection of Public Records.
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ADOPTED, APPROVED, AND MADE EFFECTIVE on
12/21/2023 .
By: David Mohrhaus
Official Custodian of Public Records Havana Water and Sanitation District