(1) During the summer season a person shall not run through his or her irrigating ditch any greater quantity of water than is absolutely necessary for irrigating, domestic, and stock purposes to prevent the wasting and useless discharge and running away of water.
(2) A person using an irrigating ditch or ditch system may use a tail ditch to return water to the stream in variable amounts as necessary to facilitate efficient operation of the ditch and delivery of water to persons served by the ditch or ditch system. The state engineer shall not require the delivery of any minimum amount of such water, except as required by court decree. Nothing in this section limits the state engineer's authority to administer water rights to prevent waste.
Source: L. 1876: p. 78, § 2. G.L. § 1386. G.S. § 1734. R.S. 08: § 3239. C.L. § 1720. CSA: C. 90, § 118. CRS 53: § 147-7-8. C.R.S. 1963: § 148-7-8. L. 2015: Entire section amended, (SB 15-055), ch. 54, p. 131, § 1, effective August 5.
ANNOTATION
Law reviews. For note, "A Survey of Colorado Water Law", see 47 Den. L.J. 226 (1970).
"Waste water" and "water which is being wasted" are entirely different things. Baumgartner v. Stremel, 178 Colo. 209, 496 P.2d 705 (1972).
A contract between a ditch company and landowner whereby the company agrees to furnish water to the landowner to irrigate a certain described tract of land, and which restricts the use of the water to the land specified, and limits the amount and time of its use to what is necessary and requisite for the purpose of irrigating the land specified, is not unreasonable and against public policy, but is valid and may be enforced against the landowner. Wright v. Platte Valley Irrigation Co., 27 Colo. 322, 61 P. 603 (1900).
Such a contract is intended to prevent the waste of water or a use of the same in excess of the necessities of the particular piece of land specified, and is directly in line with the policy of this section. Wright v. Platte Valley Irrigation Co., 27 Colo. 322, 61 P. 603 (1900).
This section does not provide a private right of action, and plaintiffs lacked standing to bring a claim. This section is to be administered exclusively by the state engineer. Byers Peak Props. v. Byers Peak Land & Cattle, 2026 CO 7, 583 P.3d 97.