It is the duty of every person who is entitled to take water for irrigation purposes from any ditch, canal, or reservoir to see that he receives no more water from such ditch, canal, or reservoir through his headgate, or by any ways or means whatsoever, than the amount to which he is entitled. At all times, such person shall take every precaution to prevent more water than the amount to which he is entitled from such ditch, canal, or reservoir from coming upon his land.
Source: L. 1887: p. 312, § 1. R.S. 08: § 3260. C.L. § 1739. CSA: C. 90, § 137. CRS 53: § 147-7-25. C.R.S. 1963: § 148-7-24.
ANNOTATION
Plain language of this section concerns the infringement of another's water rights by taking water in excess of one's own rights on one's own land. This section does not concern flooding or excess runoff onto someone else's land. Byers Peak Props. v. Byers Peak Land & Cattle, 2026 CO 7, 583 P.3d 97.
Purpose of provisions. This section and § 37-84-125 are directed at prevention of diversions which exceed the decreed rate of diversion and are not intended to prohibit out-of-priority diversions. Se. Colo. Water Conservancy Dist. v. Rich, 625 P.2d 977 (Colo. 1981).