"Person" defined - liability

Colo. Rev. Stat. § 37-85-101, under Charge for Delivery of Water.

Colo. Rev. Stat. § 37-85-101

"Person", as used in this article, includes corporations and associations and the plural as well as the singular number. Every officer of a corporation or member of an association or co-ownership and every agent violating any of the provisions of sections 37-85-108 to 37-85-111 shall be liable to restore the unlawful consideration extorted and be punishable under the penal provisions of sections 37-85-108 to 37-85-111, the same as if the thing done in disobedience to said provisions were done for his own sole benefit and advantage.

Source: L. 1887: p. 310, § 5. R.S. 08: § 3275. C.L. § 1751. CSA: C. 90, § 149. CRS 53: § 147-8-11. C.R.S. 1963: § 148-8-11.

ANNOTATION

Constitutional and statutory provisions not applicable to political subdivision. The language of § 8 of art. XVI, Colo. Const., and of this article, is not applicable to a political subdivision of the state of Colorado. Matthews v. Tri-County Water Conservancy Dist., 200 Colo. 202, 613 P.2d 889 (1980).

Provisions applicable to private parties. The framers intended, and the general assembly understood, that § 8 of art. XVI, Colo. Const., was applicable only to private persons or corporations engaged in the business of storage, carriage, and sale of water for irrigation, mining, milling, manufacturing, or domestic purposes. Matthews v. Tri-County Water Conservancy Dist., 200 Colo. 202, 613 P.2d 889 (1980).

Water conservancy districts not subject to county commissioners' jurisdiction. Water conservancy districts, when fixing rates for sale of water, are not subject to the jurisdiction of the boards of county commissioners. Matthews v. Tri-County Water Conservancy Dist., 200 Colo. 202, 613 P.2d 889 (1980).

Applied in Talbott Farms, Inc. v. Bd. of County Comm'rs, 43 Colo. App. 131, 602 P.2d 886 (1979).