Every person owning or controlling, or claiming to own or control, any ditch, canal, or reservoir, such as is mentioned in section 37-85-108, who, after demand in writing made upon the person for the supply or delivery of water for irrigation, mining, milling, or domestic purposes, to be delivered from the canal, ditch, or reservoir, owned, possessed, or controlled by the person, and after tender of the lawful rate of compensation therefor in lawful money, refuses to furnish or carry and deliver from such ditch, canal, or reservoir any water so applied for, which water may be by use of reasonable diligence in that behalf and, within the carrying or storage capacity of such ditch, canal, or reservoir, be lawfully furnished and delivered without infringement of prior rights commits a class 2 misdemeanor.
Source: L. 1887: p. 309, § 3. R.S. 08: § 3273. C.L. § 1749. CSA: C. 90, § 147. CRS 53: § 147-8-9. C.R.S. 1963: § 148-8-9. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3291, § 676, effective March 1, 2022.
ANNOTATION
When a ditch company has water subject to its control, bona fide applicants are entitled to its use for irrigation purposes upon tender of the lawful rate for carriage and compliance with the reasonable rules of the carrier. Combs v. Agricultural Ditch Co., 17 Colo. 146, 28 P. 966 (1892); City & County of Denver v. Brown, 56 Colo. 216, 138 P. 44 (1914).