Authority to locate and construct

Colo. Rev. Stat. § 37-88-101, under State Canals and Reservoirs.

Colo. Rev. Stat. § 37-88-101

For the purpose of reclaiming, by irrigation, state and other lands and for the purpose of furnishing work for inmates, the department of corrections is authorized to locate, acquire, and construct, in the name of and for the use of the state of Colorado, ditches, canals, reservoirs, and feeders, for irrigating and domestic purposes, and for that purpose may use the labor of persons in the custody of the department of corrections.

Source: L. 1889: p. 285, § 1. R.S. 08: § 3499. C.L. § 1933. CSA: C. 90, § 350. CRS 53: § 147-17-1. C.R.S. 1963: § 148-17-1. L. 77: Entire section amended, p. 954, § 32, effective August 1. L. 79: Entire section amended, p. 704, § 85, effective July 1.

ANNOTATION

Canals and reservoirs within the state are internal improvements within the meaning of the act of congress, but the internal improvement fund can be made available in the construction thereof only by an express appropriation. In re Priority of Legislative Appropriations, 19 Colo. 63, 34 P. 274 (1893).

The act relating to State Canal No. I, providing that the expenses of construction are to be met in part by certificates of indebtedness, payable only out of funds received for carriage of water, or in payment of lands, and providing against any indebtedness being incurred against the state, is not in conflict with the constitutional provisions fixing a limitation upon state indebtedness. In re Priority of Legislative Appropriations, 19 Colo. 63, 34 P. 274 (1893).