Title 37, Water and Irrigation

0 chapters · 1,105 sections in this title.

27 sectionsFiltered byTitle 37 Ch 87

Colo. Rev. Stat. § 37-87-101 Storage of water
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(1) (a) The right to store water of a natural stream for later application to beneficial use is recognized as a right of appropriation in order of priority under the Colorado constitution. No water storage facility may be operated in such a manner as to cause material injury to t…
Colo. Rev. Stat. § 37-87-103 Notice of release of stored water
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The owner of a reservoir who uses the reservoir for water storage shall give reasonable notice to the division engineer of the division in which the reservoir is located of the date on which the reservoir owner desires to release stored water into any natural streams, together wi…
Colo. Rev. Stat. § 37-87-104 Liability of owners for damage
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(1) Any provision of law to the contrary notwithstanding, no entity or person who owns, controls, or operates a water storage reservoir shall be held liable for any personal injury or property damage resulting from water escaping from that reservoir by overflow or as a result of …
Colo. Rev. Stat. § 37-87-105 Approval of plans for reservoir - notice of modification
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(1) No dam shall be constructed in this state to impound water above the elevation of the natural surface of the ground for the purpose of creating a reservoir with a capacity of more than one hundred acre-feet of water or with a surface area at the high water line in excess of t…
Colo. Rev. Stat. § 37-87-106 Cost of inspections and observation. (Repealed)
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Source: L. 1899: p. 314, � 2. R.S. 08: � 3206. C.L. � 1686. L. 25: p. 331, � 1. CSA: C. 90, � 84. CRS 53: � 147-5-6. C.R.S. 1963: � 148-5-6. L. 71: p. 1307, � 1. L. 83: Entire section R&RE, p. 1406, � 3, effective June 1. L. 84: Entire section amended, p. 965, � 5, effective Apri…
Colo. Rev. Stat. § 37-87-107 Safety inspections - amount of water to be stored
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Dam safety inspections shall be made on all dams within the state by qualified, experienced personnel as often as the state engineer deems necessary or appropriate for the protection of public health and safety so that a determination of the amount of water which is safe to impou…
Colo. Rev. Stat. § 37-87-108 Withdrawal of excess water
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If the owners of any such reservoir impound water therein to a depth greater than that determined by the state engineer to be safe, it is the duty of the division engineer of the district wherein such reservoir is located to forthwith proceed to withdraw from said reservoir so mu…
Colo. Rev. Stat. § 37-87-108.5 Emergency actions
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(1) If, in the opinion of the state engineer, conditions of any dam or reservoir are so dangerous to the health and safety of life or property as not to permit time for issuance and enforcement of an order relative to construction, modification, maintenance, or restriction of sto…
Colo. Rev. Stat. § 37-87-109 Complaint that reservoir is unsafe
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Upon complaint being made to the state engineer by one or more persons residing or having property in such a location that their homes or property would be in danger of destruction or damage in the event of a flood occurring on account of the breaking of the embankment of any res…
Colo. Rev. Stat. § 37-87-110 Engineer may use force
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The state engineer is authorized to use such force as is necessary to perform the duties required of him in section 37-87-109 and to have and exercise all of the powers conferred upon the division engineer by section 37-87-108. If, after any of such reservoirs have been examined …
Colo. Rev. Stat. § 37-87-111 Expense of examination
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The person calling upon the state engineer to perform the duty required of him by section 37-87-109, if the request is frivolous or made in bad faith, shall pay him any invoiced expenses and mileage at the rate prevailing for state officers and employees under section 24-9-104, C…
Colo. Rev. Stat. § 37-87-112 Review of action of state engineer
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Any action of the state engineer under section 37-87-110 shall be subject to review in a de novo proceeding commenced by complaint of the owner in the district court in and for the county where the affected structure is located. When the state engineer has directed that certain m…
Colo. Rev. Stat. § 37-87-113 Breakage of reservoir - damages. (Repealed)
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Source: L. 1899: p. 316, � 9. R.S. 08: � 3213. C.L. � 1693. CSA: C. 90, � 91. CRS 53: � 147-5-13. C.R.S. 1963: � 148-5-13. L. 81: Entire section amended, p. 1779, � 2, effective May 27. L. 86: Entire section repealed, p. 1093, � 4, effective May 16.
Colo. Rev. Stat. § 37-87-114 Penalty - disposition of fines
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(1) Any reservoir owner or operator failing or refusing, after notice in writing has been given, to obey the reasonable directions of the state engineer as to the construction or safe operation of any reservoir shall be subject to a fine of not less than five hundred dollars for …
Colo. Rev. Stat. § 37-87-114.4 Annual report
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Notwithstanding section 24-1-136 (11)(a)(I), the state engineer shall submit an annual report to the general assembly by November 1 of each year concerning the activities of the state engineer and the division of water resources relating to sections 37-87-105 to 37-87-114 for the…
Colo. Rev. Stat. § 37-87-114.5 Applicability of provisions - exemptions
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(1) The provisions of sections 37-87-105 to 37-87-114 shall not apply to: (a) Structures not designed or operated for the purpose of storing water; (b) Mill tailings impoundment structures permitted under article 32 or 33 of title 34, C.R.S.; (c) Uranium mill tailings and liquid …
Colo. Rev. Stat. § 37-87-115 Damages
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The provisions of this article are undertaken by the state of Colorado in the discretionary exercise of its governmental authority; therefore, neither the state of Colorado nor the state engineer, any member of his staff, or any person appointed by him shall be liable in damages …
Colo. Rev. Stat. § 37-87-116 Tax reduction where reservoirs located. (Repealed)
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Source: L. 37: p. 787, � 1. CSA: C. 90, � 99(1). CRS 53: � 147-5-22. C.R.S. 1963: � 148-5-22. L. 71: p. 1308, � 6. L. 87: Entire section repealed, p. 1304, � 1, effective May 20.
Colo. Rev. Stat. § 37-87-117 Landowner to submit plans. (Repealed)
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Source: L. 37: p. 788, � 2. CSA: C. 90, � 99(2). CRS 53: � 147-5-23. C.R.S. 1963: � 148-5-23. L. 71: p. 1309, � 7. L. 77: Entire section amended, p. 1696, � 2, effective July 23. L. 83: Entire section amended, p. 1406, � 4, effective June 1. L. 87: Entire section repealed, p. 130…
Colo. Rev. Stat. § 37-87-118 State engineer's authority over construction. (Repealed)
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Source: L. 37: p. 788, � 3. CSA: C. 90, � 99(3). CRS 53: � 147-5-24. C.R.S. 1963: � 148-5-24. L. 71: p. 1309, � 8. L. 83: Entire section amended, p. 1407, � 5, effective June 1. L. 87: Entire section repealed, p. 1304, � 1, effective May 20.
Colo. Rev. Stat. § 37-87-119 Completion of dam. (Repealed)
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Source: L. 37: p. 789, � 4. CSA: C. 90, � 99(4). CRS 53: � 147-5-25. C.R.S. 1963: � 148-5-25. L. 71: p. 1309, � 9. L. 87: Entire section repealed, p. 1304, � 1, effective May 20.
Colo. Rev. Stat. § 37-87-120 Reduction in valuation for assessment. (Repealed)
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Source: L. 37: p. 789, � 5. CSA: C. 90, � 99(5). L. 39: p. 444, � 1. CRS 53: � 147-5-26. C.R.S. 1963: � 148-5-26. L. 71: p. 1310, � 10. L. 87: Entire section repealed, p. 1304, � 1, effective May 20.
Colo. Rev. Stat. § 37-87-121 Application to existing dams. (Repealed)
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Source: L. 37: p. 790, � 6. CSA: C. 90, � 99(6). CRS 53: � 147-5-27. C.R.S. 1963: � 148-5-27. L. 71: p. 1310, � 11. L. 87: Entire section repealed, p. 1304, � 1, effective May 20.
Colo. Rev. Stat. § 37-87-122 Erosion control dams
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(1) The provisions of sections 37-87-101 to 37-87-108 shall not apply to erosion control dams of the character defined in this section, unless such dams also come within the specification requirements of said sections. (2) Erosion control dams for reservoirs may be constructed on…
Colo. Rev. Stat. § 37-87-123 Dam and reservoir information. (Repealed)
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Source: L. 83: Entire section added, p. 1407, � 6, effective June 1. L. 84: Entire section repealed, p. 969, � 13, effective April 30.
Colo. Rev. Stat. § 37-87-124 Restriction of facilities within reservoirs
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(1) The general assembly hereby declares that the prevention of seasonal flooding which causes destruction of property and crops, loss of livestock, and risk or loss of human life is manifestly of greater concern and benefit to this state than the availability of recreational fac…
Colo. Rev. Stat. § 37-87-125 Notice of intent to construct impoundment structure
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Any person proposing to construct a reservoir for the purpose of storing water, other than a reservoir specified in section 37-87-105 (1) or a livestock water tank as described in section 35-49-103, C.R.S., shall submit notice thereof to the state engineer prior to the beginning …