Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
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 …
Colo. Rev. Stat. § 37-88-101 Authority to locate and construct
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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, reservo…
Colo. Rev. Stat. § 37-88-102 State engineer shall survey, lay out, and locate. (Repealed)
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Source: L. 1889: p. 285, � 2. R.S. 08: � 3500. C.L. � 1934. CSA: C. 90, � 351. CRS 53: � 147-17-2. C.R.S. 1963: � 148-17-2. L. 77: Entire section amended, p. 954, � 33, effective August 1. L. 2017: Entire section repealed, (SB 17-026), ch. 47, p. 147, � 14, effective August 9.
Colo. Rev. Stat. § 37-88-103 Rights and powers given
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The department of corrections is given all the rights and powers that an individual or corporation now has under the laws of the state, or of the United States, to acquire the rights-of-way over, upon, and to any lands necessary for it to use or occupy in the construction and mai…
Colo. Rev. Stat. § 37-88-104 Title shall vest in state
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The title to all ditches, canals, reservoirs, or feeders, so constructed, shall vest and remain in the state of Colorado, and the proceeds thereof shall be paid into the state treasury. Source: L. 1889: p. 286, � 4. R.S. 08: � 3502. C.L. � 1936. CSA: C. 90, � 353. CRS 53: � 147-1…
Colo. Rev. Stat. § 37-88-105 Contract for and lease of water rights
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When any part of any ditch, canal, reservoir, or feeder is constructed, said department of corrections may contract for and may lease water rights upon such terms and under such rules and regulations as may be adopted by said department and approved by the governor of the state, …
Colo. Rev. Stat. § 37-88-106 Aiding in the construction
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For the purpose of aiding in the construction of said ditches, canals, reservoirs, and feeders, the department of corrections is authorized to receive subscriptions and advancements of money from persons owning land along the line of said proposed ditches, canals, reservoirs, and…
Colo. Rev. Stat. § 37-88-107 Penalty for damaging state reservoirs
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Any person interfering with or damaging any state reservoir, or parts or appurtenances thereof, commits a class 2 misdemeanor. Source: L. 1891: p. 351, � 9. R.S. 08: � 3545. C.L. � 1950. CSA: C. 90, � 367. CRS 53: � 147-17-8. C.R.S. 1963: � 148-17-8. L. 73: p. 1419, � 110. L. 202…
Colo. Rev. Stat. § 37-88-108 Control of Boss lake reservoir
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(1) The board of county commissioners of Chaffee county has charge and control of that certain state reservoir situated in said county and commonly known as the Boss lake reservoir and, without expense to the state of Colorado, other than expenses payable from the Colorado water …
Colo. Rev. Stat. § 37-88-109 County control of reservoirs
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(1) The board of county commissioners of any county wherein is situated any state reservoir shall have charge and control of such reservoir and, without expense to the state of Colorado, other than expenses payable from the Colorado water conservation board construction fund and …
Colo. Rev. Stat. § 37-89-101 Penalty for cutting or breaking gate, bank, or flume
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Any person who knowingly and willfully cuts, digs, breaks down, or opens any gate, bank, embankment, or side of any ditch, canal, flume, feeder, or reservoir, or who knowingly and willfully breaks, cuts, checks, or otherwise interferes with the flow of water in any drainage ditch…
Colo. Rev. Stat. § 37-89-102 Jurisdiction of county court
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The county court has jurisdiction of all offenses under the provisions of section 37-89-101. Source: L. 1881: p. 163, � 2. G.S. � 1761. R.S. 08: � 3496. C.L. � 1930. CSA: C. 90, � 347. CRS 53: � 147-16-2. C.R.S. 1963: � 148-16-2. L. 64: p. 342, � 346.
Colo. Rev. Stat. § 37-89-103 Penalty for interfering with adjusted headgates
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(1) Every person who willfully and without authority opens, closes, changes, or interferes with any headgate of any ditch, or any water box or measuring device of any ditch for the receiving or delivery of water, after the headgate of the ditch has been adjusted by and is in the …
Colo. Rev. Stat. § 37-89-104 Jurisdiction of county court
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The county court has jurisdiction to hear, try, and determine actions brought for violations of section 37-89-103. Source: L. 01: p. 197, � 2. R.S. 08: � 3498. C.L. � 1932. CSA: C. 90, � 349. CRS 53: � 147-16-4. C.R.S. 1963: � 148-16-4. L. 64: � 342, � 347. Underground Water
Colo. Rev. Stat. § 37-90-101 Short title
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This article shall be known and may be cited as the Colorado Groundwater Management Act. Source: L. 65: R&RE, p. 1268, � 1. C.R.S. 1963: � 148-18-38.
Colo. Rev. Stat. § 37-90-102 Legislative declaration
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(1) It is declared that the traditional policy of the state of Colorado, requiring the water resources of this state to be devoted to beneficial use in reasonable amounts through appropriation, is affirmed with respect to the designated groundwaters of this state, as said waters …
Colo. Rev. Stat. § 37-90-103 Definitions - rules
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As used in this article 90, unless the context otherwise requires: (1) Alternate point of diversion well means any well drilled and used, in addition to an original well or other diversion, for the purpose of obtaining the present appropriation of that original well, from more th…
Colo. Rev. Stat. § 37-90-104 Commission - organization - expenses
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(1) There is created the ground water commission, which consists of twelve members, nine of whom are appointed by the governor and confirmed by the senate. The ground water commission is a type 1 entity, as defined in section 24-1-105. (2) (a) All appointments to the commission a…
Colo. Rev. Stat. § 37-90-105 Small capacity wells
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(1) The state engineer has the authority to approve permits for the following types of wells and to allow the following types of rooftop precipitation collection systems in designated groundwater basins without regard to any other provisions of this article: (a) Wells not exceedi…
Colo. Rev. Stat. § 37-90-107.5 Replacement plans
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Any person desiring to obtain an approval of a replacement plan within the boundaries of a designated groundwater basin pursuant to the provisions of this article shall make an application to the commission in a form prescribed by the commission. The applicant shall also submit a…
Colo. Rev. Stat. § 37-90-109 Priority - discontinuance orders - grounds
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(1) Priority of claims for the appropriation of designated groundwater shall be determined by the doctrine of prior appropriation. All claims based on actual taking of designated groundwater for beneficial use prior to May 17, 1965, shall be determined by the doctrine of prior ap…
Colo. Rev. Stat. § 37-90-110 Powers of the state engineer
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(1) In the administration and enforcement of this article and in the effectuation of the policy of this state to conserve its groundwater resources and for the protection of vested rights, the state engineer, either in the state engineer's own capacity or as the executive directo…
Colo. Rev. Stat. § 37-90-111 Powers of the ground water commission - limitations
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(1) In the administration and enforcement of this article and in the effectuation of the policy of this state to conserve its designated groundwater resources and for the protection of vested rights and except to the extent that similar authority is vested in ground water managem…
Colo. Rev. Stat. § 37-90-111.5 Well enforcement - injunction - fines
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(1) (a) If an order of the ground water management district, commission, or state engineer issued pursuant to section 37-90-105, 37-90-107, 37-90-108, 37-90-110, or 37-90-130 (4) in relation to designated groundwater or pursuant to section 37-90-111 is not complied with, a ground…
Colo. Rev. Stat. § 37-90-112 Notice - publication
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(1) When any notice is required to be published under any section of this article, including notice of elections, it shall be deemed to mean a publication in a newspaper of general circulation in each of the counties concerned. Publication of all notices shall be once each week f…
Colo. Rev. Stat. § 37-90-113 Hearings
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(1) Hearings on all matters to be heard by the commission shall be held within the boundaries of the designated groundwater basin and within the ground water management district, if one exists, in which the water rights directly involved are situated or at such other place as may…
Colo. Rev. Stat. § 37-90-114 Other administrative hearings
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Any person claiming to be injured within the boundaries of a designated groundwater basin by any act of the state engineer or commission under the provisions of this article, or the failure of the state engineer or commission to take any action under the provisions of this articl…
Colo. Rev. Stat. § 37-90-116 Fees
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(1) The state engineer or the commission shall collect the following fees: (a) (I) Repealed. (II) Effective July 1, 2006, with an application for the use of groundwater, one hundred dollars, which sum shall not be refunded. (b) Repealed. (c) (I) Repealed. (II) Effective July 1, 2…
Colo. Rev. Stat. § 37-90-117 Water conservation board - duties
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The Colorado water conservation board has the power, and it is its duty, to investigate and determine the nature and extent of the groundwater resources of the state of Colorado. It is also the duty of said board to study and determine the effect, if any, of the withdrawal of gro…
Colo. Rev. Stat. § 37-90-118 Ground water management districts - formation
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Within areas determined as designated groundwater basins by action of the commission in accordance with section 37-90-106, ground water management districts may be formed in the manner, and having the power, provided in sections 37-90-118 to 37-90-135; but no district shall be or…
Colo. Rev. Stat. § 37-90-120 Management districts - petition - signatures required - filing
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Following receipt of the consent required by section 37-90-119, a petition calling for formation of the proposed district may be filed with the commission. The petition shall be signed by not less than fifteen percent of the taxpaying electors within the proposed district. Source…
Colo. Rev. Stat. § 37-90-124 Election on organization
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(1) If, after the completion of the hearing on the feasibility of the organization of a district, it is determined that such district shall be organized, the commission shall forthwith make an order allowing the prayer of the petition, and, by order duly entered upon its record, …
Colo. Rev. Stat. § 37-90-125 Filing decree
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Within thirty days after the district has been declared a corporation by the commission, it shall transmit to the county clerk and recorder of each of the counties in which the district or a part thereof extends copies of the decree of the commission incorporating the district. S…
Colo. Rev. Stat. § 37-90-127 Management district - directors - election - term of office
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As the terms of the members of the board of directors expire, their successors shall be nominated by petitions containing the signatures of not less than fifteen percent of the number of qualified taxpaying electors of the division who voted at the last preceding district electio…
Colo. Rev. Stat. § 37-90-128 Management district - directors - no compensation - expenses
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The members of the board of directors shall receive no compensation but shall be paid their actual expenses while engaged in the business of such district. Source: L. 65: R&RE, p. 1261, � 1. C.R.S. 1963: � 148-18-27.
Colo. Rev. Stat. § 37-90-129 Management district - officers - election
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The board of directors shall annually elect a president, vice-president, secretary, treasurer, and such other officers as may be necessary. Source: L. 65: R&RE, p. 1261, � 1. C.R.S. 1963: � 148-18-28.
Colo. Rev. Stat. § 37-90-130 Management districts - board of directors - enforcement
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(1) The district board has the duty and responsibility of consulting with the commission on all groundwater matters affecting the district to determine whether proposed restrictions or regulations are suitable for such area, to determine in conjunction with the commission whether…
Colo. Rev. Stat. § 37-90-133 Management district - claims - warrants - payment
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All claims against ground water management districts may be paid by warrants or orders, duly drawn against the district, as authorized by the board. Source: L. 65: R&RE, p. 1263, � 1. C.R.S. 1963: � 148-18-32. 37-90-134. Management district - issuance of bonds - indebtedness - su…
Colo. Rev. Stat. § 37-90-138 Waste - violations - permits
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(1) The state engineer in cooperation with the commission has power to regulate the drilling and construction of all wells in the state of Colorado to the extent necessary to prevent the waste of water and the injury to or destruction of other water resources and shall require we…
Colo. Rev. Stat. § 37-90-139 Existing beneficial uses not recorded - fee
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Existing uses of groundwater put to beneficial use prior to May 17, 1965, not of record in the office of the state engineer on April 21, 1967, may be recorded upon written application and payment of a filing fee of twenty-five dollars and shall retain the date of initiation when …
Colo. Rev. Stat. § 37-90-140 Inclusion of lands
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(1) (a) The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its ri…
Colo. Rev. Stat. § 37-90-141 Exclusion of lands
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(1) (a) The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its ri…
Colo. Rev. Stat. § 37-90-142 State engineer - action upon permit
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Except as otherwise provided by specific statute, the state engineer shall act upon an application for a well permit within forty-five days of the receipt thereof. Source: L. 87: Entire section added, p. 1303, � 7, effective July 2. 37-90-143. Owners of well permits - update for …
Colo. Rev. Stat. § 37-91-101 Legislative declaration
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(1) The general assembly finds, determines, and declares that: (a) Scientific evidence has established that improperly constructed wells, improperly abandoned wells, improperly constructed or abandoned ground heat exchangers, and improperly installed pumping equipment can adverse…
Colo. Rev. Stat. § 37-91-102 Definitions
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As used in this article 91, unless the context otherwise requires: (1) and (2) Repealed. (3) Board means the state board of examiners of water well and ground heat exchanger contractors created in section 37-91-103. (4) Construction of wells means any act undertaken at the well s…
Colo. Rev. Stat. § 37-91-104 Duties of the board
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(1) The board shall: (a) Be responsible for the administration of this article and, with respect to such administration, shall enforce the provisions of this article and any rules adopted pursuant thereto and shall take such other actions as may be reasonably necessary to carry o…
Colo. Rev. Stat. § 37-91-105 Licensing - registration of rigs
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(1) Before contracting for the construction of a well, the installation of a ground heat exchanger, or the installation of pumping equipment, an individual shall obtain a license for one or more methods of well construction, ground heat exchanger installation, or pump installatio…
Colo. Rev. Stat. § 37-91-106 License - exemptions - rules
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(1) (Deleted by amendment, L. 2003, p. 1678, � 6, effective May 14, 2003.) (2) A license is not required of any individual who performs labor or services if the individual is directly employed by, or under the supervision of, a licensed well construction contractor, licensed grou…
Colo. Rev. Stat. § 37-91-107 Fees and bonds - license renewal - continuing education
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(1) All fees from applicants seeking a license under this article, and all renewal fees, shall be transmitted to the state treasurer, who shall credit the same to the well inspection cash fund created in section 37-80-111.5. No fees shall be refunded. A license shall be nontransf…