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Colorado Statutes, Title 37

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Title 37, Water and Irrigation

0 chapters · 1,167 sections in this title.

All chapters in Title 371,167 Ch 4393 Ch 4882 Ch 4161 Ch 4659 Ch 3154 Ch 4553 Ch 4751 Ch 4449 Ch 6049 Ch 9045 Ch 5043 Ch 4239 Ch 9227 Ch 9527

1,167 sections·Filtered byTitle 37✕

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. § 37-88-110 Monument lake dam and reservoir - transfer of title - ownership and control

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(1) Upon completion of the repair described in subsection (2) of this section, the governor is hereby authorized to execute a deed of conveyance to the town of Monument of all the right, title, and interest of the state of Colorado in and to the structure known as Monument lake d…

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. ANNOTATION Prior to be…

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. ANNOTATION Law reviews. For article, "The Law of Underground Water", see 13 Rocky Mt. L. Rev. 1 (1940). For comment, "Water: Sta…

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 …

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. § 37-90-106 Determination of designated groundwater basins - exception - legislative declaration

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(1) (a) The commission shall, from time to time as adequate factual data become available, determine designated groundwater basins and subdivisions thereof by geographic description. If factual data obtained after the designation of a groundwater basin justify, the commission may…

Colo. Rev. Stat. § 37-90-107 Application for use of groundwater - publication of notice - conditional permit - hearing on objections - well permits - rules

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(1) Any person desiring to appropriate groundwater for a beneficial use in a designated groundwater basin shall make application to the commission in a form to be prescribed by the commission. The applicant shall specify the particular designated groundwater basin or subdivision …

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. § 37-90-107.6 Aquifer storage-and-recovery plans - publication - objection - hearing - rules

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If a person seeks to obtain an approval of an aquifer storage-and-recovery plan within the boundaries of a designated groundwater basin, the person must apply to the commission in a form and manner determined by the commission by rule. When submitting the application to the commi…

Colo. Rev. Stat. § 37-90-108 Final permit - evidence of well construction and beneficial use - limitations - rules

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(1) (a) After having received a conditional permit to appropriate designated groundwater, a permit holder, within two years after the date of the issuance of the permit, shall construct the well or other works necessary to apply the water to a beneficial use. (b) The permit holde…

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. § 37-90-115 Judicial review of actions of the ground water commission or the state engineer

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(1) (a) Any party, including a ground water management district, adversely affected or aggrieved by any decision or act of the ground water commission, except for the adoption of rules, under the provisions of this article or by a decision or act of the state engineer under secti…

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. § 37-90-119 Creation of districts - proposal - submission - changes - proposed boundaries

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A proposal for the formation of a designated ground water management district must be first submitted to the ground water commission, which shall make a hydrologic, geographic, and geologic evaluation of the proposed boundaries and recommend any changes in such boundaries as are …

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. § 37-90-121 Management districts - petition - contents - minor defects - amendment

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(1) The petition referred to in section 37-90-120 shall set forth: (a) The name of the proposed district and boundaries thereof; (b) A proposed division of the district into divisions as nearly equal in size as may be practicable, and considering the population thereof, each of w…

Colo. Rev. Stat. § 37-90-122 Management district - petition - certification of signatures - hearing - notice - publication

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The commission shall examine the petition, and, if it finds that it bears the requisite number of signatures and otherwise meets the stated requirements, it shall thereupon set a date for hearing upon such petition and shall cause notice of such hearing, together with a copy of s…

Colo. Rev. Stat. § 37-90-123 Management districts - hearing - objections - change of boundaries

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At the time set for such hearing, the commission shall examine the petition and hear objections thereto and may order changes in the boundaries thereof by the inclusion or removal of land therefrom upon finding that such change would be hydrologically, geologically, and geographi…

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. § 37-90-126 Management district - directors - qualifications - oath or affirmation - bond - vacancies

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The members of the board of directors shall meet the qualifications established in section 37-90-121 (1)(b). Each member of the board shall take an oath or affirmation in accordance with section 24-12-101, shall give bond in the sum of five thousand dollars conditioned that he or…

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. § 37-90-131 Management district - board of directors - control measures - hearing - notice - publication - order

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(1) (a) Whenever the board of directors determines that controls, regulations, or conservation measures are necessary in order to ensure the proper conservation of groundwater within the district, it shall confer with the ground water commission and groundwater users within the d…

Colo. Rev. Stat. § 37-90-132 Management district - board of directors - taxes - levy - limitation

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The board of directors may levy and collect annually taxes necessary to finance the activities of such district to the amount of not more than two mills on the dollar of the valuation for assessment of all taxable property within the district. It shall, in accordance with the sch…

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.

Colo. Rev. Stat. § 37-90-134 Management district - issuance of bonds - indebtedness - submission to electors

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(1) To pay for the construction, operation, and maintenance of any works, and expenses preliminary and incidental thereto, which the board is authorized to construct for the benefit of the district, the board is authorized to enter into contracts providing for payment in installm…

Colo. Rev. Stat. § 37-90-135 Management district - dissolution - procedure - funds - disposition

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If there are no debts outstanding, the board of directors may, on its own motion or on the written petition of twenty percent of the taxpaying electors of the district, request of the ground water commission that the question of dissolution of such district be submitted to the el…

Colo. Rev. Stat. § 37-90-137 Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules - definitions

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(1) (a) On and after May 17, 1965, a new well shall not be constructed outside the boundaries of a designated groundwater basin, and the supply of water from existing wells outside the boundaries of a designated groundwater basin shall not be increased or extended unless the user…

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 …