Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-91-108 Denial, revocation, or suspension of license
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(1) The board, by an affirmative vote of at least four of its six members, may withhold, deny, revoke, or suspend any license issued or applied for in accordance with this article 91, upon proof that the licensee or applicant: (a) Has used fraud or deception in applying for a lic…
Colo. Rev. Stat. § 37-91-109 Further scope of article - orders - penalties
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(1) (a) A well or ground heat exchanger shall not be located, constructed, repaired, or abandoned and pumping equipment shall not be installed or repaired contrary to this article 91 and applicable rules of the board adopted to effectuate the purposes of this article 91. (b) The …
Colo. Rev. Stat. § 37-91-110 Basic principles and minimum standards - rules
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(1) The following basic principles, general in scope and fundamental in character, govern the construction, repair, or abandonment of a well; the installation, repair, or abandonment of a ground heat exchanger; and the installation or repair of pumping equipment: (a) Water wells …
Colo. Rev. Stat. § 37-91-111 Violations and penalties
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(1) It is unlawful: (a) For an individual to represent themself as a well construction contractor, a ground heat exchanger contractor, or a pump installation contractor if the individual is not licensed under this article 91 or the individual's license has been suspended or revok…
Colo. Rev. Stat. § 37-91-112 Injunctive proceedings
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(1) The board may, through the attorney general of the state of Colorado, apply for civil penalties and for an injunction to enjoin any person from committing any act declared to be unlawful by this article. Such application shall be heard in the district court in which the groun…
Colo. Rev. Stat. § 37-91-113 Well inspection program
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(1) The state engineer shall monitor compliance with this article 91, including by inspecting water well construction, ground heat exchanger installation, and pump installation, and the state engineer may employ inspectors for this purpose. The costs of monitoring and inspection …
Colo. Rev. Stat. § 37-92-101 Short title
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This article shall be known and may be cited as the Water Right Determination and Administration Act of 1969. Source: L. 69: p. 1200, � 1. C.R.S. 1963: � 148-21-1.
Colo. Rev. Stat. § 37-92-102 Legislative declaration - basic tenets of Colorado water law
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(1) (a) It is hereby declared to be the policy of the state of Colorado that all water in or tributary to natural surface streams, not including nontributary groundwater as that term is defined in section 37-90-103, originating in or flowing into this state have always been and a…
Colo. Rev. Stat. § 37-92-103 Definitions
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As used in this article 92, unless the context otherwise requires: (1) Abandonment of a conditional water right means the termination of a conditional water right as a result of the failure to develop with reasonable diligence the proposed appropriation upon which such water righ…
Colo. Rev. Stat. § 37-92-201 Water divisions
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(1) For the purposes of this article, the following water divisions are hereby established: (a) Division 1: Division 1 consists of all lands in the state of Colorado in the drainage basins of the South Platte river, the Big Laramie river, the Arikaree river, the north and south f…
Colo. Rev. Stat. § 37-92-202 Division engineers
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(1) (a) The state engineer, with the approval of the executive director of the department of natural resources, shall appoint one division engineer for each division. The division engineers are allocated to the division of water resources as a section of the division. The divisio…
Colo. Rev. Stat. § 37-92-203 Water judges - jurisdiction
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(1) There is established in each water division the position of water judge of the district courts of all counties situated entirely or partly within the division. Said district courts collectively acting through the water judge have exclusive jurisdiction of water matters within…
Colo. Rev. Stat. § 37-92-204 Water clerks - duties
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(1) (a) There is established in each water division the office of water clerk, who shall be an associate clerk of the district court and shall be appointed in the same manner as clerks of the various district courts. The water clerk may be a part-time employee, or an existing cle…
Colo. Rev. Stat. § 37-92-301 Administration and distribution of waters
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(1) The state engineer shall be responsible for the administration and distribution of the waters of the state, and, in each division, such administration and distribution shall be accomplished through the offices of the division engineer as specified in this article. (2) In acco…
Colo. Rev. Stat. § 37-92-303 Rulings by the referee
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(1) Within sixty-three days after the last day on which statements of opposition may be filed with respect to a particular application, unless such time is extended by the water judge for good cause shown, the referee shall make a ruling on the application unless the referee dete…
Colo. Rev. Stat. § 37-92-304 Proceedings by the water judge
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(1) On the first Tuesday of March and September in division 1, the second Tuesday of March and September in division 2, the third Tuesday of March and September in division 3, the fourth Tuesday of March and September in division 4, the first Tuesday of April and October in divis…
Colo. Rev. Stat. § 37-92-306 Priorities junior to prior awards - when
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With respect to each division described in section 37-92-201, the priority date awarded for water rights or conditional water rights adjudged and decreed on applications for a determination of the amount and priority thereof filed in such division during each calendar year shall …
Colo. Rev. Stat. § 37-92-306.1 Relation back of priority date
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(1) Except in the case of applications for adjudication of groundwater, notwithstanding the provisions of section 37-92-306, the filing date of an application for a water right or conditional water right involving the same source of water and derived from the same point of divers…
Colo. Rev. Stat. § 37-92-401 Tabulations of priorities and decennial abandonment lists
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(1) (a) (I) The division engineer of each division with the approval of the state engineer shall maintain a tabulation in order of seniority of all decreed water rights and conditional water rights in their divisions. The tabulations must describe each water right and conditional…
Colo. Rev. Stat. § 37-92-501 Jurisdiction over water - rules and regulations
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(1) The state engineer and the division engineers shall administer, distribute, and regulate the waters of the state in accordance with the constitution of the state of Colorado, the provisions of this article and other applicable laws, and written instructions and orders of the …
Colo. Rev. Stat. § 37-92-501.5 Special procedures with respect to plans for augmentation
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Consistent with the decisions of the water judges establishing the basis for approval for plans for augmentation and for the administration of groundwater, the state engineer and division engineers shall exercise the broadest latitude possible in the administration of waters unde…
Colo. Rev. Stat. § 37-92-502 Orders as to waste, diversions, or distribution of water
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(1) The state engineer or the division engineers shall issue to the owners or users of water rights and to the users of waters of the state such orders as are necessary to implement the provisions of section 37-92-501, including, but not limited to, the orders specified in subsec…
Colo. Rev. Stat. § 37-92-503 Enforcement - injunction
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(1) (a) In the event an order of a division engineer or the state engineer issued pursuant to section 37-92-502 is not complied with, the state engineer and the particular division engineer in the name of the people of the state of Colorado, through the attorney general, shall ap…
Colo. Rev. Stat. § 37-92-504 Treble damages
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Any person who is damaged in his business or property by reason of the violation of an order issued pursuant to section 37-92-502, the violation of which has been properly enjoined pursuant to section 37-92-503, may bring an action against any person who has violated said order i…
Colo. Rev. Stat. § 37-95-101 Short title
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This article shall be known and may be cited as the Colorado Water Resources and Power Development Authority Act. Source: L. 81: Entire article added, p. 1794, � 1, effective July 1.
Colo. Rev. Stat. § 37-95-102 Legislative declaration
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(1) It is hereby declared to be the public policy of the state to preserve, protect, upgrade, conserve, develop, utilize, and manage the water resources of the state, to promote the beneficial use of waters of the state for the protection and preservation of the public health, sa…
Colo. Rev. Stat. § 37-95-103 Definitions
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As used in this article 95: (1) Authority means the Colorado water resources and power development authority created by this article. (2) Beneficial use means a use of water, including the method of diversion, storage, transportation, treatment, and application, that is reasonabl…
Colo. Rev. Stat. § 37-95-106 Authority - powers
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(1) Except as otherwise limited by this article, the authority, acting through the board, has the power: (a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a body corporate and political subdivision of the state; (b) To sue and be sued; (c) T…
Colo. Rev. Stat. § 37-95-107 Feasibility studies - repayment of costs
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(1) (a) (I) Before any proposed project can receive consideration for construction funding by the authority, the Colorado water conservation board must first review the feasibility study of any such proposed project, and the general assembly must authorize the authority to procee…
Colo. Rev. Stat. § 37-95-107.5 Legislative declaration - specific project authorizations
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(1) It is hereby declared to be the policy of the general assembly to protect and foster the full utilization of Colorado's limited surface water resources by allocation thereof through the operation of the appropriation system as provided by sections 5 and 6 of article XVI of th…
Colo. Rev. Stat. § 37-95-107.8 Creation and administration of drinking water revolving fund
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(1) There is hereby created in the authority the drinking water revolving fund that the authority shall maintain and administer for the purposes stated in this section. The authority may: (a) Establish procedures to administer the drinking water revolving fund in accordance with …
Colo. Rev. Stat. § 37-95-109 Bonds or notes - issuance - terms
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(1) The authority has the power and is hereby authorized from time to time to issue its bonds or notes in such principal amounts as in the opinion of the board are necessary to provide sufficient funds for any of its corporate purposes, including the payment, funding, or refundin…
Colo. Rev. Stat. § 37-95-110 Power to make covenants to secure payment
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(1) In any resolution of the board authorizing or relating to the issuance of any bonds or notes, the authority, in order to secure the payment of such bonds or notes and in addition to its other powers, has the power by provisions therein which shall constitute covenants by the …
Colo. Rev. Stat. § 37-95-111 Pledge of revenues, moneys, funds, or other property - lien
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Any pledge of revenues, moneys, funds, or other property made by the authority shall be valid and binding from the time when the pledge is made; the revenues, moneys, funds, or other property so pledged and thereafter received by the authority shall immediately be subject to the …
Colo. Rev. Stat. § 37-95-112 Personal liability
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Neither the members of the board nor any person executing bonds or notes issued pursuant to this article shall be liable personally on such bonds or notes by reason of the issuance thereof. Source: L. 81: Entire article added, p. 1807, � 1, effective July 1. 37-95-112.5. Watershe…
Colo. Rev. Stat. § 37-95-115 Exemption of bonds from taxation
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Any bonds issued by the authority under the provisions of this article, their transfer, and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation by the state or any political subdivision or other instrumentality of the stat…
Colo. Rev. Stat. § 37-95-116 Annual report - annual audit - annual budget
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(1) Notwithstanding section 24-1-136 (11)(a)(I), on or before April 30 of each year, the authority shall make an annual report of its activities for the preceding fiscal year to the governor and the joint agriculture and natural resources committee of the house of representatives…
Colo. Rev. Stat. § 37-95-118 Bonds eligible for investment
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Bonds issued under the provisions of this article are hereby made securities in which all insurance companies, trust companies, banking associations, savings and loan associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and l…
Colo. Rev. Stat. § 37-95-119 Charges for use of service of projects
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Rentals or other charges with respect to a project shall not be subject to supervision or regulation by any other authority, commission, board, bureau, or agency of the state, and such contract with respect to a project may provide for acquisition by such person or governmental a…
Colo. Rev. Stat. § 37-95-120 Agreements with governmental agencies or persons
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(1) Governmental agencies or persons may enter into lease, sale, or loan agreements with the authority with respect to any project, and governmental agencies or persons may also enter into purchase agreements with the authority for the purchase of the capacity use or service of a…
Colo. Rev. Stat. § 37-95-122 Severability
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If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the…
Colo. Rev. Stat. § 37-95-123 Construction of article
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This article shall be construed liberally to effectuate the legislative intent and the purposes of this article as the complete and independent authority for the performance of each and every act and thing authorized in this article, and all the powers granted in this article sha…
Colo. Rev. Stat. § 37-96-101 Short title
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This article shall be known and may be cited as the State Projects Water Conservation in Landscaping Act. Source: L. 89: Entire article added, p. 1435, � 1, effective April 19.
Colo. Rev. Stat. § 37-96-102 Legislative declaration
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(1) The general assembly hereby finds, determines, and declares that: (a) The waters of the state are of limited supply and are subject to ever increasing demands; (b) The continuation of Colorado's economic prosperity is dependent on adequate supplies of water being available fo…
Colo. Rev. Stat. § 37-96-102.5 Definitions
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As used in this article 96, unless the context otherwise requires: (1) Public entity means any governmental or quasi-governmental agency of the state, as well as any political subdivision of the state if that political subdivision receives financing from the state for a public pr…
Colo. Rev. Stat. § 37-97-101 Short title
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This article shall be known and may be cited as the Water Metering Act. Source: L. 90: Entire article added, p. 1630, � 1, effective July 1.
Colo. Rev. Stat. § 37-97-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Water service supplier means any person who, for compensation, provides water for human consumption or for household use through a system of pipes, structures, or other facilities if such system has at least six …
Colo. Rev. Stat. § 37-97-102.5 Exemptions
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(1) Communities receiving their water supply from free-flowing springs shall be exempt from this article. (2) Raw water piped irrigation systems in communities that have separate raw water piped irrigation systems and domestic water systems shall be exempt from this article. (3) …
Colo. Rev. Stat. § 37-97-103 Mandatory use of metered water delivery and billing systems
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(1) Every water service supplier providing water in this state shall provide a metered water delivery and billing service to its customers according to the following schedule: (a) For any new construction serviced by such water service supplier, including but not limited to const…
Colo. Rev. Stat. § 37-98-101 Legislative declaration
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(1) The general assembly finds, determines, and declares that the purpose of this article 98 is to provide a committee as a forum through which the general assembly shall review: (a) The statewide planning, administration, and monitoring of Colorado's water resources; and (b) Col…