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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. § 37-80-112 Report of state engineer
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The state engineer shall report to the executive director of the department of natural resources at such times and on such matters concerning the state engineer's office and the division of water resources as the executive director may require. Source: L. 1889: p. 374, § 11. R.S.…
Colo. Rev. Stat. § 37-80-113 State engineer - qualifications - salary - conflict of interest
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(1) The state personnel director shall require that the state engineer is a person qualified to be a registered engineer in Colorado having the background of knowledge and experience in areas essential to the proper discharge of his duties and functions. (2) The salary of the sta…
Colo. Rev. Stat. § 37-80-114 Deputy state engineer - powers
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(1) The state engineer shall appoint a deputy state engineer, subject to section 13 of article XII of the state constitution, whose duties are to assist the state engineer in the administration of the state engineer's office. The deputy state engineer has the power to act for the…
Colo. Rev. Stat. § 37-80-115 Performance of personnel - duties

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(1) The state engineer shall furnish such directions and require such performance with respect to the work of those under his jurisdiction as will ensure continuous, efficient, and effective discharge of the functions of the division of water resources. (2) It is the duty of the …

Colo. Rev. Stat. § 37-80-116 Legal services authorized

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(1) (a) The attorney general shall assign an assistant from his or her office to act as an advisor to the state engineer and to the various employees of the state who are subject to the administrative authority of the state engineer. The state engineer shall use the services of t…

Colo. Rev. Stat. § 37-80-117 Regulation of water for measurements

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Whenever it is necessary for any duly authorized hydrographer from the office of the state engineer, or any hydrographer duly authorized by the state engineer or division engineer or water commissioner, or for any water official to make a rating of any weir or flume or measuring …

Colo. Rev. Stat. § 37-80-118 False reports of gauge heights

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Any headgate keeper, owner, employee, or other person having charge of any automatic self-registering device installed and operated pursuant to order of the state engineer or a division engineer or compiling gauge height records pursuant to order of the state engineer or division…

Colo. Rev. Stat. § 37-80-119 Interference with recording instruments

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It is unlawful for any person who does not have charge of any weir, headgate, automatic self-registering device, or other measuring recording device or any canal or reservoir intake or outlet, who does not have authority to install, repair, maintain, or operate any such device or…

Colo. Rev. Stat. § 37-80-120 Upstream storage - substitute supply - historic natural depletion

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(1) In every case in which the state engineer finds that water can be stored out of priority under circumstances such that the water so stored can be promptly made available to downstream senior storage appropriators in case they are unable to completely store their entire approp…

Colo. Rev. Stat. § 37-80-122 South Platte river alluvial aquifer groundwater monitoring network

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(1) The state engineer shall, as specified in this section, design and operate a tributary groundwater monitoring network in the South Platte river alluvial aquifer, referred to in this section as the monitoring network. The objective of the monitoring network is to: (a) Provide …

Colo. Rev. Stat. § 37-80-123 Lease, loan, or trade of agricultural water protection water right - rules - definition

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(1) (a) As soon as practicable, the state engineer shall initiate the promulgation of rules governing the review of a substitute water supply plan pursuant to section 37-92-308 (12). In promulgating the rules, the state engineer shall follow the state engineer's own rule-making p…

Colo. Rev. Stat. § 37-80-124 State engineer - designation of fire suppression ponds - conditional requirements - inspections - expiration of designation - database - reviews by water courts

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(1) For the purposes of section 37-82-107, the state engineer shall: (a) Review applications received from boards of county commissioners concerning the designation of ponds as fire suppression ponds; and (b) At the state engineer's discretion, designate ponds as fire suppression…

Colo. Rev. Stat. § 37-81-101 Diversion of water outside state - application required - special conditions - penalty

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(1) (a) The general assembly hereby finds and declares that the location and availability of water in this state varies greatly from place to place and that the state as a whole suffers a shortage of water. The general assembly further recognizes that, because of Colorado's uniqu…

Colo. Rev. Stat. § 37-81-102 Officials charged with enforcement

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It is the duty of the state engineer, the division engineers, and the water commissioners of this state to see that the waters of the state are available for the use and benefit of the citizens and inhabitants of the state for its growth, prosperity, and general welfare, and it i…

Colo. Rev. Stat. § 37-81-103 Effect of apportionment credits upon diversions of water from state

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(1) For the purpose of evaluating applications made pursuant to section 37-81-101, no water occurring in any aquifer or being a part of or hydraulically connected to any interstate stream system may be diverted or appropriated in Colorado for a use which contemplates or involves …

Colo. Rev. Stat. § 37-81-104 Fee for diversion - fund created

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(1) (a) To effectuate the purposes of this article, the general assembly hereby authorizes a fee of fifty dollars per acre-foot to be assessed and collected by the state engineer on water diverted, carried, stored, or transported in this state for beneficial use outside this stat…

Colo. Rev. Stat. § 37-82-101 Waters of natural surface streams subject to appropriation

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(1) The water of every natural stream, as referred to in sections 5 and 6 of article XVI of the state constitution, includes all the water occurring within the state of Colorado which is in or tributary to a natural surface stream but does not include nontributary groundwater as …

Colo. Rev. Stat. § 37-82-102 Priority of right to spring water

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All ditches constructed for the purpose of utilizing the waste, seepage, or spring waters of the state shall be governed by the same laws relating to priority of right as those ditches constructed for the purpose of utilizing the water of running streams; but the person upon whos…

Colo. Rev. Stat. § 37-82-103 Appropriation of natural springs

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The waters of natural flowing springs may be appropriated for all beneficial uses, and the priorities of such appropriations may be determined as provided by law. If it is found that the water of any such springs is not tributary to any natural stream, the determinations shall fi…

Colo. Rev. Stat. § 37-82-104 Not to impair vested rights

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Nothing in sections 37-82-103 to 37-82-105 shall be construed to amend or repeal section 37-82-102; or impair, diminish, or destroy any valid appropriation of water for any beneficial use which has been made or decreed in accordance with law; or modify, amend, or affect any decre…

Colo. Rev. Stat. § 37-82-105 Interference with flow - damages

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Any person, association, or corporation who, without lawful right so to do, causes any diminution of or obstruction or interference with the flow of waters from any such natural springs to the injury of any appropriator of any such waters shall be liable in damages to the injured…

Colo. Rev. Stat. § 37-82-106 Right to reuse of imported water

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(1) Whenever an appropriator has lawfully introduced foreign water into a stream system from an unconnected stream system, such appropriator may make a succession of uses of such water by exchange or otherwise to the extent that its volume can be distinguished from the volume of …

Colo. Rev. Stat. § 37-82-107 Fire suppression ponds - legislative declaration - needs assessment - notice of consideration required - restriction on draining of ponds - rules - no water right created

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(1) The general assembly hereby declares that: (a) Fire suppression ponds are essential for the protection of public safety and welfare; and (b) Based on this declaration, the state engineer is authorized to review applications and designate ponds as fire suppression ponds in acc…

Colo. Rev. Stat. § 37-83-101 Transfer from one stream to another

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Whenever any person or company diverts water from one public stream and turns it into another public stream, such person or company may take out the same amount of water again, less a reasonable deduction for seepage and evaporation, to be determined by the state engineer. Source…

Colo. Rev. Stat. § 37-83-102 Maintenance of measuring devices

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Any person or company transferring water from one public stream to another is required to construct and maintain, under the direction of the state engineer, measuring flumes or weirs and self-registering devices at the point where the water leaves its natural watershed and is tur…

Colo. Rev. Stat. § 37-83-103 Division engineer to keep record

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It is the duty of the division engineer of the division in which the water is used to keep a record of the amount of water so turned into his division from any other division. Source: L. 1897: p. 176, § 3. R.S. 08: § 3224. C.L. § 1704. CSA: C. 90, § 102. CRS 53: § 147-6-3. C.R.S.…

Colo. Rev. Stat. § 37-83-104 Reservoirs and ditches may exchange

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When the rights of others are not injured thereby, it is lawful for the owner of a reservoir to deliver stored water into a ditch entitled to water or into the public stream to supply appropriations from said stream and take in exchange therefor from the public stream higher up a…

Colo. Rev. Stat. § 37-83-105 Owner may loan agricultural water right - loans to Colorado water conservation board for instream flows - rules - definition

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(1) (a) Subject to the limitations of this subsection (1) and pursuant to the procedures set forth in subsection (2)(b) of this section that apply to an expedited loan described in subsection (2)(a)(III.7) of this section, the owner of a water right decreed and used solely for ag…

Colo. Rev. Stat. § 37-83-106 Authority of political subdivisions to lease or exchange water

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Water conservancy districts and water conservation districts which own or hold rights to water may enter into cooperative agreements with other political subdivisions of the state for the lease or exchange of water produced in the exercise of such district's water rights and the …

Colo. Rev. Stat. § 37-84-101 Maintenance of embankments and tail ditch

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The owners of any ditch for irrigation or other purposes shall carefully maintain the embankments thereof so that the waters of such ditch may not flood or damage the premises of others, and shall make a tail ditch so as to return the water in such ditch with as little waste as p…

Colo. Rev. Stat. § 37-84-102 Vested rights not impaired

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Nothing in articles 80 to 92 of this title shall be so construed as to impair the prior vested rights of any mill or ditch owner or other person to use the waters of any such watercourse. Source: R.S. p. 364, § 8. G.L. § 1379. G.S. § 1729. R.S. 08: § 3234. C.L. § 1714. CSA: C. 90…

Colo. Rev. Stat. § 37-84-103 Bridge when ditch crosses highway

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(1) Any bridge constructed on a public highway, a public traveled road, a street, or an alley to accommodate the crossing of any ditch, canal, or other waterway shall be constructed in accordance with applicable standards established by the state, county, or municipality having j…

Colo. Rev. Stat. § 37-84-106 Bridges over ditch - maintenance

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All bridges constructed over any ditch, race, drain, or flume crossing any public highway, street, or alley, after construction, shall be maintained by and at the expense of the county or municipality in which such ditch, race, drain, or flume may be situated. Source: L. 13: p. 1…

Colo. Rev. Stat. § 37-84-107 Owner of ditch must prevent waste

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The owner of any irrigating or mill ditch shall carefully maintain and keep the embankments thereof in good repair and prevent the water from wasting. Source: L. 1876: p. 78, § 1. G.L. § 1385. G.S. § 1733. R.S. 08: § 3238. C.L. § 1719. CSA: C. 90, § 117. CRS 53: § 147-7-7. C.R.S.…

Colo. Rev. Stat. § 37-84-108 Running excess of water forbidden

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(1) During the summer season a person shall not run through his or her irrigating ditch any greater quantity of water than is absolutely necessary for irrigating, domestic, and stock purposes to prevent the wasting and useless discharge and running away of water. (2) A person usi…

Colo. Rev. Stat. § 37-84-109 Penalty for violation of sections

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Any person who willfully violates any of the provisions of sections 37-84-107 and 37-84-108, upon conviction thereof, shall be fined not less than one hundred dollars. Suits for penalties under sections 37-84-107 and 37-84-108 shall be brought in the name of the people of the sta…

Colo. Rev. Stat. § 37-84-110 Head of ditch to be latticed

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Every corporation and company, whether created by special act or organized under the general incorporation laws of this state, and every partnership or any persons who own or control any canal or ditch, or any part thereof, being two feet in width or over and carrying water to th…

Colo. Rev. Stat. § 37-84-111 Penalty for failure to cover and lattice

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If any such corporation, company, partnership, or person fails or refuses to comply with any of the provisions of section 37-84-110, such corporation, company, partnership, or person shall forfeit and pay the sum of fifty dollars for each day such failure or refusal continues, to…

Colo. Rev. Stat. § 37-84-112 Headgates - specifications - failure to maintain - penalty

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(1) The owners of any irrigation ditch, canal, flume, or reservoir in this state, taking water from any stream, shall erect where necessary and maintain in good repair, at the point of intake of such ditch, canal, flume, or reservoir, a suitable and proper headgate of height and …

Colo. Rev. Stat. § 37-84-113 Measuring flumes - construction

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The owners of any irrigation ditch, canal, or reservoir, transferring water from one natural stream to another, or from a reservoir, ditch, or flume to a stream in order that said water may be diverted from such stream for irrigation or any other purpose, shall construct suitable…

Colo. Rev. Stat. § 37-84-114 Rating of flumes and weirs

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The state engineer or division engineer shall rate the measuring flume and weirs referred to in sections 37-84-112 to 37-84-117, and the original notes of such rating, together with a complete table compiled therefrom, shall be filed as a part of the records of the office of the …

Colo. Rev. Stat. § 37-84-115 Gauge rods

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A gauge rod, marked in feet and tenths and one-hundredths of a foot, shall be permanently fixed and maintained at the outlets of all reservoirs, under the supervision of the division engineer, and if any owner or possessor of any reservoir fails or refuses to provide, fix, and ma…

Colo. Rev. Stat. § 37-84-116 Control of headgates and weirs

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All headgates, measuring weirs, flumes, and devices used in connection with canals, flumes, and ditches or reservoirs for the measuring and delivering of waters therefrom and thereto shall be under the supervision and control at all times of the state engineer and the division en…

Colo. Rev. Stat. § 37-84-117 Reservoirs in streams

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(1) The owners of any reservoir located upon or in the bed of any natural stream or through which any natural stream flows, for the purpose of storing or diverting water, at the expense of the owner, shall furnish a complete survey of the contour lines of the reservoir for the st…

Colo. Rev. Stat. § 37-84-118 Ditch owners to provide flow - when

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Every person or company owning or controlling any canal or ditch used for the purposes of irrigation and carrying water for pay, when demanded by the users from April 1 until November 1 in each year, shall keep a flow of water therein, so far as may be reasonably practicable for …

Colo. Rev. Stat. § 37-84-119 Ditches to be kept in repair

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The owners, or persons in control, of any canal or ditch used for irrigating purposes shall maintain the same in good order and repair, ready to receive water by April 1 in each year, so far as can be accomplished by the exercise of reasonable care and diligence, and shall constr…

Colo. Rev. Stat. § 37-84-120 Measurement of water

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It is the duty of those owning or controlling such canals or ditches to appoint a superintendent, whose duty it is to measure the water from such canal or ditch through the outlets to those entitled thereto, each according to his pro rata share. Source: L. 1887: p. 305, § 3. R.S.…

Colo. Rev. Stat. § 37-84-121 Penalty for refusal to deliver water

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Any superintendent or any person having charge of said ditch who willfully neglects or refuses to deliver water, as provided in sections 37-84-118 to 37-84-123, or any person who prevents or interferes with the proper delivery of water to the persons having the right thereto comm…

Colo. Rev. Stat. § 37-84-122 Division engineer to measure water

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Any division engineer, or the division engineer's deputy or assistant, who willfully neglects or refuses, after being called upon, to promptly measure water from the stream or other source of supply into the irrigating canals or ditches, in the division engineer's division, accor…

Colo. Rev. Stat. § 37-84-123 Jurisdiction of county court

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In all cases declared misdemeanors by sections 37-84-118 to 37-84-123, the county court of the county in which the offense was committed has jurisdiction. Source: L. 1887: p. 306, § 6. R.S. 08: § 3259. C.L. § 1738. CSA: C. 90, § 136. CRS 53: § 147-7-24. L. 64: p. 341, § 345. C.R.…