Title 37, Water and Irrigation

0 chapters · 1,105 sections in this title.

1,105 sectionsFiltered byTitle 37

Colo. Rev. Stat. § 37-84-125 Receipt of too much water
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It is the duty of every such person, taking water from any ditch, canal, or reservoir, to be used for irrigation purposes, on finding that he is receiving more water from such ditch, canal, or reservoir, either through his headgate or by means of leaks, or by any means whatsoever…
Colo. Rev. Stat. § 37-85-101 Person defined - liability
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Person, as used in this article, includes corporations and associations and the plural as well as the singular number. Every officer of a corporation or member of an association or co-ownership and every agent violating any of the provisions of sections 37-85-108 to 37-85-111 sha…
Colo. Rev. Stat. § 37-85-102 Right to continue purchasing water
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Any persons, acting jointly or severally, who have purchased and used water for irrigation for lands occupied by them from any ditch or reservoir, and have not ceased to do so for the purpose or with intent to procure water from some other source of supply, have the right to cont…
Colo. Rev. Stat. § 37-85-103 County commissioners to hear and consider applications
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The board of county commissioners of each county, at its regular sessions in each year, and at such other sessions as it in its discretion may deem proper, in view of the irrigation and harvesting season, and the convenience of all parties interested, shall hear and consider all …
Colo. Rev. Stat. § 37-85-104 Commissioners to appoint day for hearing
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Every board of county commissioners, upon examination of such affidavit, or from the oaths of witnesses in addition thereto, if it finds that the facts sworn to show the application to be in good faith, and that there are reasonable grounds to believe that unjust rates of compens…
Colo. Rev. Stat. § 37-85-105 Order fixing date of hearing
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(1) At the time so fixed, all persons interested, on either side of the controversy, in lands which may be irrigated from such ditch, or other work, may appear by themselves, their agents, or their attorneys, and said board of county commissioners shall then proceed to take actio…
Colo. Rev. Stat. § 37-85-106 Hearing - testimony - maximum rates
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(1) The board of county commissioners may adjourn or postpone any hearing from time to time as may be found necessary or for the convenience of parties or of public business. It shall hear and examine all legal testimony or proofs offered by any party interested concerning the or…
Colo. Rev. Stat. § 37-85-107 False swearing
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Every person who swears or affirms falsely in any matter is guilty of perjury in the second degree. Every person who testifies falsely after being duly sworn or having affirmed as a witness in any proceeding provided for in sections 37-85-103 to 37-85-106 is guilty of perjury in …
Colo. Rev. Stat. § 37-85-108 Bonus deemed an extortionate rate
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(1) It shall not be lawful for any person owning or controlling, or claiming to own or control, any ditch, canal, or reservoir carrying or storing, or designed for the carrying or storing of, any water taken from any natural stream or lake within this state, to be furnished or de…
Colo. Rev. Stat. § 37-85-109 Penalty for collecting excessive rate
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Every person owning or controlling, or claiming to own or control, any ditch, canal, or reservoir, who, after demand in writing made upon the person for the supply or delivery of water for irrigation, mining, milling, or domestic purposes, to be delivered from the canal, ditch, o…
Colo. Rev. Stat. § 37-85-110 Penalty for refusal to deliver water
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Every person owning or controlling, or claiming to own or control, any ditch, canal, or reservoir, such as is mentioned in section 37-85-108, who, after demand in writing made upon the person for the supply or delivery of water for irrigation, mining, milling, or domestic purpose…
Colo. Rev. Stat. § 37-85-111 Action when corporation refuses to deliver water
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When any corporation, in defiance or by attempted evasion of the provisions of sections 37-85-101 and 37-85-108 to 37-85-111, after tender of the compensation, refuses to deliver water, such as is mentioned in section 37-85-110, to any person lawfully entitled to apply for water,…
Colo. Rev. Stat. § 37-86-101 Sections liberally construed
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This section and sections 37-86-108 to 37-86-110 are passed in the exercise of the police power of the state, and their provisions shall be liberally construed for the purpose of effectuating their object. Source: L. 19: p. 506, � 4. C.L. � 1632. CSA: C. 90, � 15. CRS 53: � 147-3…
Colo. Rev. Stat. § 37-86-102 Right-of-way through other lands
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Any person owning a water right or conditional water right shall be entitled to a right-of-way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for beneficial use in accordance with said water right …
Colo. Rev. Stat. § 37-86-103 Extent of right-of-way
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Such right-of-way shall extend only to a ditch, dike, cutting, pipeline, or other structure sufficient for the purpose required. Unless inconsistent with the terms upon which the right-of-way was created, and not to be construed as a limit on any other rights in a ditch or ditch …
Colo. Rev. Stat. § 37-86-104 Condemnation of right-of-way
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(1) Upon the refusal of owners of tracts of land through which said right-of-way is proposed to run, to allow passage through their property, the person desiring such right-of-way may proceed to condemn and take same under the provisions of articles 1 to 7 of title 38, C.R.S., co…
Colo. Rev. Stat. § 37-86-105 No land burdened with more than one ditch
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No tract or parcel of improved or occupied land, without the written consent of the owner thereof, shall be subjected to the burden of two or more ditches or other structures constructed for the purpose of conveying water through said land when the same object can feasibly and pr…
Colo. Rev. Stat. § 37-86-106 Shortest route must be taken
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Whenever any persons find it necessary to convey water through the lands of others, they shall select for the line of such conveyance the shortest and most direct route practicable upon which said ditch can be constructed with uniform or nearly uniform grade. Source: L. 1881: p. …
Colo. Rev. Stat. § 37-86-107 Owner of ditch must permit enlargement
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No persons having constructed a private ditch for the purposes and in the manner provided in section 37-86-106 shall prohibit or prevent any other person from enlarging or using any ditch by them constructed in common with them, upon payment to them of a reasonable proportion of …
Colo. Rev. Stat. § 37-86-108 Incorporation of lateral ditch owners
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Whenever the owners of sixty percent or more of the area of lands served by any one lateral ditch used for the delivery of water for irrigation from a common source organizes a corporation having for its object the taking over and owning of all of the interests of the incorporato…
Colo. Rev. Stat. § 37-86-109 Consideration of incorporation benefits
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In such condemnation proceedings, the court, jury, or commissioners having authority in the premises shall consider, as one of the elements of benefit accruing to the owners of the property so being condemned, the advantages accruing to said owner by reason of the organization of…
Colo. Rev. Stat. § 37-86-110 Payment of damages
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It is lawful for such corporation to pay the damages, if any, assessed on account of the taking in such condemnation proceedings, in its own corporate stock at the same price per share paid therefor by the original incorporators, and the court, jury, or commissioners having autho…
Colo. Rev. Stat. § 37-86-111 Head of ditch may be relocated
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(1) In case the channel of a natural stream becomes so cut out, lowered, turned aside, or otherwise changed from any cause as to prevent any ditch, canal, or feeder of any reservoir from receiving the proper inflow of water to which it may be entitled from the natural stream, the…
Colo. Rev. Stat. § 37-86-112 Water to be prorated among consumers
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If at any time any ditch or reservoir from which water is drawn for irrigation shall not be entitled to a full supply of water from the natural stream which supplies the same, the water actually received into and carried by such ditch, or held in such reservoir, shall be divided …
Colo. Rev. Stat. § 37-86-113 Irrigation of meadows
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All persons who have enjoyed the use of the water in any natural stream for the irrigation of any meadow land by the natural overflow or operation of the water of such stream, in case the diminishing of the water supplied by such stream, from any cause, prevents such irrigation t…
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.