reglab/housing_qa huggingface dataset:
CO Code § 37-86-110 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 86 - Rights-of-Way and Ditches|§ 37-86-110. Payment of Damages

 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 authority in the premises, in arriving at the damage to be awarded, shall take into consideration the amount of stock which the original incorporators have received for their holdings.   History. Source: L. 19: P. 505, § 3. C.L. § 1631. CSA: C. 90, § 14. CRS 53: § 147-3-9. C.R.S. 1963: § 148-3-9. History. Source: L. 19: P. 505, § 3. C.L. § 1631. CSA: C. 90, § 14. CRS 53: § 147-3-9. C.R.S. 1963: § 148-3-9.
CO Code § 37-87-103 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-103. Notice of Release of Stored Water

 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 with the amount to be released in cubic feet per second, the duration of the releases, and the name of the structure or other location to which the water released from storage is to be delivered, to allow the water officials in charge of any stream into which the stored water is released to make and record the necessary measurements of flow and storage and to provide for a proper patrol of the stream, for the protection of the reservoir owner and all other appropriators along the stream whose interests might be affected as a result of the reservoir release.   History. Source: L. 35: P. 639, § 2. CSA: C. 90, § 81. CRS 53: § 147-5-3. C.R.S. 1963: § 148-5-3. L. 2017: Entire section amended,(SB 17-026), ch. 47, p. 147, § 13, effective August 9. History. Source: L. 35: P. 639, § 2. CSA: C. 90, § 81. CRS 53: § 147-5-3. C.R.S. 1963: § 148-5-3. L. 2017: Entire section amended,(SB 17-026), ch. 47, p. 147, § 13, effective August 9.    Cross references:   For the appointments and functions of water division engineers, see § 37-92-202 .   ANNOTATION   Where a mining company created large bodies of liquid tailings on its land and failed to contain those harmful and obnoxious materials, which contaminated a stream and were discharged by a flood on the land of another as the result of the failure of a wall surrounding the tailing ponds, the correct measure of damage was recognized as the difference between the value of the land immediately before the alleged injury and after the injury. The reasonable cost to clear the land of debris was not the measure, but it is nevertheless recognized that evidence of cost of repair can be considered in arriving at this difference in market value. Freel v. Ozark-Mahoning Co., 208 F. Supp. 93 (D. Colo. 1962 ).
CO Code § 37-87-104.5 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-104.5. Notification of Ownership of Dam - When Person in Control Deemed Owner

 The person or persons actually in control of the physical structure of any dam shall be deemed, for determining liability arising from ownership of a dam and with respect to operation thereof, to be the owners thereof unless notice of the name and address of the true owner thereof, together with reasonable evidence of such ownership, has been filed in the office of the state engineer by January 1, 1985. Any change in ownership shall be immediately filed in the office of the state engineer.   History. Source: L. 84: Entire section added, p. 968, § 12, effective April 30.
CO Code § 37-87-107 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-107. Safety Inspections - Amount of Water to Be Stored

 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 impound in the reservoir can be made by the state engineer. The dam safety inspections shall include, but shall not be limited to, review of previous inspections, reports and drawings, site inspection of the dam, spillways, outlet facilities, seepage control and measurement system, and permanent monument or monitoring installations, if any. Based upon inspection reports and other information affecting the safety of each dam, the state engineer shall determine the amount of water which is safe to impound in the reservoir. It is unlawful for the owners of any reservoir to store in said reservoir water in excess of the amount so determined by the state engineer to be safe.   History. Source: L. 1899: P. 315, § 3. R.S. 08: § 3207. C.L. § 1687. CSA: C. 90, § 85. CRS 53: § 147-5-7. C.R.S. 1963: § 148-5-7. L. 84: Entire section amended, p. 965, § 6, effective April 30. History. Source: L. 1899: P. 315, § 3. R.S. 08: § 3207. C.L. § 1687. CSA: C. 90, § 85. CRS 53: § 147-5-7. C.R.S. 1963: § 148-5-7. L. 84: Entire section amended, p. 965, § 6, effective April 30.
CO Code § 37-87-108 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-108. Withdrawal of Excess Water

 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 much of the water as shall be in excess of the amount so determined by the state engineer to be safe, and the division engineer shall close the inlets to the same to prevent said reservoir from being refilled to an amount beyond what said state engineer has designated as being safe. If the owners of said reservoir, or any other persons, interfere with the division engineer in the discharge of said duty, the said division engineer shall call to his aid such persons as he deems necessary and employ such force as the circumstances demand to enable him to comply with the requirements of this section. Any costs incurred by the state engineer in rectifying a failure of compliance by the owner may be recovered in a suit for civil damages.   History. Source: L. 1899: P. 315, § 4. R.S. 08: § 3208. C.L. § 1688. CSA: C. 90, § 86. CRS 53: § 147-5-8. C.R.S. 1963: § 148-5-8. L. 84: Entire section amended, p. 966, § 7, effective April 30. History. Source: L. 1899: P. 315, § 4. R.S. 08: § 3208. C.L. § 1688. CSA: C. 90, § 86. CRS 53: § 147-5-8. C.R.S. 1963: § 148-5-8. L. 84: Entire section amended, p. 966, § 7, effective April 30.    Cross references:   For the appointments and functions of water division engineers, see § 37-92-202 .   ANNOTATION   This section requires the division engineer of a district to draw off the excess water from reservoirs. Bd. of Comm'rs v. Hider, 47 Colo. 443 , 107 P. 1068 (1910).
CO Code § 37-87-108.5 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-108.5. Emergency Actions

  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 storage, or the dam is threatened by any large flood, the state engineer may immediately employ remedial measures necessary to protect such life and property.      The state engineer shall maintain complete control of any such dam or reservoir which, pursuant to subsection (1) of this section, has been determined to be dangerous to life or property until such dam or reservoir is deemed safe, or until any emergency conditions which precipitated the state engineer taking control of any such dam or reservoir, pursuant to subsection (1) of this section, have abated. The state engineer is hereby empowered to determine the proper time at which to relinquish control of any such dam or reservoir.    For purposes of this paragraph (b), measures taken by the state engineer pursuant to subsection (1) of this section shall be deemed final action by the state engineer for purposes of judicial review. The owner or operator of any dam upon which the state engineer has employed remedial measures pursuant to subsection (1) of this section may seek judicial review of the propriety of such measures by filing an action in the state district court for the district in which such dam is located.         Any necessary and reasonable costs and expenses incurred by the state engineer in fulfilling the duties mandated by subsections (1) and (2) of this section in connection with a remedial or emergency action shall be recoverable by the state engineer from the owner of any such dangerous or threatened dam.    Any owner failing or refusing, after written notice has been given, to pay the reasonable costs and expenses incurred by the state engineer pursuant to paragraph (a) of this subsection (3) shall be, upon complaint by the state engineer to the attorney general, subject to reasonable attorney fees incurred in the recovery of such costs and expenses.         All moneys collected by the state engineer pursuant to subsection (3) of this section shall be credited to the emergency dam repair cash fund created in section 37-60-122.5, to the extent necessary to replenish the account. Moneys collected in excess of such amount shall be credited to the Colorado water conservation board construction fund.    The general assembly shall make annual appropriations from the emergency dam repair cash fund created in section 37-60-122.5, for the direct and indirect costs incurred by the state engineer in the performance of those duties authorized to be carried out by the state engineer in this section.        History. Source: L. 92: Entire section added, p. 2308, § 11, effective June 3. L. 2001: (4) amended, p. 696, § 35, effective May 30.
CO Code § 37-87-109 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-109. Complaint That Reservoir Is Unsafe

 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 reservoir within the state, that said reservoir is in an unsafe condition, or that it is being filled with water to such an extent as to render it unsafe, it is the duty of the state engineer to forthwith examine said reservoir and determine the amount of water it is safe to impound therein. If, upon such examination, the state engineer finds that said reservoir is unsafe, or is being filled with water to such an extent as to render it unsafe, it is his duty to immediately cause said water to be drawn from said reservoir to such an extent as will, in his judgment, render the same safe. If water is then flowing into said reservoir, he shall cause it to be discontinued.   History. Source: L. 1899: P. 315, § 5. R.S. 08: § 3209. C.L. § 1689. CSA: C. 90, § 87. CRS 53: § 147-5-9. C.R.S. 1963: § 148-5-9. L. 71: P. 1307, § 2. History. Source: L. 1899: P. 315, § 5. R.S. 08: § 3209. C.L. § 1689. CSA: C. 90, § 87. CRS 53: § 147-5-9. C.R.S. 1963: § 148-5-9. L. 71: P. 1307, § 2.    ANNOTATION   Whenever in the judgment of the state engineer, any of the structures become unsafe, it becomes his duty and the duty of the owners under his direction to draw off sufficient water or to otherwise prevent, if possible, overflow or breakage. Garnet Ditch & Reservoir Co. v. Sampson, 48 Colo. 285 , 110 P. 79 (1910).
CO Code § 37-87-110 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-110. Engineer May Use Force

 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 by said state engineer, the owners thereof, or any other person, fills or attempts to fill them, or any of them, to a point in excess of the amount the state engineer has determined to be safe, then it is the duty of the division engineer of the district wherein such reservoir is located to proceed as directed by section 37-87-108 . All direct, actual, and necessary expenses incurred in performing any action authorized by this section shall be recoverable by the state engineer from the owner of the affected reservoir and if not reimbursed may be collected by action brought by the state engineer in the district court of the county in which the reservoir, or part thereof, is located.   History. Source: L. 1899: P. 316, § 6. R.S. 08: § 3210. C.L. § 1690. CSA: C. 90, § 88. CRS 53: § 147-5-10. C.R.S. 1963: § 148-5-10. L. 84: Entire section amended, p. 966, § 8, effective April 30. History. Source: L. 1899: P. 316, § 6. R.S. 08: § 3210. C.L. § 1690. CSA: C. 90, § 88. CRS 53: § 147-5-10. C.R.S. 1963: § 148-5-10. L. 84: Entire section amended, p. 966, § 8, effective April 30.    Cross references:   For the appointments and functions of water division engineers, see § 37-92-202 .
CO Code § 37-87-111 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-111. Expense of Examination

 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.R.S., for each mile actually and necessarily traveled in going to and from said reservoir, and, should the state engineer find upon examination that such reservoir is in an unsafe condition, the owners thereof shall be liable for all expenses incurred in such examination.   History. Source: L. 1899: P. 316, § 7. R.S. 08: § 3211. C.L. § 1691. CSA: C. 90, § 89. CRS 53: § 147-5-11. C.R.S. 1963: § 148-5-11. L. 71: P. 1308, § 3. L. 84: Entire section amended, p. 966, § 9, effective April 30. L. 90: Entire section amended, p. 1616, § 3, effective July 1. History. Source: L. 1899: P. 316, § 7. R.S. 08: § 3211. C.L. § 1691. CSA: C. 90, § 89. CRS 53: § 147-5-11. C.R.S. 1963: § 148-5-11. L. 71: P. 1308, § 3. L. 84: Entire section amended, p. 966, § 9, effective April 30. L. 90: Entire section amended, p. 1616, § 3, effective July 1.
CO Code § 37-87-112 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-112. Review of Action of State Engineer

 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 measures shall be taken immediately for the protection of the public safety, any such judicial proceeding shall be accelerated on the court's calendar and determined immediately upon the conclusion of such proceeding. The judgment and action of the state engineer shall control until judicial determination of the cause.   History. Source: L. 1899: P. 316, § 8. R.S. 08: § 3212. C.L. § 1692. CSA: C. 90, § 90. CRS 53: § 147-5-12. C.R.S. 1963: § 148-5-12. L. 64: P. 341, § 343. L. 84: Entire section R&RE, p. 967, § 10, effective April 30. History. Source: L. 1899: P. 316, § 8. R.S. 08: § 3212. C.L. § 1692. CSA: C. 90, § 90. CRS 53: § 147-5-12. C.R.S. 1963: § 148-5-12. L. 64: P. 341, § 343. L. 84: Entire section R&RE, p. 967, § 10, effective April 30.
CO Code § 37-87-114 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-114. Penalty - Disposition of Fines

  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 each offense, and each day's continuance after time of notice has expired shall be considered a separate offense. Such fines shall be recovered by civil action in the name of the people by the district attorney, upon the complaint of the state engineer, in the district court of the county where the injury complained of occurred. The proceeds of all fines, after payment of costs and charges of the proceedings, shall be paid into the county treasury for the use of the general fund of the county.    Upon the complaint of the state engineer, the attorney general is authorized to commence proceedings against any reservoir owner or operator for refusing, after notice in writing has been given, to obey the directions of the state engineer as to the construction or safe operation of any reservoir to secure compliance with any such reasonable direction necessary for public safety in the district court of the county wherein any portion of such reservoir is located, pursuant to the Colorado rules of civil procedure; except that, if it appears to the court that the public safety is in jeopardy as the result of a failure to obey the directions of the state engineer, the court shall expedite the proceedings so that determinations may be made with respect to the directions of the state engineer commencing not later than twenty days from the service of the complaint on the owner or operator of a reservoir.     History. Source: L. 1899: P. 317, § 10. R.S. 08: § 3214. C.L. § 1694. CSA: C. 90, § 92. CRS 53: § 147-5-14. C.R.S. 1963: § 148-5-14. L. 71: P. 1308, § 4. L. 84: Entire section amended, p. 967, § 11, effective April 30. L. 85: (2) amended, p. 1159, § 1, effective April 12. History. Source: L. 1899: P. 317, § 10. R.S. 08: § 3214. C.L. § 1694. CSA: C. 90, § 92. CRS 53: § 147-5-14. C.R.S. 1963: § 148-5-14. L. 71: P. 1308, § 4. L. 84: Entire section amended, p. 967, § 11, effective April 30. L. 85: (2) amended, p. 1159, § 1, effective April 12.
CO Code § 37-87-114.4 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-114.4. Annual Report

 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 preceding fiscal year. The report must include information on the following: Approvals of plans and specifications for construction of dams and reservoirs and for alterations, modifications, repairs, and enlargements; number of safety inspections made and the results thereof; use of appropriated funds; receipts generated for inspections of dams and reservoirs; rules and regulations adopted or amended; enforcement orders and proceedings; dam failures and reasons therefor; and other available data regarding the effectiveness of the state's dam and reservoir safety program.   History. Source: L. 84: Entire section added, p. 968, § 12, effective April 30. L. 85: Entire section amended, p. 1366, § 38, effective June 28. L. 2002: Entire section amended, p. 880, § 16, effective August 7. L. 2014: Entire section amended, (SB 14-026), ch. 4, p. 81, § 1, effective August 6. L. 2017: Entire section amended, (HB 17-1257), ch. 254, p. 1067, § 14, effective August 9.
CO Code § 37-87-114.5 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-114.5. Applicability of Provisions - Exemptions

  The provisions of sections 37-87-105 to 37-87-114 shall not apply to:   Structures not designed or operated for the purpose of storing water;    Mill tailings impoundment structures permitted under article 32 or 33 of title 34, C.R.S.;    Uranium mill tailings and liquid impoundment structures permitted under article 11 of title 25, C.R.S.; except that the state engineer shall render such consultation as necessary for the permitting of such structures;    Siltation structures permitted under article 33 of title 34, C.R.S.; or    Structures which store water only below the elevation of the natural surface of the ground.        History. Source: L. 84: Entire section added, p. 968, § 12, effective April 30.
CO Code § 37-87-115 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-115. Damages

 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 for any act done by him or for his failure to act in pursuance of the provisions of this article. In addition, the state engineer, any member of his staff, and any person appointed by him shall have the same immunity from liability as other public employees pursuant to the provisions of article 10 of title 24, C.R.S.   History. Source: L. 03: P. 264, § 7. R.S. 08: § 3221. C.L. § 1701. CSA: C. 90, § 99. CRS 53: § 147-5-21. C.R.S. 1963: § 148-5-21. L. 71: P. 1308, § 5. L. 86: Entire section amended, p. 1094, § 1, effective May 3. History. Source: L. 03: P. 264, § 7. R.S. 08: § 3221. C.L. § 1701. CSA: C. 90, § 99. CRS 53: § 147-5-21. C.R.S. 1963: § 148-5-21. L. 71: P. 1308, § 5. L. 86: Entire section amended, p. 1094, § 1, effective May 3.    ANNOTATION   Law reviews. For article, ”1986 Colorado Tort Reform Legislation“, see 15 Colo. Law. 1363 (1986). For article, ”The New Dam Safety and Dam Construction Regulations“, see 18 Colo. Law. 1097 (1989).