reglab/housing_qa huggingface dataset:
CO Code § 37-81-103 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 81 - Diversion of Waters From State|§ 37-81-103. Effect of Apportionment Credits Upon Diversions of Water From State

  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 the transportation of such water into or through another state or states through which such interstate stream system flows, for use of such diverted water in such other state or states whether as a vehicle or medium for the transportation of another substance, or for any other use, unless the amount of water so diverted or appropriated and transported through or into such other state or states is credited as a delivery to such other state or states by Colorado, of water to which such other state or states may be or claim to be entitled from such interstate source under an existing interstate compact or otherwise. Water mixed with other substances in the process of forming a slurry for the purpose of transporting any substance as a suspended solid shall not be deemed to have lost its character as water.    The burden shall be upon the claimant or other person seeking to divert or appropriate water or seeking a water right based upon a claimed diversion or appropriation coming within the provisions of subsection (1) of this section to prove that a means exists and is accepted by each state, including Colorado, through which said stream system and said diverted water flows or will flow by which the credit required in this section will be entered and recognized by each such state.    This article shall not be applicable to water contained in agricultural crops, animal and dairy products, beverages, or processed or manufactured products or to products transported in cans, bottles, packages, kegs, or barrels.     History. Source: L. 77: Entire section added, p. 1694, § 1, effective July 15. L. 83: Entire section R&RE, p. 1412, § 3, effective June 3.    ANNOTATION   Law reviews. For comment, ”Do State Restrictions on Water Used by Slurry Pipelines Violate the Commerce Clause?“, see 53 U. Colo. L. Rev. 655 (1982). For article, ”Water Export“, see 13 Colo. Law. 1004 (1984).
CO Code § 37-81-104 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 81 - Diversion of Waters From State|§ 37-81-104. Fee for Diversion - Fund Created

     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 state measured at the point of release from storage or at the point of diversion.    Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (1), the state engineer by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state engineer by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.       All moneys collected pursuant to subsection (1) of this section shall be credited to the water diversion fund, which fund is hereby created. The general assembly shall annually appropriate all moneys in said fund for water projects for the state. Said appropriation shall be consistent with part 13 of article 3 of title 2, C.R.S.     History. Source: L. 85: Entire section added, p. 287, § 6, effective May 23. L. 98: (1) amended, p. 1343, § 69, effective June 1.
CO Code § 37-82-103 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 82 - Appropriation and Use of Water|§ 37-82-103. Appropriation of Natural Springs

 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 fix the rights of appropriators from such springs among themselves.   History. Source: L. 17: P. 541, § 1. C.L. § 1638. CSA: C. 90, § 21. CRS 53: § 147-2-3. C.R.S. 1963: § 148-2-3. L. 69: P. 1219, § 3. History. Source: L. 17: P. 541, § 1. C.L. § 1638. CSA: C. 90, § 21. CRS 53: § 147-2-3. C.R.S. 1963: § 148-2-3. L. 69: P. 1219, § 3.    ANNOTATION   Law reviews. For article, ”Who Has the Better Right to Nontributary Ground Waters In Colorado -- Landowner or Appropriator?“, see 31 Dicta 20 (1954). For article, ”Water for Recreation: A Plea for Recognition“, see 44 Den. L.J. 288 (1967).   Annotator's note. A relevant case decided prior to the earliest source of this section has been included in the annotations to this section.   This and the following section permit the use of water and the securing of rights-of-way, and they are in no sense prohibitive. Schneider v. Schneider, 36 Colo. 518 , 86 P. 347 (1906).   The true test of the appropriation of water is the successful application thereof to the beneficial use designed, and the method of distributing or carrying the same, or making such application, is immaterial. Town of Genoa v. Westfall, 141 Colo. 533 , 349 P.2d 370 (1960).   These sections have no application to a proceeding to condemn a right-of-way for a ditch to carry waste and surplus water from the end of a ditch on another's land. Schneider v. Schneider, 36 Colo. 518 , 86 P. 347 (1906).   This section confers upon a landowner no right of appropriation for surface drainage waters arising from the irrigation of adjoining lands. Lomas v. Webster, 109 Colo. 107 , 122 P.2d 248 (1942).
CO Code § 37-82-104 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 82 - Appropriation and Use of Water|§ 37-82-104. Not to Impair Vested Rights

 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 decree of court or the statutes limiting the time wherein appropriators must appear for determination of priorities of right for diversions from natural streams or the decisions of the courts construing the statutes.   History. Source: L. 17: P. 542, § 2. C.L. § 1639. CSA: C. 90, § 22. CRS 53: § 147-2-4. C.R.S. 1963: § 148-2-4. History. Source: L. 17: P. 542, § 2. C.L. § 1639. CSA: C. 90, § 22. CRS 53: § 147-2-4. C.R.S. 1963: § 148-2-4.    ANNOTATION   The rights of senior appropriators cannot be injuriously affected by claims of junior claimants. In re Water Dist. No. 11, Water Div. No. 2, 178 Colo. 160 , 496 P.2d 311 (1972).
CO Code § 37-82-105 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 82 - Appropriation and Use of Water|§ 37-82-105. Interference With Flow - Damages

 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 party to the amount of such injury.   History. Source: L. 17: P. 542, § 3. C.L. § 1640. CSA: C. 90, § 23. CRS 53: § 147-2-5. C.R.S. 1963: § 148-2-5. History. Source: L. 17: P. 542, § 3. C.L. § 1640. CSA: C. 90, § 23. CRS 53: § 147-2-5. C.R.S. 1963: § 148-2-5.    ANNOTATION   Law reviews. For article, ”The Emerging Relationship Between Environmental Regulations and Colorado Water Law“, see 53 U. Colo. L. Rev. 597 (1982).
CO Code § 37-83-101 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 83 - Exchange of Water|§ 37-83-101. Transfer From One Stream to Another

 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.   History. Source: L. 1897: P. 176, § 1. R.S. 08: § 3222. C.L. § 1702. CSA: C. 90, § 100. CRS 53: § 147-6-1. C.R.S. 1963: § 148-6-1. History. Source: L. 1897: P. 176, § 1. R.S. 08: § 3222. C.L. § 1702. CSA: C. 90, § 100. CRS 53: § 147-6-1. C.R.S. 1963: § 148-6-1.    ANNOTATION   Law reviews. For article,”Foreign Water in Colorado -- The City's Right to Recapture and Re-Use Its Transmountain Diversion“, see 42 Den. L. Ctr. J. 116 (1965). For article, ”The Emerging Relationship Between Environmental Regulations and Colorado Water Law“, see 53 U. Colo. L. Rev. 597 (1982).   This and the following sections are only remedial. Ashenfelter v. Carpenter, 37 Colo. 534 , 87 P. 800 (1906); Gutshall v. Carpenter, 37 Colo. 536 , 87 P. 801 (1906).   This section permitting any person or company to divert water from one public stream and turn it into another public stream, and take out the same amount of water again, is a solemn declaration that these are public streams. Hartman v. Tresise, 36 Colo. 146 , 84 P. 685 (1906).   An appropriator of water may change the point of diversion, provided the rights of others are not injuriously affected thereby, and the fact that the appropriator has made such change does not settle the question of whether or not other appropriators are thereby injuriously affected, that question cannot be said to be authoritatively settled until judicially determined. New Cache la Poudre Irrigating Co. v. Arthur Irrigation Co., 37 Colo. 530 , 87 P. 799 (1906).
CO Code § 37-83-102 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 83 - Exchange of Water|§ 37-83-102. Maintenance of Measuring Devices

 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 turned into another and also at the point where it is finally diverted for use from the public stream.   History. Source: L. 1897: P. 176, § 2. R.S. 08: § 3223. C.L. § 1703. CSA: C. 90, § 101. CRS 53: § 147-6-2. C.R.S. 1963: § 148-6-2. History. Source: L. 1897: P. 176, § 2. R.S. 08: § 3223. C.L. § 1703. CSA: C. 90, § 101. CRS 53: § 147-6-2. C.R.S. 1963: § 148-6-2.
CO Code § 37-83-103 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 83 - Exchange of Water|§ 37-83-103. Division Engineer to Keep Record

 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.   History. 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. 1963: § 148-6-3. History. 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. 1963: § 148-6-3.
CO Code § 37-83-104 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 83 - Exchange of Water|§ 37-83-104. Reservoirs and Ditches May Exchange

 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 an equal amount of water, less a reasonable deduction for loss, if any there be, to be determined by the state engineer. The person or company desiring such exchange shall be 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 is turned into the stream or ditch taking the same or as near such point as is practicable so that the division engineer may readily determine and secure the just and equitable exchange of water.   History. Source: L. 1897: P. 177, § 4. R.S. 08: § 3225. C.L. § 1705. CSA: C. 90, § 103. CRS 53: § 147-6-4. C.R.S. 1963: § 148-6-4. History. Source: L. 1897: P. 177, § 4. R.S. 08: § 3225. C.L. § 1705. CSA: C. 90, § 103. CRS 53: § 147-6-4. C.R.S. 1963: § 148-6-4.    ANNOTATION   ”Owe the river“ accounting method was insufficient to effectuate an exchange of waters to the extent that Denver took water from the South Platte before notifying either the division or state engineer that a corresponding release would be required and was available. In order for the division and state engineers to effectively exercise their discretion in administering water rights so as to protect the rights of downstream senior appropriators, the engineers must be notified in advance of a diversion that might affect those rights. City of Denver v. City of Englewood, 826 P.2d 1266 (Colo. 1992).   Nothing in statute mandates that water diverted by exchange must take on the ”character“ of the substitute supply. Although the ”character of exchange“ rule has emerged as an unofficial, permissive practice recognized by the state engineer, it does not appear in statute nor has it been expressly applied in case law or its scope defined. Therefore, the court declined to hold that the character of exchange concept functions as a mandatory rule that rigidly applies to all exchange operations. Concern. App. Water Rights City County Denv., 2019 CO 68, 444 P.3d 278.
CO Code § 37-83-106 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 83 - Exchange of Water|§ 37-83-106. Authority of Political Subdivisions to Lease or Exchange Water

 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 construction or use of waterworks within or outside of district boundaries, according to such terms as such district and political subdivision agree upon. Conservation districts, conservancy districts, and other political subdivisions of the state may enter into agreements with each other to provide funds or undertake measures to carry out section 37-45-118 (1)(b)(II) , including agreements for the exchange or lease of such water outside the boundaries of the conservation or conservancy district. Such leases and exchanges may cover the time period necessary to amortize, or repay bonds issued for, the cost of constructing the waterworks involved, and may be renewable according to such terms as such district and political subdivision may agree upon. Any water rights leased or exchanged under this section shall be only for the time certain contained in each such agreement or extension thereof. Any water rights or changes of water rights which are necessary to implement such agreements shall be adjudicated as provided by law. If mutually agreeable, districts and other political subdivisions may submit any contractual disputes arising under this section between them to nonbinding arbitration, as they may determine.   History. Source: L. 89: Entire section added, p. 1420, § 1, effective April 12. L. 2001: Entire section amended, p. 1278, § 50, effective June 5.    ANNOTATION   This section allows water conservancy districts to enter into cooperative agreements with other political subdivisions for the lease or exchange of water outside of district boundaries under regulated conditions. However, it allows extra-district use only in specified situations, and the ultimate authority to approve such transactions rests with the water conservancy district. City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996).   The northern Colorado water conservancy district (NCWCD) enacted rules and regulations to implement the limitations placed on the distribution of Colorado-Big Thompson (CBT) water by the Water Conservancy Act and the 1938 repayment contract between the United States and the NCWCD for the construction of the CBT project. The Water Conservancy Act, the repayment contract, and the rules enacted by the NCWCD all prohibited use of CBT water outside the boundaries of the NCWCD boundaries. City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996).
CO Code § 37-84-102 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-102. Vested Rights Not Impaired

 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.   History. Source: R.S. P. 364, § 8. G.L. § 1379. G.S. § 1729. R.S. 08: § 3234. C.L. § 1714. CSA: C. 90, § 112. CRS 53: § 147-7-2. C.R.S. 1963: § 148-7-2. History. Source: R.S. P. 364, § 8. G.L. § 1379. G.S. § 1729. R.S. 08: § 3234. C.L. § 1714. CSA: C. 90, § 112. CRS 53: § 147-7-2. C.R.S. 1963: § 148-7-2.    ANNOTATION   Where the ditch company distributed water to its stockholders in proportion to the number of shares owned by them respectively, there was nothing indicating that such mode of distribution in any way conflicted with the ”better right“ of prior appropriators. Combs v. Agricultural Ditch Co., 17 Colo. 146 , 28 P. 966 (1892); Oppenlander v. Left Hand Ditch Co., 18 Colo. 142 , 31 P. 854 (1892).
CO Code § 37-84-103 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-103. Bridge When Ditch Crosses Highway

  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 jurisdiction over such public highway, public traveled road, street, or alley.    Any person, partnership, association, or corporation desiring to have such a bridge constructed shall bear the cost of construction and enter into an agreement with the unit of government having such jurisdiction. Payment for such construction shall be made before construction begins.     History. Source: R.S. P. 364, § 10. G.L. § 1381. G.S. § 1730. R.S. 08: § 3235. C.L. § 1715. CSA: C. 90, § 113. CRS 53: § 147-7-3. C.R.S. 1963: § 148-7-3. L. 81: Entire section R&RE, p. 1775, § 1, effective July 1. History. Source: R.S. P. 364, § 10. G.L. § 1381. G.S. § 1730. R.S. 08: § 3235. C.L. § 1715. CSA: C. 90, § 113. CRS 53: § 147-7-3. C.R.S. 1963: § 148-7-3. L. 81: Entire section R&RE, p. 1775, § 1, effective July 1.
CO Code § 37-84-106 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-106. Bridges Over Ditch - Maintenance

 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.   History. Source: L. 13: P. 150, § 1. C.L. § 1718. CSA: C. 90, § 116. CRS 53: § 147-7-6. C.R.S. 1963: § 148-7-6. History. Source: L. 13: P. 150, § 1. C.L. § 1718. CSA: C. 90, § 116. CRS 53: § 147-7-6. C.R.S. 1963: § 148-7-6.    ANNOTATION   Law reviews. For article, ”Cities and Ditch Companies: Can They Live Together? -- Part II“, see 16 Colo. Law. 996 (1987).
CO Code § 37-84-107 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-107. Owner of Ditch Must Prevent Waste

 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.   History. 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. 1963: § 148-7-7. History. 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. 1963: § 148-7-7.    Cross references:   For requirement of keeping ditch in repair, see § 7-42-108 .   ANNOTATION   Law reviews. For note, ”A Survey of Colorado Water Law“, see 47 Den. L.J. 226 (1970). For comment, ”Maximum Utilization Collides With Prior Appropriation in A-B Cattle Co. v. United States“, see 57 Den. L.J. 103 (1979).   This section imposes a duty upon owners. Greeley Irrigating Co. v. House, 14 Colo. 549 , 24 P. 329 (1890).   Under this section defendants are responsible for any damage occasioned to plaintiff's property by reason of their failure or neglect to keep the ditch in a state of preservation and repair, and to so maintain and manage the ditch as to prevent injury to plaintiff's property while they so use and control the same. Greeley Irrigating Co. v. House, 14 Colo. 549 , 24 P. 329 (1890).
CO Code § 37-84-108 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-108. Running Excess of Water Forbidden

  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.    A person using an irrigating ditch or ditch system may use a tail ditch to return water to the stream in variable amounts as necessary to facilitate efficient operation of the ditch and delivery of water to persons served by the ditch or ditch system. The state engineer shall not require the delivery of any minimum amount of such water, except as required by court decree. Nothing in this section limits the state engineer's authority to administer water rights to prevent waste.     History. Source: L. 1876: P. 78, § 2. G.L. § 1386. G.S. § 1734. R.S. 08: § 3239. C.L. § 1720. CSA: C. 90, § 118. CRS 53: § 147-7-8. C.R.S. 1963: § 148-7-8. L. 2015: Entire section amended,(SB 15-055), ch. 54, p. 131, § 1, effective August 5. History. Source: L. 1876: P. 78, § 2. G.L. § 1386. G.S. § 1734. R.S. 08: § 3239. C.L. § 1720. CSA: C. 90, § 118. CRS 53: § 147-7-8. C.R.S. 1963: § 148-7-8. L. 2015: Entire section amended,(SB 15-055), ch. 54, p. 131, § 1, effective August 5.    ANNOTATION   Law reviews. For note, ”A Survey of Colorado Water Law“, see 47 Den. L.J. 226 (1970).   ”Waste water“ and ”water which is being wasted“ are entirely different things. Baumgartner v. Stremel, 178 Colo. 209 , 496 P.2d 705 (1972).   A contract between a ditch company and landowner whereby the company agrees to furnish water to the landowner to irrigate a certain described tract of land, and which restricts the use of the water to the land specified, and limits the amount and time of its use to what is necessary and requisite for the purpose of irrigating the land specified, is not unreasonable and against public policy, but is valid and may be enforced against the landowner. Wright v. Platte Valley Irrigation Co., 27 Colo. 322 , 61 P. 603 (1900).   Such a contract is intended to prevent the waste of water or a use of the same in excess of the necessities of the particular piece of land specified, and is directly in line with the policy of this section. Wright v. Platte Valley Irrigation Co., 27 Colo. 322 , 61 P. 603 (1900).
CO Code § 37-84-109 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-109. Penalty for Violation of Sections

 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 state of Colorado.   History. Source: L. 1876: P. 78, § 3. G.L. § 1387. G.S. § 1735. R.S. 08: § 3240. C.L. § 1721. CSA: C. 90, § 119. CRS 53: § 147-7-9. C.R.S. 1963: § 148-7-9. History. Source: L. 1876: P. 78, § 3. G.L. § 1387. G.S. § 1735. R.S. 08: § 3240. C.L. § 1721. CSA: C. 90, § 119. CRS 53: § 147-7-9. C.R.S. 1963: § 148-7-9.