CO Code § 37-87-105 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 87 - Reservoirs|§ 37-87-105. Approval of Plans for Reservoir - Notice of Modification

  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 twenty acres or if the height of the dam will exceed ten feet measured vertically from the elevation of the lowest point of the natural surface of the ground, where that point occurs along the longitudinal centerline of the dam, up to the flowline crest of the spillway of the dam before plans and specifications for that dam have been filed in the office of the state engineer and approved by him in accordance with regulations established by the state engineer governing such structures.    Repealed.    In making his determination for approval, the state engineer shall be guided by dam, spillway, and construction regulations established pursuant to this article. Such regulations may include less stringent requirements than those dictated by consideration of probable maximum precipitation. The state engineer shall issue his written decision regarding the approval of plans and specifications within one hundred eighty days of submittal to him. The state engineer shall have authority to require the material used and the work of construction to be accomplished in accordance with regulations which the state engineer may establish. No work shall be deemed complete until the state engineer furnishes to the owners of such structures a written statement of acceptance, which statement shall specify the dimensions of such dam and capacity of such reservoir. The state engineer shall render his written decision regarding acceptance within sixty days of written notification by the owner that construction has been completed.    No alteration, modification, repair, or enlargement of a reservoir or dam which will affect the safety of the structure shall be made without prior written notice and approval in accordance with this section to the state engineer. General maintenance, ordinary repairs, or emergency actions not impairing safety shall be excluded from the terms of this subsection (4).     History. Source: L. 1899: P. 314, § 1. R.S. 08: § 3205. C.L. § 1685. L. 25: P. 330, § 1. CSA: C. 90, § 83. CRS 53: § 147-5-5. C.R.S. 1963: § 148-5-5. L. 77: Entire section amended, p. 1696, § 1, effective July 23. L. 79: Entire section amended, p. 1370, § 1, effective May 24. L. 83: Entire section amended, p. 1405, § 2, effective June 1. L. 84: (1), (3), and (4) amended and (2) repealed, pp. 964, 969, §§ 4, 13, effective April 30. History. Source: L. 1899: P. 314, § 1. R.S. 08: § 3205. C.L. § 1685. L. 25: P. 330, § 1. CSA: C. 90, § 83. CRS 53: § 147-5-5. C.R.S. 1963: § 148-5-5. L. 77: Entire section amended, p. 1696, § 1, effective July 23. L. 79: Entire section amended, p. 1370, § 1, effective May 24. L. 83: Entire section amended, p. 1405, § 2, effective June 1. L. 84: (1), (3), and (4) amended and (2) repealed, pp. 964, 969, §§ 4, 13, effective April 30.    ANNOTATION   Law reviews. For note, ”One Year Review of Civil Procedure“, see 41 Den. L. Ctr. J. 67 (1964). For article, ”Water for Oil Shale Development“, see 43 Den. L.J. 72 (1966). For article, ”Synthetic Fuels -- Policy and Regulation“, see 51 U. Colo. L. Rev. 465 (1980). For article, ”The Emerging Relationship Between Environmental Regulations and Colorado Water Law“, see 53 U. Colo. L. Rev. 597 (1982). For article, ”The New Dam Safety and Dam Construction Regulations“, see 18 Colo. Law. 1097 (1989).   Knowing the imminent danger attendant upon the storage of water, and to avoid, as far as it was possible for human agency to avoid, damages to the lower proprietors, the general assembly provided the scheme of protection found in this and the following sections. Garnet Ditch & Reservoir Co. v. Sampson, 48 Colo. 285 , 110 P. 79 (1910).   It only applies to reservoirs having certain capacity or dams having certain dimensions. Garnet Ditch & Reservoir Co. v. Sampson, 48 Colo. 285 , 110 P. 79 (1910).   The enactment of this section and the following sections did not repeal § 37-87-104 . Garnet Ditch & Reservoir Co. v. Sampson, 48 Colo. 285 , 110 P. 79 (1910).   By this section, dams of the dimensions mentioned are required to be under the supervision of the state engineer, and it becomes his duty to supervise the construction of reservoirs, and exercise a general supervision of them at all times, to the end that they may not overflow and that breakage or seepage may not occur. Garnet Ditch & Reservoir Co. v. Sampson, 48 Colo. 285 , 110 P. 79 (1910).   The state has such an interest in the construction of reservoirs as to justify the statutory provisions declaring what shall constitute proper construction, and when such a structure is deemed complete. Riverside Reservoir & Land Co. v. Green City Irrigation Dist., 59 Colo. 514 , 151 P. 443 (1915).   The provisions of this section are to be read into every contract for the construction or enlargement of a reservoir. Riverside Reservoir & Land Co. v. Green City Irrigation Dist., 59 Colo. 514 , 151 P. 443 (1915).   Doubtless, contracts may be entered into and enforced for the construction of a reservoir of such proportions, in such manner and of such materials as may be desired, but these must be limited by the provisions of this section, that where the reservoir is of or above specified dimensions, the plans and specifications must be first approved by the state engineer; that such public official shall be the consulting engineer during the construction; that he shall have authority to require the material used and the work of construction done to his satisfaction, and the reservoir may be regarded as completed only when he has accepted the same and has so certified to the owners. Riverside Reservoir & Land Co. v. Green City Irrigation Dist., 59 Colo. 514 , 151 P. 443 (1915).   One agreeing to take shares in a reservoir company, in consideration of the company's agreement to enlarge and complete its reservoir to a certain capacity, cannot be required to accept the shares, until it is made to appear that this section has been complied with. Riverside Reservoir & Land Co. v. Green City Irrigation Dist., 59 Colo. 514 , 151 P. 443 (1915).   In an action to recover for labor and materials, where the parties contracted for construction of reservoir, and neither party made an issue of the height or lawfulness of the dam, the trial court's finding that the dam was constructed without authorization in violation of this section was wholly voluntary, gratuitous, and immaterial, requiring reversal. Rippy v. Cowieson, 151 Colo. 504 , 379 P.2d 396 (1963).