reglab/housing_qa huggingface dataset:
CO Code § 37-84-125 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-125. Receipt of Too Much Water

 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, immediately to take steps to prevent his further receiving more water from such ditch, canal, or reservoir than the amount to which he is entitled. If knowingly he permits such extra water to come upon his land from such ditch, canal, or reservoir, and does not immediately notify the owners of such ditch or take steps to prevent its further flowing upon his land, he shall be liable to any person, company, or corporation who may be injured by such extra appropriation of water, for the actual damage sustained by the party aggrieved. The damages shall be adjudged to be paid, together with the costs of suit, and a reasonable attorney's fee to be fixed by the court and taxed with the costs.   History. Source: L. 1887: P. 312, § 2. R.S. 08: § 3261. C.L. § 1740. CSA: C. 90, § 138. CRS 53: § 147-7-26. C.R.S. 1963: § 148-7-25. History. Source: L. 1887: P. 312, § 2. R.S. 08: § 3261. C.L. § 1740. CSA: C. 90, § 138. CRS 53: § 147-7-26. C.R.S. 1963: § 148-7-25.    ANNOTATION   Purpose of provisions. Section 37-84-124 and this section are directed at prevention of diversions which exceed the decreed rate of diversion and are not intended to prohibit out-of-priority diversions. Southeastern Colo. Water Conservancy Dist. v. Rich, 625 P.2d 977 (Colo. 1981).   In an action for damages for being denied use of water in irrigation canal as result of alleged wrongful acts of named defendants, and for injunctive relief, wherein during the course of the trial plaintiffs tendered an amended complaint which included a request that attorneys' fees be assessed against defendants in addition to costs for the sole purpose of bringing the action under the provisions of this section, it was held that this section did not apply to the situation. Bicknell v. Vollmuth, 112 Colo. 207 , 147 P.2d 478 (1944).
CO Code § 37-85-101 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-101. ”Person“ Defined - Liability

 ”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 shall be liable to restore the unlawful consideration extorted and be punishable under the penal provisions of sections 37-85-108 to 37-85-111 , the same as if the thing done in disobedience to said provisions were done for his own sole benefit and advantage.   History. Source: L. 1887: P. 310, § 5. R.S. 08: § 3275. C.L. § 1751. CSA: C. 90, § 149. CRS 53: § 147-8-11. C.R.S. 1963: § 148-8-11. History. Source: L. 1887: P. 310, § 5. R.S. 08: § 3275. C.L. § 1751. CSA: C. 90, § 149. CRS 53: § 147-8-11. C.R.S. 1963: § 148-8-11.    ANNOTATION   Constitutional and statutory provisions not applicable to political subdivision. The language of § 8 of art. XVI, Colo. Const., and of this article, is not applicable to a political subdivision of the state of Colorado. Matthews v. Tri-County Water Conservancy Dist., 200 Colo. 202 , 613 P.2d 889 (1980).   Provisions applicable to private parties. The framers intended, and the general assembly understood, that § 8 of art. XVI, Colo. Const., was applicable only to private persons or corporations engaged in the business of storage, carriage, and sale of water for irrigation, mining, milling, manufacturing, or domestic purposes. Matthews v. Tri-County Water Conservancy Dist., 200 Colo. 202 , 613 P.2d 889 (1980).   Water conservancy districts not subject to county commissioners' jurisdiction. Water conservancy districts, when fixing rates for sale of water, are not subject to the jurisdiction of the boards of county commissioners. Matthews v. Tri-County Water Conservancy Dist., 200 Colo. 202 , 613 P.2d 889 (1980).   Applied in Talbott Farms, Inc. v. Bd. of County Comm'rs, 43 Colo. App. 131, 602 P.2d 886 (1979).
CO Code § 37-85-104 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-104. Commissioners to Appoint Day for Hearing

 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 compensation are or are likely to be charged or demanded for water from such ditch, canal, conduit, or reservoir, shall enter an order fixing a day not sooner than twenty days thereafter nor later than the third day of the next regular session of the board, when they will hear all parties interested in such ditch, or other waterworks, or parties interested in procuring water therefrom for any of the said uses, as well as all documentary or oral evidence or depositions, taken according to law, touching the said ditch or other work and the cost of furnishing water therefrom.   History. Source: L. 1887: P. 292, § 2. R.S. 08: § 3266. C.L. § 1743. CSA: C. 90, § 141. CRS 53: § 147-8-3. C.R.S. 1963: § 148-8-3. History. Source: L. 1887: P. 292, § 2. R.S. 08: § 3266. C.L. § 1743. CSA: C. 90, § 141. CRS 53: § 147-8-3. C.R.S. 1963: § 148-8-3.    Cross references:   For the taking of depositions, see C.R.C.P. 26 to 37.
CO Code § 37-85-105 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-105. Order Fixing Date of Hearing

  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 action in the matter of fixing such rates of compensation for the delivery of water; but the applicant, if the application is made by a party desirous of procuring water, within ten days from the time of entering the said order fixing the hearing, shall cause a copy of such order, duly certified, to be delivered to the owner of such ditch, canal, conduit, or reservoir, or to the president, secretary, or treasurer of the company, if it is owned by a corporation or association having such officers. If such owner cannot be found, a copy shall be left at his usual place of abode, with some person residing there over twelve years of age; and, if such officer of any corporation or association cannot be found, such copy shall be left at the usual place of business of the company of which he is such officer or at his residence if such company has no place of business; and, if such ditch or other work is owned by several owners not being an incorporated company, it shall be sufficient to serve notice by delivering copies to a majority of them.    If the applicant is the owner or party controlling such ditch, canal, conduit, or reservoir, such notice shall be given by causing printed copies of such order in handbill form, in conspicuous type, to be posted securely in ten or more public places throughout the district watered from such ditch, or other work, if the water is used for irrigation, and one copy shall be posted for every mile in length of such ditch; but, if such ditch, or other work, is for the supply of water for milling or mining, it shall be sufficient to serve such copy on the parties then taking water therefrom. The person making such service or posting such printed copies shall make affidavit of the manner in which the same has been done, which affidavit shall be filed with the said board of county commissioners.    Depositions mentioned in section 37-85-104, to be used before the board of county commissioners, shall be taken before any officer in the state authorized by law to take depositions, upon reasonable notice being given to the opposite party of the time and place of taking the same.     History. Source: L. 1887: P. 292, § 3. R.S. 08: § 3267. C.L. § 1744. CSA: C. 90, § 142. CRS 53: § 147-8-4. C.R.S. 1963: § 148-8-4. History. Source: L. 1887: P. 292, § 3. R.S. 08: § 3267. C.L. § 1744. CSA: C. 90, § 142. CRS 53: § 147-8-4. C.R.S. 1963: § 148-8-4.    ANNOTATION   Applied in McCracken v. Montezuma Water & Land Co., 25 Colo. App. 280, 137 P. 903 (1914).
CO Code § 37-85-107 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-107. False Swearing

 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 the first degree and, upon conviction thereof, shall be punished accordingly.   History. Source: L. 1887: P. 294, § 5. R.S. 08: § 3269. C.L. § 1746. CSA: C. 90, § 144. CRS 53: § 147-8-6. C.R.S. 1963: § 148-8-6. L. 72: P. 574, § 66. History. Source: L. 1887: P. 294, § 5. R.S. 08: § 3269. C.L. § 1746. CSA: C. 90, § 144. CRS 53: § 147-8-6. C.R.S. 1963: § 148-8-6. L. 72: P. 574, § 66.    Cross references:   For perjury in the first and second degree, see §§ 18-8-502 and 18-8-503 ; for the punishment therefor, see §§ 18-1.3-401 and 18-1.3-501 .
CO Code § 37-85-109 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-109. Penalty for Collecting Excessive Rate

 [ ] Every person owning or controlling, or claiming to own or control, any ditch, canal, or reservoir, who, after demand in writing made upon him for the supply or delivery of water for irrigation, mining, milling, or domestic purposes, to be delivered from the canal, ditch, or reservoir, owned, possessed, or controlled by him, and after tender of the lawful rate of compensation therefor in lawful money, shall demand, require, bargain for, accept, receive, or retain from the party making such application any money or other thing of value, or any promise or contract, or any valuable consideration whatever, as such royalty, bonus, or premium prerequisite or condition precedent, as is prohibited by section 37-85-108 , is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or by imprisonment in the county jail for not less than three months nor more than one year, or by both such fine and imprisonment.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 1887: P. 309, § 2. R.S. 08: § 3272. C.L. § 1748. CSA: C. 90, § 146. CRS 53: § 147-8-8. C.R.S. 1963: § 148-8-8. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 675, effective March 1, 2022. History. Source: L. 1887: P. 309, § 2. R.S. 08: § 3272. C.L. § 1748. CSA: C. 90, § 146. CRS 53: § 147-8-8. C.R.S. 1963: § 148-8-8. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 675, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   ANNOTATION   The carrier cannot charge a bonus for performing its duty. Northern Colo. Irrigation Co. v. Pouppirt, 22 Colo. App. 563, 127 P. 125 (1912).
CO Code § 37-85-109 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-109. Penalty for Collecting Excessive Rate

 [ ] 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, or reservoir, owned, possessed, or controlled by the person, and after tender of the lawful rate of compensation therefor in lawful money, shall demand, require, bargain for, accept, receive, or retain from the party making such application any money or other thing of value, or any promise or contract, or any valuable consideration whatever, as such royalty, bonus, or premium prerequisite or condition precedent, as is prohibited by section 37-85-108 , commits a class 2 misdemeanor.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 1887: P. 309, § 2. R.S. 08: § 3272. C.L. § 1748. CSA: C. 90, § 146. CRS 53: § 147-8-8. C.R.S. 1963: § 148-8-8. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 675, effective March 1, 2022. History. Source: L. 1887: P. 309, § 2. R.S. 08: § 3272. C.L. § 1748. CSA: C. 90, § 146. CRS 53: § 147-8-8. C.R.S. 1963: § 148-8-8. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 675, effective March 1, 2022.
CO Code § 37-85-110 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-110. Penalty for Refusal to Deliver Water

 [ ] 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 him for the supply or delivery of water for irrigation, mining, milling, or domestic purposes, to be delivered from the canal, ditch, or reservoir, owned, possessed, or controlled by him, and after tender of the lawful rate of compensation therefor in lawful money, refuses to furnish or carry and deliver from such ditch, canal, or reservoir any water so applied for, which water may be by use of reasonable diligence in that behalf and, within the carrying or storage capacity of such ditch, canal, or reservoir, be lawfully furnished and delivered without infringement of prior rights, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or by imprisonment in the county jail for not less than three months nor more than one year, or by both such fine and imprisonment.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 1887: P. 309, § 3. R.S. 08: § 3273. C.L. § 1749. CSA: C. 90, § 147. CRS 53: § 147-8-9. C.R.S. 1963: § 148-8-9. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3291, § 676, effective March 1, 2022. History. Source: L. 1887: P. 309, § 3. R.S. 08: § 3273. C.L. § 1749. CSA: C. 90, § 147. CRS 53: § 147-8-9. C.R.S. 1963: § 148-8-9. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3291, § 676, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   ANNOTATION   When a ditch company has water subject to its control, bona fide applicants are entitled to its use for irrigation purposes upon tender of the lawful rate for carriage and compliance with the reasonable rules of the carrier. Combs v. Agricultural Ditch Co., 17 Colo. 146 , 28 P. 966 (1892); City & County of Denver v. Brown, 56 Colo. 216 , 138 P. 44 (1914).
CO Code § 37-85-110 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-110. Penalty for Refusal to Deliver Water

 [ ] 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 purposes, to be delivered from the canal, ditch, or reservoir, owned, possessed, or controlled by the person, and after tender of the lawful rate of compensation therefor in lawful money, refuses to furnish or carry and deliver from such ditch, canal, or reservoir any water so applied for, which water may be by use of reasonable diligence in that behalf and, within the carrying or storage capacity of such ditch, canal, or reservoir, be lawfully furnished and delivered without infringement of prior rights commits a class 2 misdemeanor.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 1887: P. 309, § 3. R.S. 08: § 3273. C.L. § 1749. CSA: C. 90, § 147. CRS 53: § 147-8-9. C.R.S. 1963: § 148-8-9. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3291, § 676, effective March 1, 2022. History. Source: L. 1887: P. 309, § 3. R.S. 08: § 3273. C.L. § 1749. CSA: C. 90, § 147. CRS 53: § 147-8-9. C.R.S. 1963: § 148-8-9. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3291, § 676, effective March 1, 2022.
CO Code § 37-85-111 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 85 - Charge for Delivery of Water|§ 37-85-111. Action When Corporation Refuses to Deliver Water

 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, it is the duty of the attorney general, upon request of the board of county commissioners of the proper county or upon his or her otherwise receiving due notice thereof, to institute and prosecute to judgment and final determination proceedings in the nature of quo warranto for the forfeiture of the corporate rights, privileges, and franchises of any such corporation so offending or by mandamus or other proper proceedings to compel it to do its duty in that behalf.   History. Source: L. 1887: P. 310, § 4. R.S. 08: § 3274. C.L. § 1750. CSA: C. 90, § 148. CRS 53: § 147-8-10. C.R.S. 1963: § 148-8-10. L. 2016: Entire section amended, (HB 16-1094), ch. 94, p. 269, § 22, effective August 10. History. Source: L. 1887: P. 310, § 4. R.S. 08: § 3274. C.L. § 1750. CSA: C. 90, § 148. CRS 53: § 147-8-10. C.R.S. 1963: § 148-8-10. L. 2016: Entire section amended, (HB 16-1094), ch. 94, p. 269, § 22, effective August 10.
CO Code § 37-86-101 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 86 - Rights-of-Way and Ditches|§ 37-86-101. Sections Liberally Construed

 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.   History. Source: L. 19: P. 506, § 4. C.L. § 1632. CSA: C. 90, § 15. CRS 53: § 147-3-10. C.R.S. 1963: § 148-3-10. History. Source: L. 19: P. 506, § 4. C.L. § 1632. CSA: C. 90, § 15. CRS 53: § 147-3-10. C.R.S. 1963: § 148-3-10.
CO Code § 37-86-106 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 86 - Rights-of-Way and Ditches|§ 37-86-106. Shortest Route Must Be Taken

 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.   History. Source: L. 1881: P. 164, § 2. G.S. § 1717. R.S. 08: § 3171. C.L. § 1627. CSA: C. 90, § 10. CRS 53: § 147-3-5. C.R.S. 1963: § 148-3-5. L. 69: P. 1220, § 8. History. Source: L. 1881: P. 164, § 2. G.S. § 1717. R.S. 08: § 3171. C.L. § 1627. CSA: C. 90, § 10. CRS 53: § 147-3-5. C.R.S. 1963: § 148-3-5. L. 69: P. 1220, § 8.    ANNOTATION   Law reviews. For article, ”Revision of Water and Irrigation Statutes“, see 31 Dicta 29 (1954). For note, ”A Survey of Colorado Water Law“, see 47 Den. L.J. 226 (1970).   A plaintiff is under an obligation to ”select for the line of ditch through a defendant's property the shortest and most direct route practicable, upon which a ditch can be constructed with uniform or nearly uniform grade“. Mott v. Coleman, 132 Colo. 306 , 287 P.2d 655 (1955).   This section is no part of the eminent domain statute. Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167 , 161 P. 301 (1916).   The provisions of this section are not jurisdictional in proceedings to condemn a ditch right-of-way. Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167 , 161 P. 301 (1916).   The ditches under contemplation are such as only convey water to be used upon the land of the person constructing the ditch. Junction Creek & N. D. D. & I. Ditch Co. v. City of Durango, 21 Colo. 194 , 40 P. 356 (1895).   The necessity contemplated in this section does not mean an absolute one, but only a reasonable necessity. United States v. O'Neill, 198 F. 677 (D. Colo. 1912 ).   The necessity intended is to convey water through the lands of another, not the necessity for taking a particular route. Sand Creek Lateral Irrigation Co. v. Davis, 17 Colo. 326 , 29 P. 742 (1892); Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167 , 161 P. 301 (1916).   If the way sought for an irrigating ditch is not the shortest and most direct route practicable, the respondent should present the question in limine. Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167 , 161 P. 301 (1916).
CO Code § 37-86-108 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 86 - Rights-of-Way and Ditches|§ 37-86-108. Incorporation of Lateral Ditch Owners

 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 incorporators in said lateral, said incorporators to receive shares of stock in said corporation for their holdings, the corporation as organized has power, under the eminent domain laws of the state of Colorado, to condemn the interest in said lateral belonging to the owners of the remaining forty percent or less of the lands so served by the lateral.   History. Source: L. 19: P. 505, § 1. C.L. § 1629. CSA: C. 90, § 12. CRS 53: § 147-3-7. C.R.S. 1963: § 148-3-7. History. Source: L. 19: P. 505, § 1. C.L. § 1629. CSA: C. 90, § 12. CRS 53: § 147-3-7. C.R.S. 1963: § 148-3-7.    ANNOTATION   A lateral ditch is a branch ditch which has its headgate in the main ditch and not in a natural watercourse. New Multa Trina Ditch Co. v. Patch, 123 Colo. 444 , 230 P.2d 597 (1951).   Where the headgate of the ditch in question was located on the bank of a creek, not in a ditch bank, and a water right had been adjudicated to the ditch and a priority number of appropriation assigned thereto, the ditch was not a lateral ditch as the term is employed in irrigation usage and in this section. New Multa Trina Ditch Co. v. Patch, 123 Colo. 444 , 230 P.2d 597 (1951).
CO Code § 37-86-109 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 86 - Rights-of-Way and Ditches|§ 37-86-109. Consideration of Incorporation Benefits

 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 said corporation.   History. Source: L. 19: P. 505, § 2. C.L. § 1630. CSA: C. 90, § 13. CRS 53: § 147-3-8. C.R.S. 1963: § 148-3-8. History. Source: L. 19: P. 505, § 2. C.L. § 1630. CSA: C. 90, § 13. CRS 53: § 147-3-8. C.R.S. 1963: § 148-3-8.