reglab/housing_qa huggingface dataset:
CO Code § 37-84-110 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-110. Head of Ditch to Be Latticed

 Every corporation and company, whether created by special act or organized under the general incorporation laws of this state, and every partnership or any persons who own or control any canal or ditch, or any part thereof, being two feet in width or over and carrying water to the depth of twelve inches or over, which canal or ditch, or any part thereof, is within the corporate limits of any city with a population of seventy thousand or more or any city existing by special charter of a population equal to or exceeding seventy thousand, or any of the additions thereto, at their own expense, shall safely and securely lattice or slat the head of any flume or covering of the canal or ditch with proper materials, so that persons or animals cannot accidentally enter such flume or covering at the head thereof and pass or be carried down the current of the canal or ditch, and they shall thereafter maintain and keep the same in good order and repair at their own cost and expense.   History. Source: L. 1887: P. 66, § 2. R.S. 08: § 3242. C.L. § 1723. CSA: C. 90, § 121. CRS 53: § 147-7-11. C.R.S. 1963: § 148-7-10. L. 72: P. 621, § 166. History. Source: L. 1887: P. 66, § 2. R.S. 08: § 3242. C.L. § 1723. CSA: C. 90, § 121. CRS 53: § 147-7-11. C.R.S. 1963: § 148-7-10. L. 72: P. 621, § 166.    ANNOTATION   This section is constitutional. Platte & Denver Canal & Milling Co. v. Dowell, 17 Colo. 376 , 30 P. 68 (1892).   This section is general and applies to all canals of the dimensions specified, and there is nothing upon its face to indicate that the members of the general assembly thought at the time of its enactment of any particular canal. Platte & Denver Canal & Milling Co. v. Dowell, 17 Colo. 376 , 30 P. 68 (1892).   This section does not forbid or attempt to interfere with the use of a canal in carrying on appellant's business, and it does not undertake to deprive appellant of its property or the enjoyment thereof, because appellant can without injury to the usefulness of the canal so maintain it as not to endanger the safety of life and property; and, as already in effect suggested, it has no constitutional right to perpetuate this danger. Platte & Denver Canal & Milling Co. v. Dowell, 17 Colo. 376 , 30 P. 68 (1892).   The failure of appellant to perform its statutory duty was negligence per se, and no contributory negligence being shown, appellees were entitled to recover. Platte & Denver Canal & Milling Co. v. Dowell, 17 Colo. 376 , 30 P. 68 (1892).   Applied in Montoya v. Bessemer Irrigating Ditch Co., 42 Colo. App. 238, 592 P.2d 24 (1979).
CO Code § 37-84-111 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-111. Penalty for Failure to Cover and Lattice

 If any such corporation, company, partnership, or person fails or refuses to comply with any of the provisions of section 37-84-110 , such corporation, company, partnership, or person shall forfeit and pay the sum of fifty dollars for each day such failure or refusal continues, to be recovered by a civil action in the name of the people of the state of Colorado, in any court of competent jurisdiction. Nothing in this section and section 37-84-110 shall be construed to bar an action for special damages by any person who has suffered such damages by reason of any failure to comply with said sections.   History. Source: L. 1887: P. 66, § 3. R.S. 08: § 3243. C.L. § 1724. CSA: C. 90, § 122. CRS 53: § 147-7-12. C.R.S. 1963: § 148-7-11. History. Source: L. 1887: P. 66, § 3. R.S. 08: § 3243. C.L. § 1724. CSA: C. 90, § 122. CRS 53: § 147-7-12. C.R.S. 1963: § 148-7-11.
CO Code § 37-84-113 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-113. Measuring Flumes - Construction

 The owners of any irrigation ditch, canal, or reservoir, transferring water from one natural stream to another, or from a reservoir, ditch, or flume to a stream in order that said water may be diverted from such stream for irrigation or any other purpose, shall construct suitable and proper measuring flumes or weirs, equipped with self-registering devices if required by the state engineer, for the proper and accurate determination of the amount and flow of water turned into, carried through, and diverted out of said natural stream. If the owners of any such irrigation ditch, canal, or reservoir fail or neglect, upon five days' previous notice in writing duly served upon them or their agent or employee, to erect, maintain, or repair such measuring flume, weir, or device, the state engineer or division engineer shall refuse to allow to be taken or diverted from any stream any water whatever on account of delivery of water to such stream, for such time and until such owners cause to be erected or repaired such flumes, weirs, or devices, at the point of delivery to and taking from said natural streams so used as a conduit.   History. Source: L. 01: P. 194, § 2. R.S. 08: § 3249. L. 11: P. 464, § 2. C.L. § 1728. CSA: C. 90, § 126. CRS 53: § 147-7-14. C.R.S. 1963: § 148-7-13. History. Source: L. 01: P. 194, § 2. R.S. 08: § 3249. L. 11: P. 464, § 2. C.L. § 1728. CSA: C. 90, § 126. CRS 53: § 147-7-14. C.R.S. 1963: § 148-7-13.    ANNOTATION   No authority is presented purporting to support the proposition that the defendant should be required to install a measuring device to determine the amount of water which runs in a ditch in which he claims no interest, the statute places this responsibility upon the owners of the ditch. Georges v. Vahldick, 161 Colo. 278 , 421 P.2d 471 (1966).   While this section implicitly acknowledges that a natural stream may be used as a conduit, the statute implies nothing about relief from the legal obligation to adjudicate a change of water right imposed by § 37-92-302 , but merely mandates the measurement of any water carried through and diverted out of such a natural stream. Trail's End Ranch, L.L.C. v. Colo. Div. of Water Res., 91 P.3d 1058 (Colo. 2004).
CO Code § 37-84-114 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-114. Rating of Flumes and Weirs

 The state engineer or division engineer shall rate the measuring flume and weirs referred to in sections 37-84-112 to 37-84-117 , and the original notes of such rating, together with a complete table compiled therefrom, shall be filed as a part of the records of the office of the state engineer, and the state engineer shall supply the division engineer of the division in which such measuring flumes or weirs are located with a copy of such rating table, which shall be used by him in measuring water flowing to and from such natural stream.   History. Source: L. 01: P. 194, § 3. R.S. 08: § 3250. L. 11: P. 465, § 3. C.L. § 1729. CSA: C. 90, § 127. CRS 53: § 147-7-15. C.R.S. 1963: § 148-7-14. L. 69: P. 1221, § 10. History. Source: L. 01: P. 194, § 3. R.S. 08: § 3250. L. 11: P. 465, § 3. C.L. § 1729. CSA: C. 90, § 127. CRS 53: § 147-7-15. C.R.S. 1963: § 148-7-14. L. 69: P. 1221, § 10.
CO Code § 37-84-115 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-115. Gauge Rods

 A gauge rod, marked in feet and tenths and one-hundredths of a foot, shall be permanently fixed and maintained at the outlets of all reservoirs, under the supervision of the division engineer, and if any owner or possessor of any reservoir fails or refuses to provide, fix, and maintain such gauge rod then the owner or possessor of such reservoir shall not be entitled to impound any water whatever in said reservoirs until the provisions of this section are fully complied with. Notwithstanding the foregoing the division engineer may determine that such rod is not necessary with respect to specific reservoirs. Such determination shall be in writing and may be rescinded in writing at any time.   History. Source: L. 01: P. 194, § 4. R.S. 08: § 3251. L. 11: P. 465, § 4. C.L. § 1730. CSA: C. 90, § 128. CRS 53: § 147-7-16. C.R.S. 1963: § 148-7-15. L. 69: P. 1221, § 11. History. Source: L. 01: P. 194, § 4. R.S. 08: § 3251. L. 11: P. 465, § 4. C.L. § 1730. CSA: C. 90, § 128. CRS 53: § 147-7-16. C.R.S. 1963: § 148-7-15. L. 69: P. 1221, § 11.
CO Code § 37-84-116 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-116. Control of Headgates and Weirs

 All headgates, measuring weirs, flumes, and devices used in connection with canals, flumes, and ditches or reservoirs for the measuring and delivering of waters therefrom and thereto shall be under the supervision and control at all times of the state engineer and the division engineer of the water division wherein such headgates, measuring weirs, flumes, and devices are located. Nothing in sections 37-84-112 to 37-84-117 shall be construed as prohibiting any water user in the state of Colorado or his appointed agent from reading any gauge, gauge rod, or measuring device or from determining the quantity of water diverted by any canal or impounded in or delivered from any reservoir, and it is here declared the intent and purpose of sections 37-84-112 to 37-84-117 to give any water user of Colorado or his appointed agent the right of ascertaining the quantity of water being diverted by any canal or impounded in or delivered from any reservoir without his being required to assign any reason for making such observations. Noncompliance with the provisions of sections 37-84-112 to 37-84-117 shall, during such noncompliance, forfeit the right to divert water into any canal or to impound water in or deliver water from any reservoir.   History. Source: L. 01: P. 195, § 5. R.S. 08: § 3252. L. 11: P. 466, § 5. L. 15: § 290, § 1. C.L. § 1731. CSA: C. 90, § 129. CRS 53: § 147-7-17. C.R.S. 1963: § 148-7-16. L. 69: P. 1221, § 12. History. Source: L. 01: P. 195, § 5. R.S. 08: § 3252. L. 11: P. 466, § 5. L. 15: § 290, § 1. C.L. § 1731. CSA: C. 90, § 129. CRS 53: § 147-7-17. C.R.S. 1963: § 148-7-16. L. 69: P. 1221, § 12.
CO Code § 37-84-118 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-118. Ditch Owners to Provide Flow - When

 Every person or company owning or controlling any canal or ditch used for the purposes of irrigation and carrying water for pay, when demanded by the users from April 1 until November 1 in each year, shall keep a flow of water therein, so far as may be reasonably practicable for the purpose of irrigation, sufficient to meet the requirements of all such persons as are properly entitled to the use of water therefrom, to the extent, if necessary, to which such person may be entitled to water and no more. Whenever the rivers or public streams or sources from which the water is obtained are not sufficiently free from ice, or the volume of water therein is too low and inadequate for that purpose, then such canal or ditch shall be kept with as full a flow of water therein as may be practicable, subject, however, to the rights of priorities from the streams or other sources, as provided by law, and the necessity of cleaning, repairing, and maintaining the same in good condition.   History. Source: L. 1887: P. 304, § 1. L. 1893: P. 299, § 1. R.S. 08: § 3254. C.L. § 1733. CSA: C. 90, § 131. CRS 53: § 147-7-19. C.R.S. 1963: § 148-7-18. History. Source: L. 1887: P. 304, § 1. L. 1893: P. 299, § 1. R.S. 08: § 3254. C.L. § 1733. CSA: C. 90, § 131. CRS 53: § 147-7-19. C.R.S. 1963: § 148-7-18.    ANNOTATION   Law reviews. For article, ”Revision of Water and Irrigation Statutes“, see 31 Dicta 29 (1954).   This section provides at what time water shall be kept flowing in ditches. White v. Farmers' Highline Canal & Reservoir Co., 22 Colo. 191 , 43 P. 1028 (1896).   This section provides that the distribution of water for irrigation shall be under the control of the ditch company, acting through a superintendent, whose duties are prescribed. White v. Farmers' Highline Canal & Reservoir Co., 22 Colo. 191 , 43 P. 1028 (1896).   This section does not authorize a company to arbitrarily refuse to deliver water at all. Downey v. Twin Lakes Land & Water Co., 41 Colo. 385 , 92 P. 946 (1907).   A provision in a water right contract between a ditch company and a consumer, to the effect that if the company should at any time refuse to furnish the water, the consumer might take it himself, is void. White v. Farmers' Highline Canal & Reservoir Co., 22 Colo. 191 , 43 P. 1028 (1896).   This and the following sections do not affect the right of plaintiff to receive whatever water he may justly be entitled to under his contract but where, as here, there is a controversy as to the amount of such water available for his use, he must bring his action to determine such right, and in no event can he be allowed to ignore the company's superintendent and its reasonable regulations, and in violation of the act enlarge the outlet to his lateral ditch and take water from the company's ditch at will. White v. Farmers' Highline Canal & Reservoir Co., 22 Colo. 191 , 43 P. 1028 (1896).
CO Code § 37-84-119 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-119. Ditches to Be Kept in Repair

 The owners, or persons in control, of any canal or ditch used for irrigating purposes shall maintain the same in good order and repair, ready to receive water by April 1 in each year, so far as can be accomplished by the exercise of reasonable care and diligence, and shall construct the necessary outlets in the banks of the canal or ditch for a proper delivery of the water to persons having paid-up shares or who have rights to the use of water. A multiplicity of outlets in the canal or ditch shall at all times be avoided, so far as the same shall be reasonably practicable, and the location of the same shall be under the control of and shall be at the most convenient and practicable points consistent with the protection and safety of the ditch for the distribution of water among the various claimants thereof; and such location shall be under the control of a superintendent.   History. Source: L. 1887: P. 305, § 2. R.S. 08: § 3255. C.L. § 1734. CSA: C. 90, § 132. CRS 53: § 147-7-20. C.R.S. 1963: § 148-7-19. History. Source: L. 1887: P. 305, § 2. R.S. 08: § 3255. C.L. § 1734. CSA: C. 90, § 132. CRS 53: § 147-7-20. C.R.S. 1963: § 148-7-19.    Cross references:   For requirement of keeping ditch in repair, see § 7-42-108 .   ANNOTATION   Law reviews. For article, ”Revision of Water and Irrigation Statutes“, see 31 Dicta 29 (1954).   Under this section it is the duty of the ditch company to furnish headgates for those having a right to use the water. Downey v. Twin Lakes Land & Water Co. 41 Colo. 385 ,92 P. 946 (1907).   Where a person acquired a half of an 80-acre water right, and his land was lying nearer the headgate of the main canal than any of the land which had theretofore been irrigated with water obtained upon this right and could not be irrigated by water taken from the main canal through any existing headgate, it was held, that he was entitled to a headgate over the objection that a multiplicity of headgates weakened the canal and increased the expense of maintaining it. Downey v. Twin Lakes Land & Water Co., 41 Colo. 385 , 92 P. 946 (1907).   Where it is practicable for two or more consumers to draw water from a canal for the irrigation of their lands through one headgate, that may be done, but where a water consumer cannot thus obtain water, he is entitled, under this section, to compel a water company to construct a necessary headgate at the expense of the water consumer. Downey v. Twin Lakes Land & Water Co., 41 Colo. 385 , 92 P. 946 (1907).
CO Code § 37-84-120 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-120. Measurement of Water

 It is the duty of those owning or controlling such canals or ditches to appoint a superintendent, whose duty it is to measure the water from such canal or ditch through the outlets to those entitled thereto, each according to his pro rata share.   History. Source: L. 1887: P. 305, § 3. R.S. 08: § 3256. C.L. § 1735. CSA: C. 90, § 133. CRS 53: § 147-7-21. C.R.S. 1963: § 148-7-20. History. Source: L. 1887: P. 305, § 3. R.S. 08: § 3256. C.L. § 1735. CSA: C. 90, § 133. CRS 53: § 147-7-21. C.R.S. 1963: § 148-7-20.    ANNOTATION   Under this section the superintendent of an irrigation ditch is authorized to control the headgates to the laterals therefrom, and decree enjoining interference with him in the exercise of this authority was affirmed. Koen v. Ft. Bent Ditch Co., 67 Colo. 34 , 185 P. 653 (1919).   Where in a water rights action, although the trial court dissolved the preliminary injunction which restrained defendants from interfering with plaintiffs' headgates, to which ruling no error was assigned, nevertheless, defendants assert error as to court's failure to enjoin plaintiffs from interfering with the measurement and delivery of water to plaintiffs by defendants, it was held, under the circumstances there was no merit to defendants' assertion since contract which gave defendants the right to operate the ditch had already expired by its own terms. Winter v. Tarabino, 173 Colo. 30 , 475 P.2d 331 (1970).
CO Code § 37-84-121 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-121. Penalty for Refusal to Deliver Water

 [ ] Any superintendent or any person having charge of said ditch who willfully neglects or refuses to deliver water, as provided in sections 37-84-118 to 37-84-123 , or any person who prevents or interferes with the proper delivery of water to the persons having the right thereto commits a petty offense. The money thus collected shall be paid into the general fund of the county in which the petty offense has been committed. The owners of such ditches shall be liable in damages to the persons deprived of the use of the water to which they were entitled as provided in sections 37-84-118 to 37-84-123 .  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 1887: P. 305, § 4. R.S. 08: § 3257. C.L. § 1736. CSA: C. 90, § 134. CRS 53: § 147-7-22. C.R.S. 1963: § 148-7-21. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 673, effective March 1, 2022. History. Source: L. 1887: P. 305, § 4. R.S. 08: § 3257. C.L. § 1736. CSA: C. 90, § 134. CRS 53: § 147-7-22. C.R.S. 1963: § 148-7-21. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 673, effective March 1, 2022.
CO Code § 37-84-122 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-122. Division Engineer to Measure Water

 [ ] Any division engineer, or his deputy or assistant, who willfully neglects or refuses, after being called upon, to promptly measure water from the stream or other source of supply into the irrigating canals or ditches, in his division, according to their respective priorities, to the extent to which water may be actually necessary for the irrigation of lands under such canals or ditches, is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the same penalty as provided in section 37-84-121 .  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 1887: P. 305, § 5. R.S. 08: § 3258. C.L. § 1737. CSA: C. 90, § 135. CRS 53: § 147-7-23. C.R.S. 1963: § 148-7-22. L. 69: P. 1222, § 14. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 674, effective March 1, 2022. History. Source: L. 1887: P. 305, § 5. R.S. 08: § 3258. C.L. § 1737. CSA: C. 90, § 135. CRS 53: § 147-7-23. C.R.S. 1963: § 148-7-22. L. 69: P. 1222, § 14. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 674, 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.
CO Code § 37-84-122 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-122. Division Engineer to Measure Water

 [ ] Any division engineer, or the division engineer's deputy or assistant, who willfully neglects or refuses, after being called upon, to promptly measure water from the stream or other source of supply into the irrigating canals or ditches, in the division engineer's division, according to their respective priorities, to the extent to which water may be actually necessary for the irrigation of lands under such canals or ditches commits a petty offense.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 1887: P. 305, § 5. R.S. 08: § 3258. C.L. § 1737. CSA: C. 90, § 135. CRS 53: § 147-7-23. C.R.S. 1963: § 148-7-22. L. 69: P. 1222, § 14. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 674, effective March 1, 2022. History. Source: L. 1887: P. 305, § 5. R.S. 08: § 3258. C.L. § 1737. CSA: C. 90, § 135. CRS 53: § 147-7-23. C.R.S. 1963: § 148-7-22. L. 69: P. 1222, § 14. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3290, § 674, effective March 1, 2022.
CO Code § 37-84-123 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-123. Jurisdiction of County Court

 In all cases declared misdemeanors by sections 37-84-118 to 37-84-123 , the county court of the county in which the offense was committed has jurisdiction.   History. Source: L. 1887: P. 306, § 6. R.S. 08: § 3259. C.L. § 1738. CSA: C. 90, § 136. CRS 53: § 147-7-24. L. 64: P. 341, § 345. C.R.S. 1963: § 148-7-23. History. Source: L. 1887: P. 306, § 6. R.S. 08: § 3259. C.L. § 1738. CSA: C. 90, § 136. CRS 53: § 147-7-24. L. 64: P. 341, § 345. C.R.S. 1963: § 148-7-23.
CO Code § 37-84-124 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 84 - Responsibility of User or Owner|§ 37-84-124. Amount of Water Taken

 It is the duty of every person who is entitled to take water for irrigation purposes from any ditch, canal, or reservoir to see that he receives no more water from such ditch, canal, or reservoir through his headgate, or by any ways or means whatsoever, than the amount to which he is entitled. At all times, such person shall take every precaution to prevent more water than the amount to which he is entitled from such ditch, canal, or reservoir from coming upon his land.   History. Source: L. 1887: P. 312, § 1. R.S. 08: § 3260. C.L. § 1739. CSA: C. 90, § 137. CRS 53: § 147-7-25. C.R.S. 1963: § 148-7-24. History. Source: L. 1887: P. 312, § 1. R.S. 08: § 3260. C.L. § 1739. CSA: C. 90, § 137. CRS 53: § 147-7-25. C.R.S. 1963: § 148-7-24.    ANNOTATION   Purpose of provisions. This section and § 37-84-125 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).