reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 81 - DIVERSION OF WATERS FROM STATE (§§ 37-81-101 — 37-81-104) › Section 37-81-104 - Fee for diversion - fund created

(1)
(a)
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.
(b)
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.
(2)
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.
L. 85: Entire section added, p. 287, § 6, effective May 23. L. 98: (1) amended, p. 1343, § 69, effective June 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 82 - APPROPRIATION AND USE OF WATER (§§ 37-82-101 — 37-82-107) › Section 37-82-101 - Waters of natural surface streams subject to appropriation

(1)
The water of every natural stream, as referred to in sections 5 and 6 of article XVI of the state constitution, includes all the water occurring within the state of Colorado which is in or tributary to a natural surface stream but does not include nontributary groundwater as that term is defined in section
37-90-103
. All nontributary groundwater shall be subject to such administration and use as the general assembly may provide by law. Such nontributary waters, when released from the dominion of the user, become a part of the natural surface stream where released, subject to water rights on such stream in the order of their priority.
(2)
A stream system which arises as a natural surface stream and, as a natural or man-induced phenomenon, terminates within the state of Colorado through naturally occurring evaporation and transpiration of its waters, together with its underflow and tributary waters, is a natural surface stream subject to appropriation as provided in subsection (1) of this section.
L. 69: R&RE, p. 1219, § 2. C.R.S. 1963: § 148-2-1. L. 79: Entire section R&RE, p. 1366, § 1, effective June 22. L. 85: (1) amended, p. 1166, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 82 - APPROPRIATION AND USE OF WATER (§§ 37-82-101 — 37-82-107) › Section 37-82-102 - Priority of right to spring water

All ditches constructed for the purpose of utilizing the waste, seepage, or spring waters of the state shall be governed by the same laws relating to priority of right as those ditches constructed for the purpose of utilizing the water of running streams; but the person upon whose land the seepage or spring waters first arise shall have the prior right to such waters if capable of being used upon his lands.
L. 1889: p. 215, § 1. R.S. 08: § 3177. C.L. § 1637. CSA: C. 90, § 20. CRS 53: § 147-2-2. C.R.S. 1963: § 148-2-2.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 82 - APPROPRIATION AND USE OF WATER (§§ 37-82-101 — 37-82-107) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 82 - APPROPRIATION AND USE OF WATER (§§ 37-82-101 — 37-82-107) › Section 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.
L. 17: p. 542, § 2. C.L. § 1639. CSA: C. 90, § 22. CRS 53: § 147-2-4. C.R.S. 1963: § 148-2-4.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 82 - APPROPRIATION AND USE OF WATER (§§ 37-82-101 — 37-82-107) › Section 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.
L. 17: p. 542, § 3. C.L. § 1640. CSA: C. 90, § 23. CRS 53: § 147-2-5. C.R.S. 1963: § 148-2-5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 82 - APPROPRIATION AND USE OF WATER (§§ 37-82-101 — 37-82-107) › Section 37-82-106 - Right to reuse of imported water

(1)
Whenever an appropriator has lawfully introduced foreign water into a stream system from an unconnected stream system, such appropriator may make a succession of uses of such water by exchange or otherwise to the extent that its volume can be distinguished from the volume of the streams into which it is introduced. Nothing in this section shall be construed to impair or diminish any water right which has become vested.
(2)
To the extent that there exists a right to make a succession of uses of foreign, nontributary, or other developed water, such right is personal to the developer or his successors, lessees, contractees, or assigns. Such water, when released from the dominion of the user, becomes a part of the natural surface stream where released, subject to water rights on such stream in the order of their priority, but nothing in this subsection (2) shall affect the rights of the developer or his successors or assigns with respect to such foreign, nontributary, or developed water, nor shall dominion over such water be lost to the owner or user thereof by reason of use of a natural watercourse in the process of carrying such water to the place of its use or successive use.
L. 1891: p. 402, § 1. R.S. 08: § 3178. C.L. § 1641. CSA: C. 90, § 24. CRS 53: § 147-2-6. L. 69: p. 1223, § 21. C.R.S. 1963: § 148-2-6. L. 79: Entire section amended, p. 1366, § 2, effective June 22.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 83 - EXCHANGE OF WATER (§§ 37-83-101 — 37-83-106) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 83 - EXCHANGE OF WATER (§§ 37-83-101 — 37-83-106) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 83 - EXCHANGE OF WATER (§§ 37-83-101 — 37-83-106) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 83 - EXCHANGE OF WATER (§§ 37-83-101 — 37-83-106) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 83 - EXCHANGE OF WATER (§§ 37-83-101 — 37-83-106) › Section 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.
L. 89: Entire section added, p. 1420, § 1, effective April 12. L. 2001: Entire section amended, p. 1278, § 50, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 37-84-101 - Maintenance of embankments and tail ditch

The owners of any ditch for irrigation or other purposes shall carefully maintain the embankments thereof so that the waters of such ditch may not flood or damage the premises of others, and shall make a tail ditch so as to return the water in such ditch with as little waste as possible into the stream from which it was taken.
R.S. p. 364, § 7. L. 1872: p. 144, § 1. G.L. § 1378. G.S. § 1728. R.S. 08: § 3233. C.L. § 1713. CSA: C. 90, § 111. CRS 53: § 147-7-1. C.R.S. 1963: § 148-7-1.
For requirement of keeping ditch in repair, see § 7-42-108.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 37-84-103 - Bridge when ditch crosses highway

(1)
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.
(2)
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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 37-84-104 - [Repealed]

R.S. p. 364, § 11. G.L. § 1382. G.S. § 1731. R.S. 08: § 3236. C.L. § 1716. CSA: C. 90, § 114. CRS 53: § 147-7-4. C.R.S. 1963: § 148-7-4. L. 81: Entire section repealed, p. 1777, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 37-84-105 - [Repealed]

R.S. p. 365, § 12. G.L. § 1383. G.S. § 1732. R.S. 08: § 3237. C.L. § 1717. CSA: C. 90, § 115. CRS 53: § 147-7-5. C.R.S. 1963: § 148-7-5. L. 64: p. 341, § 344. L. 81: Entire section repealed, p. 1777, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
L. 13: p. 150, § 1. C.L. § 1718. CSA: C. 90, § 116. CRS 53: § 147-7-6. C.R.S. 1963: § 148-7-6.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
For requirement of keeping ditch in repair, see § 7-42-108.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 37-84-108 - Running excess of water forbidden

(1)
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.
(2)
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.
Amended by 2015 Ch. 54,§ 1, eff. 8/5/2015.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 37-84-112 - Headgates - specifications - failure to maintain - penalty

(1)
The owners of any irrigation ditch, canal, flume, or reservoir in this state, taking water from any stream, shall erect where necessary and maintain in good repair, at the point of intake of such ditch, canal, flume, or reservoir, a suitable and proper headgate of height and strength and with embankments sufficient to control the water at all ordinary stages and suitable and proper measuring flumes, weirs, and devices and shall also erect and maintain in good repair suitable wastegates where necessary in connection with such ditch, canal, flume, or reservoir intake. The framework of such headgate shall be constructed of timber not less than four inches square, and the bottom, sides, and gate shall be of plank not less than two inches in thickness, or said gate may be made of other material of equal strength and durability or may be made and constructed upon plans and specifications approved by the state engineer. No such headgate shall be deemed complete until provided with suitable locks and fastenings (except when the division engineer deems such locks and fastenings unnecessary therefor) and keys therefor are delivered to the division engineer of the division who has control thereof during the seasons of the distribution of water.
(2)
If the owners of any such irrigation ditch, canal, flume, or reservoir fail or neglect to erect or maintain in good repair said headgate, measuring flume, weir, or devices, in the manner and form provided in this section, then the state engineer or division engineer, upon ten days' previous notice in writing, duly served upon such owners, or upon any agent or employee representing them or controlling such ditch, canal, flume, or reservoir, shall refuse to deliver any water from such stream to such owners, or to such ditch, canal, flume, or reservoir, until such owners erect or repair the headgate, measuring flume, weirs, or devices of such ditch, canal, flume, or reservoir. The owners of all such ditches, canals, flumes, or reservoirs shall be liable for all damages resulting from their neglect or refusal to comply with the provisions of sections
37-84-112
to
37-84-117
. Such owners who divert water from any such stream and into any such ditch, canal, flume, or reservoir contrary to the orders of the state engineer or division engineer are guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, and each day of violation shall be deemed a separate offense.
L. 01: p. 193, § 1. R.S. 08: § 3248. L. 11: p. 463, § 1. C.L. § 1727. CSA: C. 90, § 125. CRS 53: § 147-7-13. C.R.S. 1963: § 148-7-12. L. 69: p. 1220, § 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
For requirement of keeping ditch in repair, see § 7-42-108.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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
.
Amended by 2021 Ch. 462, § 673, eff. 3/1/2022.
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. 3290, p. 3290, § 673, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
Amended by 2021 Ch. 462, § 674, eff. 3/1/2022.
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. 3290, p. 3290, § 674, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 84 - RESPONSIBILITY OF USER OR OWNER (§§ 37-84-101 — 37-84-125) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 85 - CHARGE FOR DELIVERY OF WATER (§§ 37-85-101 — 37-85-111) › Section 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.
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.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 85 - CHARGE FOR DELIVERY OF WATER (§§ 37-85-101 — 37-85-111) › Section 37-85-102 - Right to continue purchasing water

Any persons, acting jointly or severally, who have purchased and used water for irrigation for lands occupied by them from any ditch or reservoir, and have not ceased to do so for the purpose or with intent to procure water from some other source of supply, have the right to continue to purchase water to the same amount for their lands, on paying or tendering the price thereof fixed by the board of county commissioners as provided in sections
37-85-103
to
37-85-106
or, if no price has been fixed by them, the price at which the owners of such ditch or reservoir may be then selling water or did sell water during the then last preceding year. This section shall not apply to the case of those who may have taken water as stockholders or shareholders after they have sold or forfeited their shares or stock, unless they have retained a right to procure such water by contract, agreement, or understanding and use between themselves and the owners of such ditch and not then to the injury of other purchasers of water from or shareholders in the same ditch.
L. 1879: p. 96, § 3. G.S. § 1740. R.S. 08: § 3264. C.L. § 1741. CSA: C. 90, § 139. CRS 53: § 147-8-1. C.R.S. 1963: § 148-8-1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 85 - CHARGE FOR DELIVERY OF WATER (§§ 37-85-101 — 37-85-111) › Section 37-85-103 - County commissioners to hear and consider applications

The board of county commissioners of each county, at its regular sessions in each year, and at such other sessions as it in its discretion may deem proper, in view of the irrigation and harvesting season, and the convenience of all parties interested, shall hear and consider all applications which may be made to it by any party interested, either in furnishing and delivering for compensation in any manner, or in procuring for such compensation, water for irrigation, mining, milling, manufacturing, or domestic purposes, from any ditch, canal, conduit, or reservoir, the whole or any part of which lies in such county. The application shall be supported by such affidavits as the applicant may present, showing reasonable cause for such board of county commissioners to proceed to fix a reasonable maximum rate of compensation for water to be thereafter delivered from such ditch, canal, conduit, or reservoir, within such county.
L. 1887: p. 291, § 1. R.S. 08: § 3265. C.L. § 1742. CSA: C. 90, § 140. CRS 53: § 147-8-2. C.R.S. 1963: § 148-8-2.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 85 - CHARGE FOR DELIVERY OF WATER (§§ 37-85-101 — 37-85-111) › Section 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.
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.
For the taking of depositions, see C.R.C.P. 26 to 37.