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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 87 - RESERVOIRS (§§ 37-87-101 — 37-87-125) › Section 37-87-120 - [Repealed]

L. 37: p. 789, § 5. CSA: C. 90, § 99(5). L. 39: p. 444, § 1. CRS 53: § 147-5-26. C.R.S. 1963: § 148-5-26. L. 71: p. 1310, § 10. L. 87: Entire section repealed, p. 1304, § 1, effective May 20.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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 87 - RESERVOIRS (§§ 37-87-101 — 37-87-125) › Section 37-87-121 - [Repealed]

L. 37: p. 790, § 6. CSA: C. 90, § 99(6). CRS 53: § 147-5-27. C.R.S. 1963: § 148-5-27. L. 71: p. 1310, § 11. L. 87: Entire section repealed, p. 1304, § 1, effective May 20.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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 87 - RESERVOIRS (§§ 37-87-101 — 37-87-125) › Section 37-87-122 - Erosion control dams

(1)
The provisions of sections
37-87-101
to
37-87-108
shall not apply to erosion control dams of the character defined in this section, unless such dams also come within the specification requirements of said sections.
(2)
Erosion control dams for reservoirs may be constructed on watercourses, the channels of which have been determined by the state engineer to be normally dry, having a vertical height not exceeding fifteen feet from the bottom of the channel to the bottom of the spillway, and having a capacity not exceeding ten acre-feet at the emergency spillway level, upon approval of an application for such erosion control dam by the state engineer, which application shall be accompanied by a fee of fifteen dollars. The approval by the state engineer of an erosion control dam shall be chronologically numbered in order of approval and in concert with any livestock water tanks approved pursuant to section
35-49-109
, C.R.S. When such reservoirs are to be constructed with such height exceeding fifteen feet and such capacity exceeding ten acre-feet, they shall be constructed in accordance with section
37-87-105
.
(3)
Such reservoirs may be constructed with a capacity in excess of two acre-feet if, at or below the two acre-feet level, an ungated outlet tube is installed, with twelve inches minimum diameter and large enough to assure adequate capacity to drain within thirty-six hours any impoundment in excess of two acre-feet.
(4)
The state engineer shall prepare and keep on file at the office of the state engineer standard specifications for erosion control dams which shall be subject to revision by the state engineer and shall in general be used as a guide by persons proposing to construct such dams.
(5)
The fees collected pursuant to subsection (2) of this section shall be deposited by the state engineer with the state treasurer, who shall credit all such fees to the general fund of the state.
L. 73: p. 1518, § 1. C.R.S. 1963: § 148-5-30. L. 87: (1) amended, p. 1304, § 2, effective May 20. L. 90: (2) amended and (5) added, p. 1617, § 4, effective July 1. L. 92: (2) and (4) amended, p. 2309, § 12, effective June 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 87 - RESERVOIRS (§§ 37-87-101 — 37-87-125) › Section 37-87-123 - [Repealed]

L. 83: Entire section added, p. 1407, § 6, effective June 1. L. 84: Entire section repealed, p. 969, § 13, effective April 30.
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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 87 - RESERVOIRS (§§ 37-87-101 — 37-87-125) › Section 37-87-124 - Restriction of facilities within reservoirs

(1)
The general assembly hereby declares that the prevention of seasonal flooding which causes destruction of property and crops, loss of livestock, and risk or loss of human life is manifestly of greater concern and benefit to this state than the availability of recreational facilities and other facilities, not functionally related to the operation of the reservoir, constructed below the high water level of a reservoir.
(2)
In order to achieve the purposes of subsection (1) of this section, no person, including any state or federal agency, quasi-municipal corporation, or political subdivision, shall construct any permanent recreational structure within a reservoir below the elevation at the crest of the spillway of the reservoir unless such facility is constructed in such a manner as to withstand partial or complete inundation and sustain minimal or no damage thereby or unless such facility is necessary to the operation of the reservoir. Said facility should be capable of being restored to full recreational use with a minimum amount of cleaning or expense. This subsection (2) and subsection (3) of this section shall not apply to facilities completed before July 1, 1984, but shall apply to any enlargement or remodeling of such facilities.
(3)
The state engineer shall order the removal of any facilities constructed, enlarged, or remodeled in violation of this section. Such order may be appealed by the affected person or enforced by the state engineer pursuant to article
4
of title
24
, C.R.S.
L. 84: Entire section added, p. 970, § 1, effective April 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 87 - RESERVOIRS (§§ 37-87-101 — 37-87-125) › Section 37-87-125 - Notice of intent to construct impoundment structure

Any person proposing to construct a reservoir for the purpose of storing water, other than a reservoir specified in section
37-87-105(1)
or a livestock water tank as described in section
35-49-103
, C.R.S., shall submit notice thereof to the state engineer prior to the beginning of any construction. Such notice shall include the location of such proposed reservoir with reference to section, township, and range and the dimensions of the reservoir, the dam, and the spillway. If any reservoir is constructed without the notice required by this section, the state engineer may prohibit the storage of water in such reservoir or direct the withdrawal of water from such reservoir. The provisions of this section shall not apply to structures listed in section
37-87-114.5
.
L. 84: Entire section added, p. 968, § 12, effective April 30.
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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-101 - Authority to locate and construct

For the purpose of reclaiming, by irrigation, state and other lands and for the purpose of furnishing work for inmates, the department of corrections is authorized to locate, acquire, and construct, in the name of and for the use of the state of Colorado, ditches, canals, reservoirs, and feeders, for irrigating and domestic purposes, and for that purpose may use the labor of persons in the custody of the department of corrections.
L. 1889: p. 285, § 1. R.S. 08: § 3499. C.L. § 1933. CSA: C. 90, § 350. CRS 53: § 147-17-1. C.R.S. 1963: § 148-17-1. L. 77: Entire section amended, p. 954, § 32, effective August 1. L. 79: Entire section amended, p. 704, § 85, 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-102 - [Repealed]

Repealed by 2017 Ch. 47,§14, eff. 8/9/2017.
L. 1889: p. 285, § 2. R.S. 08: § 3500. C.L. § 1934. CSA: C. 90, § 351. CRS 53: § 147-17-2. C.R.S. 1963: § 148-17-2. L. 77: Entire section amended, p. 954, § 33, effective August 1. L. 2017: Entire section repealed, (SB 17-026), ch. 47, p. 147, § 14, effective August 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-103 - Rights and powers given

The department of corrections is given all the rights and powers that an individual or corporation now has under the laws of the state, or of the United States, to acquire the rights-of-way over, upon, and to any lands necessary for it to use or occupy in the construction and maintenance of said ditches, canals, reservoirs, or feeders.
L. 1889: p. 286, § 3. R.S. 08: § 3501. C.L. § 1935. CSA: C. 90, § 352. CRS 53: § 147-17-3. C.R.S. 1963: § 148-17-3. L. 77: Entire section amended, p. 954, § 34, effective August 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-104 - Title shall vest in state

The title to all ditches, canals, reservoirs, or feeders, so constructed, shall vest and remain in the state of Colorado, and the proceeds thereof shall be paid into the state treasury.
L. 1889: p. 286, § 4. R.S. 08: § 3502. C.L. § 1936. CSA: C. 90, § 353. CRS 53: § 147-17-4. C.R.S. 1963: § 148-17-4.
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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-105 - Contract for and lease of water rights

When any part of any ditch, canal, reservoir, or feeder is constructed, said department of corrections may contract for and may lease water rights upon such terms and under such rules and regulations as may be adopted by said department and approved by the governor of the state, to such individuals or corporations as may desire to lease the same.
L. 1889: p. 286, § 5. R.S. 08: § 3503. C.L. § 1937. CSA: C. 90, § 354. CRS 53: § 147-17-5. C.R.S. 1963: § 148-17-5. L. 77: Entire section amended, p. 955, § 35, effective August 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-106 - Aiding in the construction

For the purpose of aiding in the construction of said ditches, canals, reservoirs, and feeders, the department of corrections is authorized to receive subscriptions and advancements of money from persons owning land along the line of said proposed ditches, canals, reservoirs, and feeders, or persons desiring the construction of the same, and to issue receipts or certificates to such persons so advancing money for the amount thereof, which receipt or certificate shall draw interest at the rate of seven percent per annum, and both principal and interest shall be payable in water to be taken from said ditches, canals, reservoirs, or feeders, under such rules and regulations as may be adopted by said department and the state engineer and approved by the governor of the state.
L. 1889: p. 286, § 6. R.S. 08: § 3504. C.L. § 1938. CSA: C. 90, § 355. CRS 53: § 147-17-6. C.R.S. 1963: § 148-17-6. L. 77: Entire section amended, p. 955, § 36, effective August 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-107 - Penalty for damaging state reservoirs

Any person interfering with or damaging any state reservoir, or parts or appurtenances thereof, commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 677, eff. 3/1/2022.
L. 1891: p. 351, § 9. R.S. 08: § 3545. C.L. § 1950. CSA: C. 90, § 367. CRS 53: § 147-17-8. C.R.S. 1963: § 148-17-8. L. 73: p. 1419, § 110. L. 2021: Entire section amended, (SB 21-271), ch. 3291, p. 3291, § 677, 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-108 - Control of Boss lake reservoir

(1)
The board of county commissioners of Chaffee county has charge and control of that certain state reservoir situated in said county and commonly known as the Boss lake reservoir and, without expense to the state of Colorado, other than expenses payable from the Colorado water conservation board construction fund and such financial assistance or other aid as may be available to nonstate-owned reservoirs, shall maintain and keep said reservoir in good condition and provide for the storage of water as contemplated in the law providing for the construction of said reservoir and also for the distribution of said water under the direction of the division engineer for the district in which said reservoir is situated, at such times as the scarcity of water in the stream known as the South Arkansas demands that the waters in said stream should be replenished; except that said waters shall be distributed by the said division engineer pro rata without reference to the dates of priorities of water rights and further except that the county of Chaffee shall assume and shall be held responsible for any damages resulting from breakage of the dam or water discharges therefrom unless the responsibility for damages has been assumed by the upper Arkansas water conservancy district as part of the agreement pursuant to subsection (2) of this section.
(2)
The board of county commissioners of Chaffee county may agree with the upper Arkansas water conservancy district in which the Boss lake reservoir is located for said district's assumption of the duty to control, maintain, and keep the reservoir in good condition. The agreement may further provide for the upper Arkansas water conservancy district to assume and be held responsible for any damages resulting from breakage of the dam or water discharges therefrom.
L. 1897: p. 119, § 1. R.S. 08: § 3560. C.L. § 1957. CSA: C. 90, § 374. CRS 53: § 147-17-15. C.R.S. 1963: § 148-17-15. L. 81: Entire section amended, p. 1780, § 1, effective June 19.
For the appointments and functions of water division engineers, see § 37-92-202.
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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-109 - County control of reservoirs

(1)
The board of county commissioners of any county wherein is situated any state reservoir shall have charge and control of such reservoir and, without expense to the state of Colorado, other than expenses payable from the Colorado water conservation board construction fund and such financial assistance or other aid as may be available to nonstate-owned reservoirs, shall maintain and keep said reservoir in good condition and provide for the storage of water as contemplated in the law providing for the construction of said reservoir and also for the distribution of said water under the direction of the division engineer for the district in which said reservoir is situated, at such times as the scarcity of water in the stream which such reservoir is intended to reinforce demands that the water in said stream should be replenished for agricultural purposes; except that said waters shall be distributed by said division engineer pro rata without reference to priority of water rights and also except that the counties in which said reservoirs are situated shall assume and shall be held responsible for any damages resulting from breakage of the dams or water discharges therefrom. The provisions of this section shall not apply to any state reservoir constructed primarily for the purpose of irrigating state lands, but any such reservoir shall remain in the control of the state board of land commissioners.
(2)
In the case of reservoirs owned by the division of parks and wildlife, the state engineer or the division engineer in the district in which such reservoirs are located shall have the authority to cause the release of water stored therein for domestic and municipal purposes in time of scarcity. All expenses occasioned by the release of such waters for said purposes shall be borne by the counties or the beneficiaries of such releases, and said reservoirs, when refilled in priority, shall be restocked at the expense of the county or the beneficiary of said release.
L. 1899: p. 350, § 1. R.S. 08: § 3562. C.L. § 1959. CSA: C. 90, § 376. CRS 53: § 147-17-16. C.R.S. 1963: § 148-17-16. L. 81: Entire section amended, p. 1781, § 2, effective June 19.
For the appointments and functions of water division engineers, see § 37-92-202.
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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 88 - STATE CANALS AND RESERVOIRS (§§ 37-88-101 — 37-88-110) › Section 37-88-110 - Monument lake dam and reservoir - transfer of title - ownership and control

(1)
Upon completion of the repair described in subsection (2) of this section, the governor is hereby authorized to execute a deed of conveyance to the town of Monument of all the right, title, and interest of the state of Colorado in and to the structure known as Monument lake dam located in El Paso county.
(2)
The transfer of title to Monument lake dam pursuant to subsection (1) of this section shall not occur until such time as the dam is repaired to the satisfaction of the state engineer's office and other governmental entities with applicable jurisdiction. The town of Monument and El Paso county are jointly responsible for financing the repair of Monument lake dam and are authorized to apply for financial assistance from the Colorado water resources and power development authority established in article
95
of this title, the Colorado water conservation board established in article
60
of this title, and from any other appropriate state, federal, or private source.
(3)
As there are no adjudicated water rights to Monument lake reservoir, upon the transfer of title to Monument lake dam pursuant to subsection (1) of this section, the town of Monument may acquire and assume the duties and responsibilities relating to the storage of water in Monument lake reservoir.
(4)
Upon the transfer of title to Monument lake dam pursuant to subsection (1) of this section, the town of Monument shall assume all liability and responsibility relating to the control, management, and maintenance of Monument lake dam and reservoir, and at such time the board of county commissioners of El Paso county shall be relieved from all responsibilities relating to Monument lake reservoir pursuant to section
37-88-109
.
L. 2000: Entire section added, p. 680, § 1, effective May 23.
Section 18 of chapter 47 (SB 17-026), Session Laws of Colorado 2017, provides that the act changing this section applies to fees owed on or after August 9, 2017.
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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 89 - OFFENSES (§§ 37-89-101 — 37-89-104) › Section 37-89-101 - Penalty for cutting or breaking gate, bank, or flume

Any person who knowingly and willfully cuts, digs, breaks down, or opens any gate, bank, embankment, or side of any ditch, canal, flume, feeder, or reservoir, or who knowingly and willfully breaks, cuts, checks, or otherwise interferes with the flow of water in any drainage ditch, box drain, or tile drain, or any manhole, or other opening in any box drain or tile drain, in which such person may be a joint owner, or which may be the property of another, or in the lawful possession of another and used for the purpose of drainage, irrigation, manufacturing, mining, or domestic purposes, with intent to injure any person, association, or corporation, or for personal gain, unlawfully, with intent of stealing, taking, or causing to run or pour out of or into such ditch, canal, reservoir, feeder, flume, drainage ditch, box drain, or tile drain any water for personal profit, benefit, or advantage, or with intent to check or change the flow in any such ditch, canal, feeder, flume, drainage ditch, box drain, or tile drain, to the injury of any other person, association, or corporation, lawfully in the use of such water or of such ditch, canal, reservoir, feeder, flume, drainage ditch, box drain, or tile drain commits a class 2 misdemeanor. The court shall further order that such person make full restitution to the victim of the person's conduct for the actual damages that were sustained. The amount of such restitution shall be equal to the actual pecuniary damages sustained by the victim. The court shall fix the manner and time in which such restitution shall be made.
Amended by 2021 Ch. 462, § 678, eff. 3/1/2022.
L. 1881: p. 163, § 1. G.S. § 1759. R.S. 08: § 3495. L. 21: p. 476, § 1. C.L. § 1929. CSA: C. 90, § 346. CRS 53: § 147-16-1. C.R.S. 1963: § 148-16-1. L. 2001: Entire section amended, p. 988, § 1, effective August 8. L. 2021: Entire section amended, (SB 21-271), ch. 3291, p. 3291, § 678, 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).
For the penalty of damaging a ditch or flume, see § 7-42-109 ; for trespass, tampering, and criminal mischief, see part 5 of article 4 of title 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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 89 - OFFENSES (§§ 37-89-101 — 37-89-104) › Section 37-89-102 - Jurisdiction of county court

The county court has jurisdiction of all offenses under the provisions of section
37-89-101
.
L. 1881: p. 163, § 2. G.S. § 1761. R.S. 08: § 3496. C.L. § 1930. CSA: C. 90, § 347. CRS 53: § 147-16-2. C.R.S. 1963: § 148-16-2. L. 64: p. 342, § 346.
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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 89 - OFFENSES (§§ 37-89-101 — 37-89-104) › Section 37-89-103 - Penalty for interfering with adjusted headgates

(1)
Every person who willfully and without authority opens, closes, changes, or interferes with any headgate of any ditch, or any water box or measuring device of any ditch for the receiving or delivery of water, after the headgate of the ditch has been adjusted by and is in the control of the division engineer, or after such water box or measuring device has been adopted by the ditch officer in charge commits a class 2 misdemeanor.
(2)
Any person who is found using water taken through any such headgate, water box, or measuring device so unlawfully interfered with shall prima facie be deemed guilty of a violation of this section.
Amended by 2021 Ch. 462, § 679, eff. 3/1/2022.
L. 1879: p. 108, § 44. G.S. § 1755. L. 01: p. 196, § 1. R.S. 08: § 3497. C.L. § 1931. CSA: C. 90, § 348. CRS 53: § 147-16-3. C.R.S. 1963: § 148-16-3. L. 2021: (1) amended, (SB 21-271), ch. 3292, p. 3292, § 679, 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).
For the appointments and functions of water division engineers, see § 37-92-202 .
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) › RESERVOIRS AND WATERWAYS (§§ 37-86-101 — 37-89-104) › Article 89 - OFFENSES (§§ 37-89-101 — 37-89-104) › Section 37-89-104 - Jurisdiction of county court

The county court has jurisdiction to hear, try, and determine actions brought for violations of section
37-89-103
.
L. 01: p. 197, § 2. R.S. 08: § 3498. C.L. § 1932. CSA: C. 90, § 349. CRS 53: § 147-16-4. C.R.S. 1963: § 148-16-4. L. 64: § 342, § 347.
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-101 - Short title

This article shall be known and may be cited as the "Colorado Groundwater Management Act".
L. 65: R&RE, p. 1268, § 1. C.R.S. 1963: § 148-18-38.
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-102 - Legislative declaration

(1)
It is declared that the traditional policy of the state of Colorado, requiring the water resources of this state to be devoted to beneficial use in reasonable amounts through appropriation, is affirmed with respect to the designated groundwaters of this state, as said waters are defined in section
37-90-103(6)
. While the doctrine of prior appropriation is recognized, such doctrine should be modified to permit the full economic development of designated groundwater resources. Prior appropriations of groundwater should be protected and reasonable groundwater pumping levels maintained, but not to include the maintenance of historical water levels. All designated groundwaters in this state are therefore declared to be subject to appropriation in the manner defined in this article.
(2)
The general assembly finds and declares that the allocation of nontributary groundwater pursuant to statute is based upon the best available evidence at this time. The general assembly recognizes the unique, finite nature of nontributary groundwater resources outside of designated groundwater basins and declares that such nontributary groundwater shall be devoted to beneficial use in amounts based upon conservation of the resource and protection of vested water rights. Economic development of this resource shall allow for the reduction of hydrostatic pressure levels and aquifer water levels consistent with the protection of appropriative rights in the natural stream system. The doctrine of prior appropriation shall not apply to nontributary groundwater. To continue the development of nontributary groundwater resources consonant with conservation shall be the policy of this state. Such water shall be allocated as provided in this article upon the basis of ownership of the overlying land. This policy is a reasonable exercise of the general assembly's plenary power over this resource.
(3)
Repealed.
L. 65: R&RE, p. 1246, § 1. C.R.S. 1963: § 148-18-1. L. 85: Entire section amended, p. 1160, § 1, effective July 1. L. 98: (3) added, p. 852, § 1, effective May 26. L. 2001: (3) amended, p.158, § 1, effective March 28. L. 2003: (3) amended, p. 1596, § 2, effective May 2.
Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2004. (See L. 1998, p. 852.)
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-107.5 - Replacement plans

Any person desiring to obtain an approval of a replacement plan within the boundaries of a designated groundwater basin pursuant to the provisions of this article shall make an application to the commission in a form prescribed by the commission. The applicant shall also submit a summary of the application to the commission for publication. If the commission determines the application to be complete, it shall be published pursuant to section
37-90-112
within sixty days after the filing of such an application. If an objection is filed, a hearing shall be held pursuant to section
37-90-113
. The commission shall approve the replacement plan if the commission determines that the replacement plan meets the requirements of this article and rules adopted by the commission. A replacement plan shall not be used as a vehicle for avoiding limitations on existing wells, including but not limited to restrictions on change of well location. Therefore, before approving any replacement plan that includes existing wells, the commission shall require independent compliance with all rules governing those existing wells in addition to compliance with any guidelines or rules governing replacement plans.
L. 98: Entire section added, p. 1218, § 6, 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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-107.6 - Aquifer storage-and-recovery plans - publication - objection - hearing - rules

If a person seeks to obtain an approval of an aquifer storage-and-recovery plan within the boundaries of a designated groundwater basin, the person must apply to the commission in a form and manner determined by the commission by rule. When submitting the application to the commission, the applicant must also submit a summary of the application to the commission for publication. If the commission determines that the application is complete, the application shall be published pursuant to section
37-90-112
within sixty days after the filing of the completed application. If an objection to the application is filed, the commission shall hold a hearing on the application pursuant to section
37-90-113
. The commission shall approve an aquifer storage-and-recovery plan if the commission determines that the aquifer storage-and-recovery plan meets the requirements of this article 90 and rules adopted by the commission. An aquifer storage-and-recovery plan shall not be used as a vehicle for avoiding limitations on existing wells, including but not limited to restrictions on change of well location. Therefore, before approving any aquifer storage-and-recovery plan that includes existing wells, the commission shall require independent compliance with all rules governing those existing wells in addition to compliance with any guideline or rules governing aquifer storage-and-recovery plans.
Added by 2018 Ch. 106,§ 1, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1199), ch. 106, p. 794, § 1, effective August 8.
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-112 - Notice - publication

(1)
When any notice is required to be published under any section of this article, including notice of elections, it shall be deemed to mean a publication in a newspaper of general circulation in each of the counties concerned. Publication of all notices shall be once each week for two successive weeks. The notice shall state the hour and date of the commencement of hearings on the subject matter of the notice; the place at which the hearings will be held; the place where written objections may be filed; and the final date by which written objections will be received; or, if for an election, the date, hours, and polling places.
(2)
All objections, either to the published notice or any matter contained therein, shall be in writing and shall briefly state the nature of the objection and shall be filed within the time and at the place designated in the notice.
(3)
The time for filing any written objections to notices described in this article shall extend to thirty days following the last publication of the notice.
L. 65: R&RE, p. 1255, § 1. C.R.S. 1963: § 148-18-11. L. 71: p. 1315, § 9.
For publication of legal notices, see part 1 of article 70 of title 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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-113 - Hearings

(1)
Hearings on all matters to be heard by the commission shall be held within the boundaries of the designated groundwater basin and within the ground water management district, if one exists, in which the water rights directly involved are situated or at such other place as may be designated by the commission for the convenience of, and as agreed to by, the parties involved. The hearings shall be conducted before the commission under reasonable rules and regulations of procedure prescribed by it. All parties to the hearing, including the commission, have the right to subpoena witnesses, who shall be sworn by the chairman or acting chairman of the commission to testify under oath at the hearing. All parties to the hearing shall be entitled to be heard either in person or by attorney.
(2)
In any hearings required to be conducted by the commission, it may, in its discretion, have such hearings conducted before such agent as it may designate, either alone or in conjunction with the appearance of the commission if the agent is technically qualified to conduct or assist in such hearings. Unless agreed otherwise by all parties to a hearing or unless ordered otherwise by the commission due to extenuating circumstances, a hearing pursuant to this section shall be held within one hundred eighty days after the filing of a request for such a hearing. Appeals of rulings of the agent designated by the commission shall be reviewed at any regular or special commission meeting at the location chosen by the commission for that meeting.
(3)
At any hearing or proceedings conducted or authorized by the commission affecting any water rights, either existing or potential, within any ground water management district, the commission shall receive and fully consider the testimony and recommendations of the board of directors or authorized agents of said district, if such testimony and recommendations are offered on behalf of the affected district.
(4)
In addition to any authority established by rule by the commission for commission matters to be referred to alternative dispute resolution, the commission or an agent designated by the commission pursuant to subsection (2) of this section may refer a matter before the commission to alternative dispute resolution pursuant to section
13-22-313
.
Amended by 2017 Ch. 140,§ 1, eff. 8/9/2017.
L. 65: R&RE, p. 1255, § 1. C.R.S. 1963: § 148-18-12. L. 71: p. 1315, § 10. L. 79: (1) amended and (3) added, p. 1374, § 6, effective June 7. L. 98: (2) amended, p. 1221, § 10, effective August 5. L. 2017: (4) added, (SB 17-036), ch. 140, p. 468, § 1, effective August 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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-114 - Other administrative hearings

Any person claiming to be injured within the boundaries of a designated groundwater basin by any act of the state engineer or commission under the provisions of this article, or the failure of the state engineer or commission to take any action under the provisions of this article, except as provided for the small capacity wells in section
37-90-105
, shall file a written petition with the commission stating the basis of the alleged injury. Thereafter, only upon request by a petitioner and upon thirty-five days' written notice to any adverse party, the commission shall conduct a hearing upon the petition in the manner provided in section
37-90-113
. If notice of any such act has been published pursuant to section
37-90-112
and no hearing has been requested pursuant to such notice, this section shall not be construed to create a subsequent or additional right to request a hearing concerning such act.
L. 65: R&RE, p. 1256, § 1. C.R.S. 1963: § 148-18-13. L. 71: p. 1316, § 11. L. 85: Entire section amended, p. 1176, § 6, effective May 31. L. 98: Entire section amended, p. 1221, § 11, effective August 5. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 883, § 152, 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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-117 - Water conservation board - duties

The Colorado water conservation board has the power, and it is its duty, to investigate and determine the nature and extent of the groundwater resources of the state of Colorado. It is also the duty of said board to study and determine the effect, if any, of the withdrawal of groundwater upon aquifer supply and upon the surface flow of streams, and the information obtained thereby shall be made available to the state engineer and the ground water commission and any designated ground water management district. Nothing in this section shall be construed as impairing the authority of the state engineer, the ground water commission, or any ground water management district to make such investigation as it may find necessary or desirable to enable it to perform its duties under this article.
L. 65: R&RE, p. 1257, § 1. C.R.S. 1963: § 148-18-16.
For other duties of the Colorado water conservation board, see § 37-60-106.
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-118 - Ground water management districts - formation

Within areas determined as designated groundwater basins by action of the commission in accordance with section
37-90-106
, ground water management districts may be formed in the manner, and having the power, provided in sections
37-90-118
to
37-90-135
; but no district shall be organized unless all groundwater aquifers containing designated groundwater within the geographic boundaries of the district have been included as a part of the district by the commission.
L. 65: R&RE, p. 1257, § 1. C.R.S. 1963: § 148-18-17. L. 85: Entire section amended, p. 1177, § 9, effective May 31.
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-119 - Creation of districts - proposal - submission - changes - proposed boundaries

A proposal for the formation of a designated ground water management district must be first submitted to the ground water commission, which shall make a hydrologic, geographic, and geologic evaluation of the proposed boundaries and recommend any changes in such boundaries as are indicated by such evaluation. No further steps for the formation of such district shall be taken until the commission, in writing, gives its consent to the boundaries thereof. The commission shall give either its consent or disapproval of the proposed boundaries within ninety days after the proposal has been submitted to it.
L. 65: R&RE, p. 1257, § 1. C.R.S. 1963: § 148-18-18.
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-120 - Management districts - petition - signatures required - filing

Following receipt of the consent required by section
37-90-119
, a petition calling for formation of the proposed district may be filed with the commission. The petition shall be signed by not less than fifteen percent of the taxpaying electors within the proposed district.
L. 65: R&RE, p. 1258, § 1. C.R.S. 1963: § 148-18-19. L. 67: p. 276, § 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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-121 - Management districts - petition - contents - minor defects - amendment

(1)
The petition referred to in section
37-90-120
shall set forth:
(a)
The name of the proposed district and boundaries thereof;
(b)
A proposed division of the district into divisions as nearly equal in size as may be practicable, and considering the population thereof, each of which is to be represented by a director, who shall be a resident taxpaying elector in such division or reside within the designated groundwater basin within which the district is located and be a resident agriculturist who owns and actively farms or ranches land located within such division;
(c)
The number of directors that the district shall have if formed, not less than five nor more than fifteen in number, together with the name and address of each of the proposed directors, the division to be represented by each of them, and their terms of office, which shall be so designated that approximately one-half of them shall expire on the first Tuesday in March of the second year after the organization of the district is completed, and the remainder of them on the first Tuesday in March of the fourth year after the organization of the district is completed;
(d)
Where the offices of such proposed district are to be maintained; and
(e)
A prayer that the organization of the district be submitted to a vote of the taxpaying electors as provided in section
37-90-124
.
(2)
No petition for the organization of a district with the requisite signatures shall be declared null and void on account of minor defects, but the commission may at any time, prior to final determination of the sufficiency thereof, permit the petition to be amended in form to conform to the facts. Several similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All petitions, filed prior to the determination of the sufficiency of such petition, shall be considered as though filed with the first petition placed on file.
L. 65: R&RE, p. 1258, § 1. C.R.S. 1963: § 148-18-20. L. 67: p. 276, § 6. L. 2009: (1)(b) amended, (HB 09-1159), ch. 43, p. 164, §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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-122 - Management district - petition - certification of signatures - hearing - notice - publication

The commission shall examine the petition, and, if it finds that it bears the requisite number of signatures and otherwise meets the stated requirements, it shall thereupon set a date for hearing upon such petition and shall cause notice of such hearing, together with a copy of such petition, to be published, the final publication being not less than ten days nor more than thirty days prior to the date set for such hearing. The cost of such publication shall be paid by the petitioners and shall be advanced by them prior to publication.
L. 65: R&RE, p. 1259, § 1. C.R.S. 1963: § 148-18-21.
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-123 - Management districts - hearing - objections - change of boundaries

At the time set for such hearing, the commission shall examine the petition and hear objections thereto and may order changes in the boundaries thereof by the inclusion or removal of land therefrom upon finding that such change would be hydrologically, geologically, and geographically sound. The action of the commission may be reviewed by the district court in appeal proceedings filed within twenty days after its decision has been announced, which decision shall be announced within ninety days after the hearing.
L. 65: R&RE, p. 1259, § 1. C.R.S. 1963: § 148-18-22.
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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-125 - Filing decree

Within thirty days after the district has been declared a corporation by the commission, it shall transmit to the county clerk and recorder of each of the counties in which the district or a part thereof extends copies of the decree of the commission incorporating the district.
L. 65: R&RE, p. 1260, § 1. C.R.S. 1963: § 148-18-24. L. 67: p. 281, § 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) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-126 - Management district - directors - qualifications - oath or affirmation - bond - vacancies

The members of the board of directors shall meet the qualifications established in section
37-90-121(1)(b)
. Each member of the board shall take an oath or affirmation in accordance with section
24-12-101
, shall give bond in the sum of five thousand dollars conditioned that he or she shall faithfully perform the duties of director and of such further office to which he or she may be elected in such district, and shall account for all funds or property coming into his or her hands as such director or other officer. Such bonds shall run to the district, shall be signed by a surety approved by the ground water commission, and shall be filed and recorded in the office of the state engineer. When such bond is so filed and approved, such person so elected shall take and hold office until his or her successor is elected and qualified. When a vacancy occurs on the board, such vacancy shall be filled by the remaining members of the board.
Amended by 2018 Ch. 88,§ 44, eff. 8/8/2018.
L. 65: R&RE, p. 1260, § 1. C.R.S. 1963: § 148-18-25. L. 67: p. 277, § 8. L. 2009: Entire section amended, (HB 09-1159), ch. 43, p. 164, §2, effective August 5. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 703, § 44, effective August 8.
For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.