§ 37-87-108. Withdrawal of Excess Water
If the owners of any such reservoir impound water therein to a depth greater than that determined by the state engineer to be safe, it is the duty of the division engineer of the district wherein such reservoir is located to forthwith proceed to withdraw from said reservoir so much of the water as shall […]
§ 37-87-108.5. Emergency Actions
If, in the opinion of the state engineer, conditions of any dam or reservoir are so dangerous to the health and safety of life or property as not to permit time for issuance and enforcement of an order relative to construction, modification, maintenance, or restriction of storage, or the dam is threatened by any large […]
§ 37-87-109. Complaint That Reservoir Is Unsafe
Upon complaint being made to the state engineer by one or more persons residing or having property in such a location that their homes or property would be in danger of destruction or damage in the event of a flood occurring on account of the breaking of the embankment of any reservoir within the state, […]
§ 37-87-110. Engineer May Use Force
The state engineer is authorized to use such force as is necessary to perform the duties required of him in section 37-87-109 and to have and exercise all of the powers conferred upon the division engineer by section 37-87-108. If, after any of such reservoirs have been examined by said state engineer, the owners thereof, […]
§ 37-87-111. Expense of Examination
The person calling upon the state engineer to perform the duty required of him by section 37-87-109, if the request is frivolous or made in bad faith, shall pay him any invoiced expenses and mileage at the rate prevailing for state officers and employees under section 24-9-104, C.R.S., for each mile actually and necessarily traveled […]
§ 37-87-112. Review of Action of State Engineer
Any action of the state engineer under section 37-87-110 shall be subject to review in a de novo proceeding commenced by complaint of the owner in the district court in and for the county where the affected structure is located. When the state engineer has directed that certain measures shall be taken immediately for the […]
§ 37-87-114. Penalty – Disposition of Fines
Any reservoir owner or operator failing or refusing, after notice in writing has been given, to obey the reasonable directions of the state engineer as to the construction or safe operation of any reservoir shall be subject to a fine of not less than five hundred dollars for each offense, and each day’s continuance after […]
§ 37-87-114.4. Annual Report
Notwithstanding section 24-1-136 (11)(a)(I), the state engineer shall submit an annual report to the general assembly by November 1 of each year concerning the activities of the state engineer and the division of water resources relating to sections 37-87-105 to 37-87-114 for the preceding fiscal year. The report must include information on the following: Approvals […]
§ 37-87-114.5. Applicability of Provisions – Exemptions
The provisions of sections 37-87-105 to 37-87-114 shall not apply to: Structures not designed or operated for the purpose of storing water; Mill tailings impoundment structures permitted under article 32 or 33 of title 34, C.R.S.; Uranium mill tailings and liquid impoundment structures permitted under article 11 of title 25, C.R.S.; except that the state […]
§ 37-87-115. Damages
The provisions of this article are undertaken by the state of Colorado in the discretionary exercise of its governmental authority; therefore, neither the state of Colorado nor the state engineer, any member of his staff, or any person appointed by him shall be liable in damages for any act done by him or for his […]