§ 35-49-101. Short Title
This article shall be known and may be cited as the “Livestock Water Tank Act of Colorado”. Source: L. 41: p. 525, § 1. CSA: C. 160, § 226. CRS 53: § 8-17-1. C.R.S. 1963: § 8-17-1.
§ 35-49-102. Legislative Declaration
It is the policy of the state of Colorado to encourage and improve range conditions for livestock within its borders through the construction of watering tanks, to provide a system of priorities of right of use thereof, and to protect adjudicated water rights and the public interest by providing an official record and reasonable public […]
§ 35-49-103. Definitions
As used in this article, unless the context otherwise requires: “Livestock water tanks” includes all reservoirs created by dams constructed after April 17, 1941, on watercourses, the channels of which are normally dry as determined by the state engineer, having a capacity not exceeding ten acre feet and a vertical height not exceeding fifteen feet […]
§ 35-49-104. Statutes Inapplicable
The provisions of sections 37-87-101 to 37-87-108 and 37-87-114 to 37-87-115, C.R.S., shall not apply to livestock water tanks of the character defined in section 35-49-103. Source: L. 41: p. 525, § 3. CSA: C. 160, § 228. CRS 53: § 8-17-3. C.R.S. 1963: § 8-17-3. L. 86: Entire section amended, p. 1092, § 3, […]
§ 35-49-105. Not Used for Irrigation
No livestock water tanks constructed under the provisions of this article shall be used for irrigation purposes, and nothing contained in this article shall be construed as conferring upon the owner of any such livestock water tank a priority of use superior to any vested water right or to an adjudicated appropriation of water pursuant […]
§ 35-49-106. Plans Submitted to State Engineer
Anyone proposing to construct a dam for the creation of a livestock water tank, as described in section 35-49-103, shall submit to the state engineer for approval an application on a form provided by the state engineer showing the general location of such proposed dam with reference to section, township, and range, location and dimensions […]
§ 35-49-107. Construction Requirements
The state engineer shall examine each application submitted and, if the state engineer approves the same, shall return one copy of each such application with the approval of the state engineer thereon to the person submitting the same and file the other copy at the office of the state engineer. If the state engineer disapproves […]
§ 35-49-108. State Engineer to Inspect Dam
When such a dam is completed the state engineer shall be notified of such completion and, thereafter, may inspect said stock water tank. If the state engineer finds that the construction fails to conform with the application approved by the state engineer, it then becomes the duty of the owner of such dam to make […]
§ 35-49-109. Priority Determined – How
The state engineer’s certificate of approval of a livestock water tank on each normally dry stream and its tributaries shall be chronologically numbered in the order of approval and in concert with any erosion control dams approved pursuant to section 37-87-122, C.R.S. Priority of right as between such tanks located on or within the watershed […]
§ 35-49-110. Standard Plans – Publication
The state engineer shall prepare and keep in file at the office of the state engineer standard plans, drawings, and specifications for livestock water tanks, 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 tanks. Publication of these plans […]
§ 35-49-111. When Conduits Not Required
Where, in the judgment of the state engineer, tanks upon any stream and its tributaries do not require conduits for purposes of safety or the protection of prior livestock water tank rights, it is lawful for the state engineer to approve an application not calling for conduits. Nothing in this section shall abrogate the right […]
§ 35-49-112. Fees Deposited in General Fund
Each application for a livestock water tank submitted to the state engineer under the provisions of this article shall be accompanied by a fee of fifteen dollars. This fee shall be deposited by the state engineer with the state treasurer who shall credit all such fees to the general fund of the state. Source: L. […]
§ 35-49-115. Penalty
The owner of any dam or reservoir failing to comply with the provisions of this article shall be subject to a penalty of not more than twenty-five dollars nor less than five dollars, to be recovered and disposed of as are fines for violations of section 37-87-114, C.R.S. Source: L. 41: p. 529, § 15. […]
§ 35-49-116. Appropriation – Transfer of Funds
The general assembly shall annually appropriate from the general fund moneys for the administration of this article. Source: L. 61: p. 185, § 2. CRS 53: § 8-17-16. C.R.S. 1963: § 8-17-16.