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Home » US Law » 2022 Colorado Code » Title 37 - Water and Irrigation » Article 84 - Responsibility of User or Owner

§ 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 […]

§ 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. Source: R.S. p. 364, § 8. G.L. § 1379. G.S. § 1729. R.S. 08: § 3234. C.L. § […]

§ 37-84-103. Bridge When Ditch Crosses Highway

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. Any […]

§ 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. Source: L. 13: p. 150, § 1. C.L. § 1718. CSA: C. […]

§ 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. Source: 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. […]

§ 37-84-108. Running Excess of Water Forbidden

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. A person using an irrigating ditch or ditch system may use a tail […]

§ 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. Source: L. 1876: p. 78, § 3. […]

§ 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, […]

§ 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 […]

§ 37-84-112. Headgates – Specifications – Failure to Maintain – Penalty

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 […]

§ 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 […]

§ 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 […]

§ 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 […]

§ 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, […]

§ 37-84-117. Reservoirs in Streams

The owners of any reservoir located upon or in the bed of any natural stream or through which any natural stream flows, for the purpose of storing or diverting water, at the expense of the owner, shall furnish a complete survey of the contour lines of the reservoir for the state engineer’s approval. Alternatively, in […]

§ 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, […]

§ 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 […]

§ 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. Source: L. 1887: p. 305, § 3. R.S. 08: § 3256. […]

§ 37-84-121. Penalty for Refusal to Deliver Water

[ Editor’s note: This version of this section is effective until March 1, 2022. ] 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 […]

§ 37-84-122. Division Engineer to Measure Water

[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any division engineer, or his deputy or assistant, who willfully neglects or refuses, after being called upon, to promptly measure water from the stream or other source of supply into the irrigating canals or ditches, in his division, according to […]