§ 30-30-102 — Authority to remove obstructions in streams

Colorado § 30-30-102

• Jurisdiction: Colorado
• Title 30: Government
• Art.: Control of Streamflow

Text

(1) The board of
county commissioners of each county shall have authority within its respective
county, for flood control purposes only, to remove or cause to be removed any
obstruction to the channel of any natural stream which causes a flood hazard, and
for such purpose only the board of county commissioners shall have a right of
access to any such natural stream, which access shall be accomplished through
existing gates and lanes, if possible. Such authority includes the right to modify
existing diversion or storage facilities at no expense to the diverter of a water right,
but it shall in no way alter or diminish the quality or quantity of water entitled to be
received under any vested water right.

(2) Except in case of imminent flood danger, such right of access shall be
exercised only as follows:

(a) Upon five days' notice to the landowner and to the owner of any other
property or leasehold interest in the area to be inspected, including public utilities,
the board of county commissioners shall have a right of access to any natural
stream for the purpose of inspecting it and determining if there are obstructions to
its channel which create a flood hazard.

(b) If the board of county commissioners determines that there are
obstructions on the property owner's property which in its opinion create a flood
hazard, it shall give him written notice of those conditions. Thereafter the board of
county commissioners shall negotiate with the owner to reach agreement as to the
existence of such conditions and as to the procedures necessary for the elimination
thereof. If such agreement is reached, the owner, if he requests, shall be given a
reasonable time within which to eliminate such conditions himself, and such
agreement may provide for compensation to the owner for such work.

(c) If the board of county commissioners and the owner cannot reach such
agreement, then, unless the owner consents to access by the board of county
commissioners, the board of county commissioners shall have access only through
the institution of proceedings in the district court for a mandatory order compelling
the owner to permit access for the purposes specified in subsection (1) of this
section. In such court proceedings, it shall be appropriate for the court to consider
the necessity for and the reasonableness of the request of the board of county
commissioners for access and to award to the owner such payment, if any, as may
be proper to compensate him for damages to his property resulting from the flood
control work on his property as authorized by the board of county commissioners.

(d) Whenever such action occurs within the boundaries of a municipality, the
board of county commissioners shall consult with the governing body of that
municipality.

(3) Prior to the initiation of any flood control work under this article, the
board of county commissioners shall give the division of parks and wildlife written
notice, specifying the conditions which in its opinion create a flood hazard and the
location of such. This subsection (3) shall not apply in the case of imminent flood
danger.

Legislative History

Source: L. 74: Entire article added, p. 230, � 1, effective May 14.