§ 35-49-107 — Construction requirements

(1) 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 such application, or
any part thereof, the same shall be returned to the applicant for correction and
revision. In cases where the state engineer deems it necessary, before approval
thereof, the state engineer may inspect the proposed water tank site and make
such independent investigation as necessary. Whether the state engineer approves
such application, or disapproves it and returns the same for correction and revision,
the state engineer shall act within fifteen days after the application is submitted.
Until the approval by the state engineer of an application has been obtained, the
construction of such dam is prohibited.

(2) The provisions of this section and section 35-49-112 specifying approval
by the state engineer and providing a fee therefor shall not apply to dams having a
vertical height not exceeding five feet from the bottom of the channel to the
bottom of the spillway and which impound not more than two acre feet of water.

(3) Anyone proposing to construct a dam for the creation of a livestock water
tank, as described in section 35-49-103, shall comply with section 35-49-106. Every
owner of a proposed reservoir for stock watering purposes who desires to obtain a
priority number for such structure shall comply fully with all pertinent provisions of
this article.

Legislative History

Source: L. 41: p. 526, � 7. CSA: C. 160, � 232. CRS 53: � 8-17-7. C.R.S. 1963: � 8-17-7. L. 92: Entire section amended, p. 2305, � 2, effective June 3.