§ 37-3-114 — Removal of structures

(1) For the accomplishment of the official
plan, the board of directors of any district has full power to improve in alignment,
section, grade, location, or any other manner any watercourse, and it may remove,
widen, lengthen, lower, raise, or otherwise change any public or private road bridge
or railroad bridge, or any flume, aqueduct, or telephone, telegraph, gas, oil, sewer,
water, or other pipelines, or any other construction over, across, in, into, under, or
through any such watercourse or may require the same to be done. The foregoing
shall apply to all such changes specified by the official plan or reasonably
necessary for the accomplishment of the same; but, if any such change is made
necessary in any construction because of the failure of the same to permit the free
flow of water in such stream in time of flood or to permit the necessary
enlargement or protection of the channel, then the owner of such construction shall
make such change and all adjustments of grade, roadway, track, approach, or other
construction incidental thereto, without cost to the district and without any claim
for damages against the district; but the district shall pay the cost of excavating
the earth for the enlargement of any channel or for placing earth for the filling of
any channel, where such excavation or filling is required as a part of the official
plan in making the changes outlined in this section. The district shall not be
required to make such fill or excavation unless the same would be necessary to the
official plan if the construction or work so changed did not exist.

(2) Before the removal, change, or modification of any work or construction
outlined in this section, the board of directors shall give notice to the owner thereof
requiring that the same be adapted to the official plan. In case such removals,
changes, or adjustments are not commenced and completed by the owner within
the respective times specified therefor in such notice, which time shall be
reasonable under all circumstances, such removals, changes, or adjustments may
be made by the district at the expense of the owner.

Legislative History

Source: L. 22: p. 28, � 20. C.L. � 9534. CSA: C. 138, � 145. CRS 53: � 30-3-13. C.R.S. 1963: � 29-3-13.