Colorado § 37-43-123 Title in seepage or waste waters

Colorado Statutes

§ 37-43-123 — Title in seepage or waste waters

Colorado·Title 37 Water and·Art. Irrigation Districts of 1905 and 1921

Whenever it appears
necessary, proper, or beneficial to the lands affected thereby to drain such lands or
any portion thereof on account of the irrigation which has been done, or which is
intended to be done under such laws, whether for the purpose of more beneficially
carrying on such irrigation, or increasing the available water supply of the district or
for any other purpose, whether the irrigation works have already been constructed
or not, it is the duty of the board of directors to provide for such drainage, and said
board and its officers, agents, and employees shall do all necessary and proper acts
for the construction, repair, maintenance, and management of drainage work for
such purposes. Any irrigation district shall have a first and preferred right to the
beneficial u

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Whenever it appears
necessary, proper, or beneficial to the lands affected thereby to drain such lands or
any portion thereof on account of the irrigation which has been done, or which is
intended to be done under such laws, whether for the purpose of more beneficially
carrying on such irrigation, or increasing the available water supply of the district or
for any other purpose, whether the irrigation works have already been constructed
or not, it is the duty of the board of directors to provide for such drainage, and said
board and its officers, agents, and employees shall do all necessary and proper acts
for the construction, repair, maintenance, and management of drainage work for
such purposes. Any irrigation district shall have a first and preferred right to the
beneficial use of all seepage, waste, and percolating waters flowing within said
district or collected and conveyed by drainage works constructed in any portion of
the lands of the district. Any segregated lands drained under the provisions of this
section and section 37-43-122 shall be immediately reinstated, placed upon the tax
roll by the county assessor, and taxed for irrigation district and drainage purposes,
and all of said lands shall bear their pro rata share of all bonded indebtedness of
such irrigation district. Any lands not included in said irrigation district before,
which are benefited by said drainage system, shall be assessed by the county
assessor and taxed for irrigation district and drainage purposes and shall bear a full
proportion of all of said irrigation district bonds and costs of drainage, in
accordance with the terms of payment specified by said district.