Colorado § 37-84-112 Headgates - specifications - failure to maintain - penalty

Colorado Statutes

§ 37-84-112 — Headgates - specifications - failure to maintain - penalty

Colorado·Title 37 Water and·Art. Responsibility of User or Owner

(1)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 water at all ordinary stages and suitable and proper measuring flumes, weirs, and devices and shall also erect and maintain in good repair suitable wastegates where necessary in connection with such ditch, canal, flume, or reservoir intake. The framework of such headgate shall be constructed of timber not less than four inches square, and the bottom, sides, and gate shall be of plank not less than two inches in thickness, or said gate may be made of

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(1)
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
water at all ordinary stages and suitable and proper measuring flumes, weirs, and
devices and shall also erect and maintain in good repair suitable wastegates where
necessary in connection with such ditch, canal, flume, or reservoir intake. The
framework of such headgate shall be constructed of timber not less than four
inches square, and the bottom, sides, and gate shall be of plank not less than two
inches in thickness, or said gate may be made of other material of equal strength
and durability or may be made and constructed upon plans and specifications
approved by the state engineer. No such headgate shall be deemed complete until
provided with suitable locks and fastenings (except when the division engineer
deems such locks and fastenings unnecessary therefor) and keys therefor are
delivered to the division engineer of the division who has control thereof during the
seasons of the distribution of water.

(2) If the owners of any such irrigation ditch, canal, flume, or reservoir fail or
neglect to erect or maintain in good repair said headgate, measuring flume, weir, or
devices, in the manner and form provided in this section, then the state engineer or
division engineer, upon ten days' previous notice in writing, duly served upon such
owners, or upon any agent or employee representing them or controlling such ditch,
canal, flume, or reservoir, shall refuse to deliver any water from such stream to
such owners, or to such ditch, canal, flume, or reservoir, until such owners erect or
repair the headgate, measuring flume, weirs, or devices of such ditch, canal, flume,
or reservoir. The owners of all such ditches, canals, flumes, or reservoirs shall be
liable for all damages resulting from their neglect or refusal to comply with the
provisions of sections 37-84-112 to 37-84-117. Such owners who divert water from
any such stream and into any such ditch, canal, flume, or reservoir contrary to the
orders of the state engineer or division engineer are guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine of not more than five hundred
dollars, and each day of violation shall be deemed a separate offense.

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Legislative History

Source: L. 01: p. 193, � 1. R.S. 08: � 3248. L. 11: p. 463, � 1. C.L. � 1727. CSA: C. 90, � 125. CRS 53: � 147-7-13. C.R.S. 1963: � 148-7-12. L. 69: p. 1220, � 9.