§ 37-84-118 — Ditch owners to provide flow - when

Every person or company
owning or controlling any canal or ditch used for the purposes of irrigation and
carrying water for pay, when demanded by the users from April 1 until November 1
in each year, shall keep a flow of water therein, so far as may be reasonably
practicable for the purpose of irrigation, sufficient to meet the requirements of all
such persons as are properly entitled to the use of water therefrom, to the extent, if
necessary, to which such person may be entitled to water and no more. Whenever
the rivers or public streams or sources from which the water is obtained are not
sufficiently free from ice, or the volume of water therein is too low and inadequate
for that purpose, then such canal or ditch shall be kept with as full a flow of water
therein as may be practicable, subject, however, to the rights of priorities from the
streams or other sources, as provided by law, and the necessity of cleaning,
repairing, and maintaining the same in good condition.

Legislative History

Source: L. 1887: p. 304, � 1. L. 1893: p. 299, � 1. R.S. 08: � 3254. C.L. � 1733. CSA: C. 90, � 131. CRS 53: � 147-7-19. C.R.S. 1963: � 148-7-18.