§ 37-84-125 — Receipt of too much water

Colorado § 37-84-125

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Responsibility of User or Owner

Text

It is the duty of every such person,
taking water from any ditch, canal, or reservoir, to be used for irrigation purposes,
on finding that he is receiving more water from such ditch, canal, or reservoir, either
through his headgate or by means of leaks, or by any means whatsoever,
immediately to take steps to prevent his further receiving more water from such
ditch, canal, or reservoir than the amount to which he is entitled. If knowingly he
permits such extra water to come upon his land from such ditch, canal, or reservoir,
and does not immediately notify the owners of such ditch or take steps to prevent
its further flowing upon his land, he shall be liable to any person, company, or
corporation who may be injured by such extra appropriation of water, for the actual
damage sustained by the party aggrieved. The damages shall be adjudged to be
paid, together with the costs of suit, and a reasonable attorney's fee to be fixed by
the court and taxed with the costs.

Legislative History

Source: L. 1887: p. 312, � 2. R.S. 08: � 3261. C.L. � 1740. CSA: C. 90, � 138. CRS 53: � 147-7-26. C.R.S. 1963: � 148-7-25.