§ 37-85-102 — Right to continue purchasing water

Colorado § 37-85-102

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Charge for Delivery of Water

Text

Any persons, acting jointly
or severally, who have purchased and used water for irrigation for lands occupied
by them from any ditch or reservoir, and have not ceased to do so for the purpose or
with intent to procure water from some other source of supply, have the right to
continue to purchase water to the same amount for their lands, on paying or
tendering the price thereof fixed by the board of county commissioners as provided
in sections 37-85-103 to 37-85-106 or, if no price has been fixed by them, the price
at which the owners of such ditch or reservoir may be then selling water or did sell
water during the then last preceding year. This section shall not apply to the case
of those who may have taken water as stockholders or shareholders after they have
sold or forfeited their shares or stock, unless they have retained a right to procure
such water by contract, agreement, or understanding and use between themselves
and the owners of such ditch and not then to the injury of other purchasers of water
from or shareholders in the same ditch.

Legislative History

Source: L. 1879: p. 96, � 3. G.S. � 1740. R.S. 08: � 3264. C.L. � 1741. CSA: C. 90, � 139. CRS 53: � 147-8-1. C.R.S. 1963: � 148-8-1.