§ 37-85-108 — Bonus deemed an extortionate rate

(1) It shall not be lawful for
any person owning or controlling, or claiming to own or control, any ditch, canal, or
reservoir carrying or storing, or designed for the carrying or storing of, any water
taken from any natural stream or lake within this state, to be furnished or delivered
for compensation for irrigation, mining, milling, or domestic purposes, to persons
not interested in such ownership or control, to demand, bargain for, accept, or
receive from any person who may apply for water for any of the aforesaid purposes
any money or other valuable thing whatsoever, or any promise or agreement
therefor, directly or indirectly, as royalty, bonus, or premium prerequisite or
condition precedent to the right or privilege of applying, or bargaining for, or
procuring such water. Such water shall be furnished, carried, and delivered upon
payment or tender of the charges fixed by the board of county commissioners of
the proper county, as is provided by law.

(2) Any moneys, and every valuable thing, or consideration of whatsoever
kind, which is so demanded, charged, bargained for, accepted, received, or retained,
contrary to the provisions of this section, shall be deemed an additional and corrupt
rate, charge, or consideration for the water intended to be furnished and delivered
therefor, or because thereof, and wholly extortionate and illegal; and, when paid,
delivered, or surrendered may be recovered by the party paying, delivering, or
surrendering the same from the party to whom, or for whose use, the same has
been paid, delivered, or surrendered, together with costs of suit, including
reasonable fees of attorneys of plaintiff, by proper action in any court having
jurisdiction.

Legislative History

Source: L. 1887: p. 308, � 1. R.S. 08: � 3271. C.L. � 1747. CSA: C. 90, � 145. CRS 53: � 147-8-7. C.R.S. 1963: � 148-8-7.