Colorado § 37-86-111 Head of ditch may be relocated

Colorado Statutes

§ 37-86-111 — Head of ditch may be relocated

Colorado·Title 37 Water and·Art. Rights-of-way and Ditches

(1)In case the channel of a natural stream becomes so cut out, lowered, turned aside, or otherwise changed from any cause as to prevent any ditch, canal, or feeder of any reservoir from receiving the proper inflow of water to which it may be entitled from the natural stream, the owners of the ditch, canal, or feeder have the right to relocate the head of the ditch, canal, or feeder to such distance to the stream that supplies it as may be necessary for securing a sufficient flow of water into the ditch, canal, or feeder. For that purpose they have the same right to maintain proceedings for condemnation of a right-of-way for the relocation as in the case of constructing a new ditch. The priority of right to take water from a stream through such ditch, canal, or feeder remains una

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(1) In case the channel of a
natural stream becomes so cut out, lowered, turned aside, or otherwise changed
from any cause as to prevent any ditch, canal, or feeder of any reservoir from
receiving the proper inflow of water to which it may be entitled from the natural
stream, the owners of the ditch, canal, or feeder have the right to relocate the head
of the ditch, canal, or feeder to such distance to the stream that supplies it as may
be necessary for securing a sufficient flow of water into the ditch, canal, or feeder.
For that purpose they have the same right to maintain proceedings for
condemnation of a right-of-way for the relocation as in the case of constructing a
new ditch. The priority of right to take water from a stream through such ditch,
canal, or feeder remains unaffected in any respect by reason of the relocation; but
the relocation must not physically interfere with the complete use or enjoyment of
any absolute or decreed conditional water right.

(2) If an owner of a water right relocates a surface diversion structure to a
new surface point of diversion in compliance with subsection (1) of this section, the
owner does not need to file a change of water right application for the new surface
point of diversion.

Colorado § 37-86-111 (Head of ditch may be relocated) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 1881: p. 161, � 1. G.S. � 1719. R.S. 08: � 3173. C.L. � 1633. CSA: C. 90, � 16. CRS 53: � 147-3-11. C.R.S. 1963: � 148-3-11. L. 2014: Entire section amended, (HB 14-1005), ch. 198, p. 725, � 1, effective May 15.