Colorado § 37-87-105 Approval of plans for reservoir - notice of modification

Colorado Statutes

§ 37-87-105 — Approval of plans for reservoir - notice of modification

Colorado § 37-87-105

Title 37Water and

Art.Reservoirs

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Bluebook

Colo. Rev. Stat. § 37-87-105 (2026).

Text

(1)No dam shall be constructed in this state to impound water above the elevation of the natural surface of the ground for the purpose of creating a reservoir with a capacity of more than one hundred acre-feet of water or with a surface area at the high water line in excess of twenty acres or if the height of the dam will exceed ten feet measured vertically from the elevation of the lowest point of the natural surface of the ground, where that point occurs along the longitudinal centerline of the dam, up to the flowline crest of the spillway of the dam before plans and specifications for that dam have been filed in the office of the state engineer and approved by him in accordance with regulations established by the state engineer governing such structures.

(2)Repealed.

(3)I

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(1) No
dam shall be constructed in this state to impound water above the elevation of the
natural surface of the ground for the purpose of creating a reservoir with a capacity
of more than one hundred acre-feet of water or with a surface area at the high
water line in excess of twenty acres or if the height of the dam will exceed ten feet
measured vertically from the elevation of the lowest point of the natural surface of
the ground, where that point occurs along the longitudinal centerline of the dam, up
to the flowline crest of the spillway of the dam before plans and specifications for
that dam have been filed in the office of the state engineer and approved by him in
accordance with regulations established by the state engineer governing such
structures.

(2) Repealed.

(3) In making his determination for approval, the state engineer shall be
guided by dam, spillway, and construction regulations established pursuant to this
article. Such regulations may include less stringent requirements than those
dictated by consideration of probable maximum precipitation. The state engineer
shall issue his written decision regarding the approval of plans and specifications
within one hundred eighty days of submittal to him. The state engineer shall have
authority to require the material used and the work of construction to be
accomplished in accordance with regulations which the state engineer may
establish. No work shall be deemed complete until the state engineer furnishes to
the owners of such structures a written statement of acceptance, which statement
shall specify the dimensions of such dam and capacity of such reservoir. The state
engineer shall render his written decision regarding acceptance within sixty days of
written notification by the owner that construction has been completed.

(4) No alteration, modification, repair, or enlargement of a reservoir or dam
which will affect the safety of the structure shall be made without prior written
notice and approval in accordance with this section to the state engineer. General
maintenance, ordinary repairs, or emergency actions not impairing safety shall be
excluded from the terms of this subsection (4).

Legislative History

Source: L. 1899: p. 314, � 1. R.S. 08: � 3205. C.L. � 1685. L. 25: p. 330, � 1. CSA: C. 90, � 83. CRS 53: � 147-5-5. C.R.S. 1963: � 148-5-5. L. 77: Entire section amended, p. 1696, � 1, effective July 23. L. 79: Entire section amended, p. 1370, � 1, effective May 24. L. 83: Entire section amended, p. 1405, � 2, effective June 1. L. 84: (1), (3), and (4) amended and (2) repealed, pp. 964, 969, �� 4, 13, effective April 30.