§ 37-87-110 — Engineer may use force

The state engineer is authorized to use
such force as is necessary to perform the duties required of him in section 37-87-109 and to have and exercise all of the powers conferred upon the division engineer
by section 37-87-108. If, after any of such reservoirs have been examined by said
state engineer, the owners thereof, or any other person, fills or attempts to fill
them, or any of them, to a point in excess of the amount the state engineer has
determined to be safe, then it is the duty of the division engineer of the district
wherein such reservoir is located to proceed as directed by section 37-87-108. All
direct, actual, and necessary expenses incurred in performing any action authorized
by this section shall be recoverable by the state engineer from the owner of the
affected reservoir and if not reimbursed may be collected by action brought by the
state engineer in the district court of the county in which the reservoir, or part
thereof, is located.

Legislative History

Source: L. 1899: p. 316, � 6. R.S. 08: � 3210. C.L. � 1690. CSA: C. 90, � 88. CRS 53: � 147-5-10. C.R.S. 1963: � 148-5-10. L. 84: Entire section amended, p. 966, � 8, effective April 30.