§ 37-87-124 — Restriction of facilities within reservoirs

Colorado § 37-87-124

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Reservoirs

Text

(1) The general
assembly hereby declares that the prevention of seasonal flooding which causes
destruction of property and crops, loss of livestock, and risk or loss of human life is
manifestly of greater concern and benefit to this state than the availability of
recreational facilities and other facilities, not functionally related to the operation
of the reservoir, constructed below the high water level of a reservoir.

(2) In order to achieve the purposes of subsection (1) of this section, no
person, including any state or federal agency, quasi-municipal corporation, or
political subdivision, shall construct any permanent recreational structure within a
reservoir below the elevation at the crest of the spillway of the reservoir unless
such facility is constructed in such a manner as to withstand partial or complete
inundation and sustain minimal or no damage thereby or unless such facility is
necessary to the operation of the reservoir. Said facility should be capable of being
restored to full recreational use with a minimum amount of cleaning or expense.
This subsection (2) and subsection (3) of this section shall not apply to facilities
completed before July 1, 1984, but shall apply to any enlargement or remodeling of
such facilities.

(3) The state engineer shall order the removal of any facilities constructed,
enlarged, or remodeled in violation of this section. Such order may be appealed by
the affected person or enforced by the state engineer pursuant to article 4 of title
24, C.R.S.

Legislative History

Source: L. 84: Entire section added, p. 970, � 1, effective April 2.