Colorado § 37-88-109 County control of reservoirs

Colorado Statutes

§ 37-88-109 — County control of reservoirs

Colorado § 37-88-109

Title 37Water and

Art.State Canals and Reservoirs

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Bluebook

Colo. Rev. Stat. § 37-88-109 (2026).

Text

(1)The board of county commissioners of any county wherein is situated any state reservoir shall have charge and control of such reservoir and, without expense to the state of Colorado, other than expenses payable from the Colorado water conservation board construction fund and such financial assistance or other aid as may be available to non-state-owned reservoirs, shall maintain and keep said reservoir in good condition and provide for the storage of water as contemplated in the law providing for the construction of said reservoir and also for the distribution of said water under the direction of the division engineer for the district in which said reservoir is situated, at such times as the scarcity of water in the stream which such reservoir is intended to reinforce demands

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(1) The board of county
commissioners of any county wherein is situated any state reservoir shall have
charge and control of such reservoir and, without expense to the state of Colorado,
other than expenses payable from the Colorado water conservation board
construction fund and such financial assistance or other aid as may be available to
non-state-owned reservoirs, shall maintain and keep said reservoir in good
condition and provide for the storage of water as contemplated in the law providing
for the construction of said reservoir and also for the distribution of said water
under the direction of the division engineer for the district in which said reservoir is
situated, at such times as the scarcity of water in the stream which such reservoir is
intended to reinforce demands that the water in said stream should be replenished
for agricultural purposes; except that said waters shall be distributed by said
division engineer pro rata without reference to priority of water rights and also
except that the counties in which said reservoirs are situated shall assume and
shall be held responsible for any damages resulting from breakage of the dams or
water discharges therefrom. The provisions of this section shall not apply to any
state reservoir constructed primarily for the purpose of irrigating state lands, but
any such reservoir shall remain in the control of the state board of land
commissioners.

(2) In the case of reservoirs owned by the division of parks and wildlife, the
state engineer or the division engineer in the district in which such reservoirs are
located shall have the authority to cause the release of water stored therein for
domestic and municipal purposes in time of scarcity. All expenses occasioned by
the release of such waters for said purposes shall be borne by the counties or the
beneficiaries of such releases, and said reservoirs, when refilled in priority, shall be
restocked at the expense of the county or the beneficiary of said release.

Legislative History

Source: L. 1899: p. 350, � 1. R.S. 08: � 3562. C.L. � 1959. CSA: C. 90, � 376. CRS 53: � 147-17-16. C.R.S. 1963: � 148-17-16. L. 81: Entire section amended, p. 1781, � 2, effective June 19.