Colorado § 37-89-101 Penalty for cutting or breaking gate, bank, or flume

Colorado Statutes

§ 37-89-101 — Penalty for cutting or breaking gate, bank, or flume

Colorado·Title 37 Water and·Art. Offenses

Any person
who knowingly and willfully cuts, digs, breaks down, or opens any gate, bank,
embankment, or side of any ditch, canal, flume, feeder, or reservoir, or who
knowingly and willfully breaks, cuts, checks, or otherwise interferes with the flow
of water in any drainage ditch, box drain, or tile drain, or any manhole, or other
opening in any box drain or tile drain, in which such person may be a joint owner, or
which may be the property of another, or in the lawful possession of another and
used for the purpose of drainage, irrigation, manufacturing, mining, or domestic
purposes, with intent to injure any person, association, or corporation, or for
personal gain, unlawfully, with intent of stealing, taking, or causing to run or pour
out of or into such ditch, canal, reservoir

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Any person
who knowingly and willfully cuts, digs, breaks down, or opens any gate, bank,
embankment, or side of any ditch, canal, flume, feeder, or reservoir, or who
knowingly and willfully breaks, cuts, checks, or otherwise interferes with the flow
of water in any drainage ditch, box drain, or tile drain, or any manhole, or other
opening in any box drain or tile drain, in which such person may be a joint owner, or
which may be the property of another, or in the lawful possession of another and
used for the purpose of drainage, irrigation, manufacturing, mining, or domestic
purposes, with intent to injure any person, association, or corporation, or for
personal gain, unlawfully, with intent of stealing, taking, or causing to run or pour
out of or into such ditch, canal, reservoir, feeder, flume, drainage ditch, box drain, or
tile drain any water for personal profit, benefit, or advantage, or with intent to
check or change the flow in any such ditch, canal, feeder, flume, drainage ditch, box
drain, or tile drain, to the injury of any other person, association, or corporation,
lawfully in the use of such water or of such ditch, canal, reservoir, feeder, flume,
drainage ditch, box drain, or tile drain commits a class 2 misdemeanor. The court
shall further order that such person make full restitution to the victim of the
person's conduct for the actual damages that were sustained. The amount of such
restitution shall be equal to the actual pecuniary damages sustained by the victim.
The court shall fix the manner and time in which such restitution shall be made.

Colorado § 37-89-101 (Penalty for cutting or breaking gate, bank, or flume) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 1881: p. 163, � 1. G.S. � 1759. R.S. 08: � 3495. L. 21: p. 476, � 1. C.L. � 1929. CSA: C. 90, � 346. CRS 53: � 147-16-1. C.R.S. 1963: � 148-16-1. L. 2001: Entire section amended, p. 988, � 1, effective August 8. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3291, � 678, effective March 1, 2022.