Colorado § 31-35-101 - Powers - canals - water rights - diversion - ratification of prior rights.

§ 31-35-101. Powers - canals - water rights - diversion - ratification of prior rights.

(1) Any municipality in this state, for the purpose of supplying said municipality and the inhabitants thereof with water, has the power under this part 1:

(a) To purchase or lease any canal or ditch constructed, with all the rights, privileges, and franchises of any person owning or having any interest in or right to the same, and to hold and operate the said canals and ditches in the same manner as the persons from which the same is purchased or leased if a majority of the registered electors of such municipality voting at any regular election vote in favor of said purchase;

(b) To repair, improve, or enlarge any canal or ditch which is leased or purchased or any flume, dam, or gate connected therewith and for such purposes to levy and collect taxes as other taxes are levied and collected by law;

(c) To purchase water and water rights in all cases where condemnation would lie to obtain the same under section 31-15-708 (1)(b);

(d) To divert the waters acquired by purchase to the amount and extent lawfully appropriated prior to said purchase;

(e) To purchase and hold the lands with which said water right is connected when deemed necessary and proper by the governing body, whether the same are within or beyond the municipal limits, or to lease or sell such lands when deemed advisable by said governing body.

(2) Any municipality making a purchase or lease of any canal or ditch shall thereby assume all obligations and other duties which by law devolve upon the owner of such ditch or canal and from whom the same may be acquired by the powers of this section.

(3) The right to hold and retain water rights, or such lands and water rights as have been purchased by any municipality in this state prior to April 2, 1891, for the purpose of providing water for the use thereof or that of its inhabitants, the right to divert the water belonging to such rights to the use of such municipality and the inhabitants thereof, and the right to sell and dispose of such lands so purchased separate and apart from the water rights, as provided in paragraph (e) of subsection (1) of this section, are hereby given, ratified, and confirmed to such municipality.

Source: L. 75: Entire title R&RE, p. 1245, § 1, effective July 1. L. 2010: (1)(e) amended, (SB 10-181), ch. 373, p. 1745, § 1, effective August 11.

Editor's note: This section is similar to former §§ 31-35-101 to 31-35-105 as they existed prior to 1975.