Colorado § 37-81-102 - Officials charged with enforcement.

§ 37-81-102. Officials charged with enforcement.

It is the duty of the state engineer, the division engineers, and the water commissioners of this state to see that the waters of the state are available for the use and benefit of the citizens and inhabitants of the state for its growth, prosperity, and general welfare, and it is the further duty of said officials to prevent the waters thereof from being diverted, carried, conveyed, or transported by ditches, canals, pipes, conduits, natural streams, watercourses, or other means into other states for use therein unless there is specific authorization therefor, as provided in section 37-81-101. Upon its being brought to the knowledge of the state engineer of Colorado that any person, corporation, or association is unlawfully carrying or transporting any of such waters into any other state for use therein, or is intending so to do, it is his duty to immediately call the matter to the attention of the attorney general, in behalf of and in the name of the state, who shall apply to any district court or to the supreme court of the state of Colorado for such restraining orders or injunctions, both preliminary and final, as may be necessary to enforce the provisions of this section and section 37-81-101, and jurisdiction is conferred upon said courts for such purposes.

Source: L. 17: p. 539, § 2. C.L. § 1619. CSA: C. 90, § 2. CRS 53: § 147-1-2. C.R.S. 1963: § 148-1-2. L. 79: Entire section amended, p. 1365, § 2, effective May 31. L. 83: Entire section amended, p. 1411, § 2, effective June 3.

Cross references: For the appointments and functions of water division engineers, see § 37-92-202.

ANNOTATION

Water officials, charged with the duty of protecting and enforcing the rights of appropriators guaranteed by the constitution, statutes, and court decrees of Colorado, cannot plead, as excusing the discharge of that duty, a compact between states, which compact invades those rights without questioning the power of the state to grant them originally. La Plata River & Cherry Creek Ditch Co. v. Hinderlider, 93 Colo. 128, 25 P.2d 187 (1933).

The general assembly, in order to protect the rights of the state in our natural streams and their waters, and the interests which its citizens have acquired thereunder, may make a valid appropriation of money for the purpose of protecting and defending them. Stockman v. Leddy, 55 Colo. 24, 129 P. 220 (1912) (case decided prior to earliest source of this section).