Colorado § 37-84-108 - Running excess of water forbidden.
Full text of Colorado Colorado Revised Statutes § 37-84-108 — Running excess of water forbidden., with citation guidance and answers to common questions.
§ 37-84-108. Running excess of water forbidden.
(1) During the summer season a person shall not run through his or her irrigating ditch any greater quantity of water than is absolutely necessary for irrigating, domestic, and stock purposes to prevent the wasting and useless discharge and running away of water.
(2) A person using an irrigating ditch or ditch system may use a tail ditch to return water to the stream in variable amounts as necessary to facilitate efficient operation of the ditch and delivery of water to persons served by the ditch or ditch system. The state engineer shall not require the delivery of any minimum amount of such water, except as required by court decree. Nothing in this section limits the state engineer's authority to administer water rights to prevent waste.
Source: L. 1876: p. 78, § 2. G.L. § 1386. G.S. § 1734. R.S. 08: § 3239. C.L. § 1720. CSA: C. 90, § 118. CRS 53: § 147-7-8. C.R.S. 1963: § 148-7-8. L. 2015: Entire section amended, (SB 15-055), ch. 54, p. 131, § 1, effective August 5.
ANNOTATION
Law reviews. For note, "A Survey of Colorado Water Law", see 47 Den. L.J. 226 (1970).
"Waste water" and "water which is being wasted" are entirely different things. Baumgartner v. Stremel, 178 Colo. 209, 496 P.2d 705 (1972).
A contract between a ditch company and landowner whereby the company agrees to furnish water to the landowner to irrigate a certain described tract of land, and which restricts the use of the water to the land specified, and limits the amount and time of its use to what is necessary and requisite for the purpose of irrigating the land specified, is not unreasonable and against public policy, but is valid and may be enforced against the landowner. Wright v. Platte Valley Irrigation Co., 27 Colo. 322, 61 P. 603 (1900).
Such a contract is intended to prevent the waste of water or a use of the same in excess of the necessities of the particular piece of land specified, and is directly in line with the policy of this section. Wright v. Platte Valley Irrigation Co., 27 Colo. 322, 61 P. 603 (1900).
This section does not provide a private right of action, and plaintiffs lacked standing to bring a claim. This section is to be administered exclusively by the state engineer. Byers Peak Props. v. Byers Peak Land & Cattle, 2026 CO 7, 583 P.3d 97.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 37-84-108
What does Colorado Revised Statutes § 37-84-108 cover?
Section 37-84-108 ("Running excess of water forbidden.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 37-84-108?
A common citation format is "Colorado Revised Statutes § 37-84-108" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 37-84-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.