Colorado § 37-84-112 - Headgates - specifications - failure to maintain - penalty.

§ 37-84-112. Headgates - specifications - failure to maintain - penalty.

(1) The owners of any irrigation ditch, canal, flume, or reservoir in this state, taking water from any stream, shall erect where necessary and maintain in good repair, at the point of intake of such ditch, canal, flume, or reservoir, a suitable and proper headgate of height and strength and with embankments sufficient to control the water at all ordinary stages and suitable and proper measuring flumes, weirs, and devices and shall also erect and maintain in good repair suitable wastegates where necessary in connection with such ditch, canal, flume, or reservoir intake. The framework of such headgate shall be constructed of timber not less than four inches square, and the bottom, sides, and gate shall be of plank not less than two inches in thickness, or said gate may be made of other material of equal strength and durability or may be made and constructed upon plans and specifications approved by the state engineer. No such headgate shall be deemed complete until provided with suitable locks and fastenings (except when the division engineer deems such locks and fastenings unnecessary therefor) and keys therefor are delivered to the division engineer of the division who has control thereof during the seasons of the distribution of water.

(2) If the owners of any such irrigation ditch, canal, flume, or reservoir fail or neglect to erect or maintain in good repair said headgate, measuring flume, weir, or devices, in the manner and form provided in this section, then the state engineer or division engineer, upon ten days' previous notice in writing, duly served upon such owners, or upon any agent or employee representing them or controlling such ditch, canal, flume, or reservoir, shall refuse to deliver any water from such stream to such owners, or to such ditch, canal, flume, or reservoir, until such owners erect or repair the headgate, measuring flume, weirs, or devices of such ditch, canal, flume, or reservoir. The owners of all such ditches, canals, flumes, or reservoirs shall be liable for all damages resulting from their neglect or refusal to comply with the provisions of sections 37-84-112 to 37-84-117. Such owners who divert water from any such stream and into any such ditch, canal, flume, or reservoir contrary to the orders of the state engineer or division engineer are guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, and each day of violation shall be deemed a separate offense.

Source: L. 01: p. 193, § 1. R.S. 08: § 3248. L. 11: p. 463, § 1. C.L. § 1727. CSA: C. 90, § 125. CRS 53: § 147-7-13. C.R.S. 1963: § 148-7-12. L. 69: p. 1220, § 9.

ANNOTATION

Law reviews. For note, "A Survey of Colorado Water Law", see 47 Den. L.J. 226 (1970).

This section requires every person diverting water for purposes of irrigation from the public domain, to erect and maintain a headgate. Boglino v. Giorgetta, 20 Colo. App. 338, 78 P. 612 (1904).

The provisions of this section are imperative. Seven Lakes Water Users' Ass'n v. Ft. Lyon Canal Co., 89 Colo. 515, 4 P.2d 1112 (1931).

Under this section an irrigation corporation is obligated to construct and maintain suitable diversion appliances, and is not relieved from such duty because its original headgate was destroyed by a flood due solely to an act of God. Seven Lakes Water Users' Ass'n v. Ft. Lyon Canal Co., 89 Colo. 515, 4 P.2d 1112 (1931).

Where a court decree directed the construction and maintenance of proper diversion works for a ditch, the contention of defendant that the cost thereof would be prohibitive, was held erroneous, and decree affirmed. Seven Lakes Water Users' Ass'n v. Ft. Lyon Canal Co., 89 Colo. 515, 4 P.2d 1112 (1931).

This section requires the owners of irrigating ditches taking water from any stream, to erect, maintain and keep in repair at the point of intake, a suitable and proper headgate. Boulder & Larimer County Irrigating & Mfg. Ditch & Reservoir Co. v. Culver, 63 Colo. 32, 164 P. 510 (1917).

This section gives the water officials power to compel the installation of a headgate, so that the water commissioner can regulate the flow into the ditch. Boulder & Larimer County Irrigating & Mfg. Ditch & Reservoir Co. v. Culver, 63 Colo. 32, 164 P. 510 (1917).

Although a headgate was present at the point of diversion, it failed to serve its purpose of controlling the water in the ditch. As such, the owner was required to comply with the order to install a suitable and proper headgate. Tatum v. People, 122 P.3d 997 (Colo. 2005).