Colorado § 37-85-110 - Penalty for refusal to deliver water.
Full text of Colorado Colorado Revised Statutes § 37-85-110 — Penalty for refusal to deliver water., with citation guidance and answers to common questions.
§ 37-85-110. Penalty for refusal to deliver water.
Every person owning or controlling, or claiming to own or control, any ditch, canal, or reservoir, such as is mentioned in section 37-85-108, who, after demand in writing made upon the person for the supply or delivery of water for irrigation, mining, milling, or domestic purposes, to be delivered from the canal, ditch, or reservoir, owned, possessed, or controlled by the person, and after tender of the lawful rate of compensation therefor in lawful money, refuses to furnish or carry and deliver from such ditch, canal, or reservoir any water so applied for, which water may be by use of reasonable diligence in that behalf and, within the carrying or storage capacity of such ditch, canal, or reservoir, be lawfully furnished and delivered without infringement of prior rights commits a class 2 misdemeanor.
Source: L. 1887: p. 309, § 3. R.S. 08: § 3273. C.L. § 1749. CSA: C. 90, § 147. CRS 53: § 147-8-9. C.R.S. 1963: § 148-8-9. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3291, § 676, effective March 1, 2022.
ANNOTATION
When a ditch company has water subject to its control, bona fide applicants are entitled to its use for irrigation purposes upon tender of the lawful rate for carriage and compliance with the reasonable rules of the carrier. Combs v. Agricultural Ditch Co., 17 Colo. 146, 28 P. 966 (1892); City & County of Denver v. Brown, 56 Colo. 216, 138 P. 44 (1914).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 37-85-110
What does Colorado Revised Statutes § 37-85-110 cover?
Section 37-85-110 ("Penalty for refusal to deliver water.") 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 § 37-85-110?
A common citation format is "Colorado Revised Statutes § 37-85-110" (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 § 37-85-110 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.