Colorado § 37-87-109 - Complaint that reservoir is unsafe.
Full text of Colorado Colorado Revised Statutes § 37-87-109 — Complaint that reservoir is unsafe., with citation guidance and answers to common questions.
§ 37-87-109. Complaint that reservoir is unsafe.
Upon complaint being made to the state engineer by one or more persons residing or having property in such a location that their homes or property would be in danger of destruction or damage in the event of a flood occurring on account of the breaking of the embankment of any reservoir within the state, that said reservoir is in an unsafe condition, or that it is being filled with water to such an extent as to render it unsafe, it is the duty of the state engineer to forthwith examine said reservoir and determine the amount of water it is safe to impound therein. If, upon such examination, the state engineer finds that said reservoir is unsafe, or is being filled with water to such an extent as to render it unsafe, it is his duty to immediately cause said water to be drawn from said reservoir to such an extent as will, in his judgment, render the same safe. If water is then flowing into said reservoir, he shall cause it to be discontinued.
Source: L. 1899: p. 315, § 5. R.S. 08: § 3209. C.L. § 1689. CSA: C. 90, § 87. CRS 53: § 147-5-9. C.R.S. 1963: § 148-5-9. L. 71: p. 1307, § 2.
ANNOTATION
Whenever in the judgment of the state engineer, any of the structures become unsafe, it becomes his duty and the duty of the owners under his direction to draw off sufficient water or to otherwise prevent, if possible, overflow or breakage. Garnet Ditch & Reservoir Co. v. Sampson, 48 Colo. 285, 110 P. 79 (1910).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 37-87-109
What does Colorado Revised Statutes § 37-87-109 cover?
Section 37-87-109 ("Complaint that reservoir is unsafe.") 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 § 37-87-109?
A common citation format is "Colorado Revised Statutes § 37-87-109" (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 § 37-87-109 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.