Colorado § 37-89-103 - Penalty for interfering with adjusted headgates.
Full text of Colorado Colorado Revised Statutes § 37-89-103 — Penalty for interfering with adjusted headgates., with citation guidance and answers to common questions.
§ 37-89-103. Penalty for interfering with adjusted headgates.
(1) Every person who willfully and without authority opens, closes, changes, or interferes with any headgate of any ditch, or any water box or measuring device of any ditch for the receiving or delivery of water, after the headgate of the ditch has been adjusted by and is in the control of the division engineer, or after such water box or measuring device has been adopted by the ditch officer in charge commits a class 2 misdemeanor.
(2) Any person who is found using water taken through any such headgate, water box, or measuring device so unlawfully interfered with shall prima facie be deemed guilty of a violation of this section.
Source: L. 1879: p. 108, § 44. G.S. § 1755. L. 01: p. 196, § 1. R.S. 08: § 3497. C.L. § 1931. CSA: C. 90, § 348. CRS 53: § 147-16-3. C.R.S. 1963: § 148-16-3. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3292, § 679, effective March 1, 2022.
Cross references: For the appointments and functions of water division engineers, see § 37-92-202.
ANNOTATION
The county court has general jurisdiction in cases of misdemeanor including the offense of interference with a headgate. Lambert v. People, 78 Colo. 313, 241 P. 533 (1925).
In a prosecution for changing a headgate, the fact that some other person had previously interfered with it, gave defendant no right to interfere, unless possibly to restore it to the official setting. Lambert v. People, 78 Colo. 313, 241 P. 533 (1925).
The decrees of water priorities cannot be attacked in a criminal prosecution for interfering with headgates. Lambert v. People, 78 Colo. 313, 241 P. 533 (1925).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 37-89-103
What does Colorado Revised Statutes § 37-89-103 cover?
Section 37-89-103 ("Penalty for interfering with adjusted headgates.") 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 § 37-89-103?
A common citation format is "Colorado Revised Statutes § 37-89-103" (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 § 37-89-103 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.