Colorado § 38-23-101 - Liability of co-owners.
Full text of Colorado Colorado Revised Statutes § 38-23-101 — Liability of co-owners., with citation guidance and answers to common questions.
§ 38-23-101. Liability of co-owners.
All co-owners of unincorporated irrigating ditches shall pay for the necessary cleaning and repairing of such ditches in the proportion that their respective interests bear to the total expenses incurred in said cleaning and repairing. Any such co-owner may perform labor in cleaning and repairing such ditch equivalent in value to his share of such expenses. No co-owner shall be held liable for cleaning or repairing any ditch below the point from which he takes his portion of the water.
Source: L. 1893: p. 312, § 1. R.S. 08: § 4051. C.L. § 6468. CSA: C. 101, § 41. CRS 53: § 86-4-1. C.R.S. 1963: § 86-4-1.
ANNOTATION
Section is inapplicable to ditches owned by incorporated companies. Johnston v. Wanamaker Ditch Co., 95 Colo. 551, 38 P.2d 907 (1934).
Tenant entitled to contribution from cotenants. One tenant maintaining a ditch is entitled to contribution from his cotenants. Compton v. Knuth, 117 Colo. 523, 190 P.2d 117 (1948).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-23-101
What does Colorado Revised Statutes § 38-23-101 cover?
Section 38-23-101 ("Liability of co-owners.") 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 § 38-23-101?
A common citation format is "Colorado Revised Statutes § 38-23-101" (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 § 38-23-101 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.