Every person or company owning or controlling any canal or ditch used for the purposes of irrigation and carrying water for pay, when demanded by the users from April 1 until November 1 in each year, shall keep a flow of water therein, so far as may be reasonably practicable for the purpose of irrigation, sufficient to meet the requirements of all such persons as are properly entitled to the use of water therefrom, to the extent, if necessary, to which such person may be entitled to water and no more. Whenever the rivers or public streams or sources from which the water is obtained are not sufficiently free from ice, or the volume of water therein is too low and inadequate for that purpose, then such canal or ditch shall be kept with as full a flow of water therein as may be practicable, subject, however, to the rights of priorities from the streams or other sources, as provided by law, and the necessity of cleaning, repairing, and maintaining the same in good condition.
Source: L. 1887: p. 304, § 1. L. 1893: p. 299, § 1. R.S. 08: § 3254. C.L. § 1733. CSA: C. 90, § 131. CRS 53: § 147-7-19. C.R.S. 1963: § 148-7-18.
Structure Colorado Code
Title 37 - Water and Irrigation
Article 84 - Responsibility of User or Owner
§ 37-84-101. Maintenance of Embankments and Tail Ditch
§ 37-84-102. Vested Rights Not Impaired
§ 37-84-103. Bridge When Ditch Crosses Highway
§ 37-84-106. Bridges Over Ditch - Maintenance
§ 37-84-107. Owner of Ditch Must Prevent Waste
§ 37-84-108. Running Excess of Water Forbidden
§ 37-84-109. Penalty for Violation of Sections
§ 37-84-110. Head of Ditch to Be Latticed
§ 37-84-111. Penalty for Failure to Cover and Lattice
§ 37-84-112. Headgates - Specifications - Failure to Maintain - Penalty
§ 37-84-113. Measuring Flumes - Construction
§ 37-84-114. Rating of Flumes and Weirs
§ 37-84-116. Control of Headgates and Weirs
§ 37-84-117. Reservoirs in Streams
§ 37-84-118. Ditch Owners to Provide Flow - When
§ 37-84-119. Ditches to Be Kept in Repair
§ 37-84-120. Measurement of Water
§ 37-84-121. Penalty for Refusal to Deliver Water
§ 37-84-121. Penalty for Refusal to Deliver Water
§ 37-84-122. Division Engineer to Measure Water
§ 37-84-122. Division Engineer to Measure Water
§ 37-84-123. Jurisdiction of County Court