[ Editor's note: This version of this section is effective until March 1, 2022. ] 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 him 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 him, 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, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or by imprisonment in the county jail for not less than three months nor more than one year, or by both such fine and imprisonment.
Structure Colorado Code
Title 37 - Water and Irrigation
Article 85 - Charge for Delivery of Water
§ 37-85-101. "Person" Defined - Liability
§ 37-85-102. Right to Continue Purchasing Water
§ 37-85-103. County Commissioners to Hear and Consider Applications
§ 37-85-104. Commissioners to Appoint Day for Hearing
§ 37-85-105. Order Fixing Date of Hearing
§ 37-85-106. Hearing - Testimony - Maximum Rates
§ 37-85-108. Bonus Deemed an Extortionate Rate
§ 37-85-109. Penalty for Collecting Excessive Rate
§ 37-85-109. Penalty for Collecting Excessive Rate
§ 37-85-110. Penalty for Refusal to Deliver Water
§ 37-85-110. Penalty for Refusal to Deliver Water
§ 37-85-111. Action When Corporation Refuses to Deliver Water