When any corporation, in defiance or by attempted evasion of the provisions of sections 37-85-101 and 37-85-108 to 37-85-111, after tender of the compensation, refuses to deliver water, such as is mentioned in section 37-85-110, to any person lawfully entitled to apply for water, it is the duty of the attorney general, upon request of the board of county commissioners of the proper county or upon his or her otherwise receiving due notice thereof, to institute and prosecute to judgment and final determination proceedings in the nature of quo warranto for the forfeiture of the corporate rights, privileges, and franchises of any such corporation so offending or by mandamus or other proper proceedings to compel it to do its duty in that behalf.
Source: L. 1887: p. 310, § 4. R.S. 08: § 3274. C.L. § 1750. CSA: C. 90, § 148. CRS 53: § 147-8-10. C.R.S. 1963: § 148-8-10. L. 2016: Entire section amended, (HB 16-1094), ch. 94, p. 269, § 22, effective August 10.
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