Upon complaint being made to the state engineer by one or more persons residing or having property in such a location that their homes or property would be in danger of destruction or damage in the event of a flood occurring on account of the breaking of the embankment of any reservoir within the state, that said reservoir is in an unsafe condition, or that it is being filled with water to such an extent as to render it unsafe, it is the duty of the state engineer to forthwith examine said reservoir and determine the amount of water it is safe to impound therein. If, upon such examination, the state engineer finds that said reservoir is unsafe, or is being filled with water to such an extent as to render it unsafe, it is his duty to immediately cause said water to be drawn from said reservoir to such an extent as will, in his judgment, render the same safe. If water is then flowing into said reservoir, he shall cause it to be discontinued.
Source: L. 1899: p. 315, § 5. R.S. 08: § 3209. C.L. § 1689. CSA: C. 90, § 87. CRS 53: § 147-5-9. C.R.S. 1963: § 148-5-9. L. 71: p. 1307, § 2.
Structure Colorado Code
Title 37 - Water and Irrigation
§ 37-87-102. Definitions - Natural Streams and Use Thereof by Reservoir Owners
§ 37-87-103. Notice of Release of Stored Water
§ 37-87-104. Liability of Owners for Damage
§ 37-87-104.5. Notification of Ownership of Dam - When Person in Control Deemed Owner
§ 37-87-105. Approval of Plans for Reservoir - Notice of Modification
§ 37-87-107. Safety Inspections - Amount of Water to Be Stored
§ 37-87-108. Withdrawal of Excess Water
§ 37-87-108.5. Emergency Actions
§ 37-87-109. Complaint That Reservoir Is Unsafe
§ 37-87-110. Engineer May Use Force
§ 37-87-111. Expense of Examination
§ 37-87-112. Review of Action of State Engineer
§ 37-87-114. Penalty - Disposition of Fines
§ 37-87-114.5. Applicability of Provisions - Exemptions
§ 37-87-122. Erosion Control Dams
§ 37-87-124. Restriction of Facilities Within Reservoirs
§ 37-87-125. Notice of Intent to Construct Impoundment Structure