The state engineer is authorized to use such force as is necessary to perform the duties required of him in section 37-87-109 and to have and exercise all of the powers conferred upon the division engineer by section 37-87-108. If, after any of such reservoirs have been examined by said state engineer, the owners thereof, or any other person, fills or attempts to fill them, or any of them, to a point in excess of the amount the state engineer has determined to be safe, then it is the duty of the division engineer of the district wherein such reservoir is located to proceed as directed by section 37-87-108. All direct, actual, and necessary expenses incurred in performing any action authorized by this section shall be recoverable by the state engineer from the owner of the affected reservoir and if not reimbursed may be collected by action brought by the state engineer in the district court of the county in which the reservoir, or part thereof, is located.
Source: L. 1899: p. 316, § 6. R.S. 08: § 3210. C.L. § 1690. CSA: C. 90, § 88. CRS 53: § 147-5-10. C.R.S. 1963: § 148-5-10. L. 84: Entire section amended, p. 966, § 8, effective April 30.
Cross references: For the appointments and functions of water division engineers, see § 37-92-202.
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