CHAPTER XXX. CONSTITUTIONAL PROVISIONS. Water, public property § 5, Art. 16. Diverting unappropriated water-Priority § 6, Art. 16. Sec. 5, Art. 16 Waters, public property. The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided. Sec. 6, Art. 16. Diverting unappropriated water—Priority. The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes. Sec. 7, Art. 16. Right of way for ditches, flumes. All persons and corporations shall have the right of way across public, private and corporate lands for the construction of ditches, canals and flumes for the purpose of conveying water for domestic purposes, for the irrigation of agricultural lands, and for mining and manufacturing purposes, and for drainage, upon payment of just compensation. Sec. 8, Art. 16. County Commissioners fix rates for water. The general assembly shall provide by law that the board of county commissioners in their respective counties, shall have power, when application is made to them by either party interested, to establish reasonable maximum rates to be charged for the use of water, whether furnished by individuals or corporations. CHAPTER XXXI. COLORADO CORPORATION IRRIGATION STATUTES. 1. Ditch companies §§ 988-997. 2. Flume and pipe line companies §§ 998-999. 3. Water Users' Associations §§ 1000-1001. I. DITCH COMPANIES. Section. 988. Additional statements in certificate. 989. Commencement and completion of work after organization. 990. Right of way-Prior rights protected. 991. Assessments by stockholders when levied. 992. Shall furnish water to whom-Rate. 993. Shall keep ditch in repair. 994. Penalty for damaging ditch, road, flume. 995. Consolidation of ditch companies. 996. Extension of tera. 997. Extension-Notice-Meeting-Vote-Certificate filed. 988. Additional statements in certificates. SEC. 144. When any three or more persons associate under the provisions of this chapter to form a corporation for the purpose of constructing a ditch, reservoir, pipe line, or any part thereof, for the purpose of conveying water from any natural or artificial stream, channel or source whatever, to any mines, mills or lands, or storing the same, they shall in their certificate, in addition to the matters required in section 2 of this chapter, specify as follows, viz.: The stream, channel or source from which the water is to be taken, the point or place at or near which the water is to be taken out, the location as near as may be, of any reservoir intended to be constructed, the line as near as may be, of any ditch or pipe line intended to be constructed, and the use to which the water is intended to be applied. [Laws 1891, p. 97. § 1.] [Section 2 referred to is section 847.] [Ditch company may take stock in telephone company, section 878.] 989. Commencement and completion of work after organization. SEC. 145. Any company formed under the provisions of this act for the purpose of constructing any ditch, flume, bridge, ferry or telegraph line, shall, within ninety days from the date of their certificate, commence work on such ditch, flume, bridge, ferry or telegraph line, as shall be named in the certificate, and shall prosecute the work with due diligence, until the same is completed, and the time of the completion of any such ditch, bridge, ferry or telegraph line shall not be extended beyond a period of two years from the time work was commenced as aforesaid; and any company failing to commence work within ninety days from the date of the certificate, or failing to complete the same within two years from the time of commencement as aforesaid, shall forfeit all right to the water so claimed, and the same shall be subject to be claimed by any other company; the time for the completion of any flume constructed under the provisions of this act shall not be extended beyond a period of four years; Provided, This section shall not apply to any ditch or flume for mining or other purposes, constructed through and upon any grounds owned by the corporation; And provided, further, That any company formed under the provisions of this act to construct a ditch for domestic, agricultural, irrigating, milling and manufacturing purposes, or any or either thereof, shall have three years from the time of commencing work thereon within which to complete the same, but no longer. [Laws 1864, p. 61, § 42.1 990. Right of way-Prior rights protected. SEC. 146. Any ditch, reservoir or pipe line company formed under the provisions of this chapter, shall have the right of way over the line named in the certificate, and shall also have the right to run water from the stream, channel or water source, whether natural or artificial, named in the certificate through its ditch or pipe-line, and store the same in any reservoir of the company when not needed for immediate use; Provided, That the line proposed shall not interfere with any other ditch, pipe-line or reservoir, having prior rights, except the right to cross by pipe or flume; nor shall the water of any stream, channel or other water course, whether natural or artificial, be diverted from its original channel or source, to the detriment of any person or persons having priority of right thereto, but this shall not be construed to prevent the appropriation and use of any water not theretofore utilized and applied to beneficial uses. [Laws 1891, p. 98. § 2.] 991. Assessment by stockholders-When levied. SEC. 147. Any corporation owning any ditch or canal for conveying, or reservoir for storing water for irrigating purposes, and the capital stock being fully subscribed and paid up, and when such corporation shall have no income sufficient to keep its ditch, canal or reservoir in good repair, such corporation shall have power to make an assessment on the capital stock thereof, to be levied, pro rata, on the shares of stock, payable in money, or labor, or both, for the purpose of keeping the property of such corporation in good repair and for the payment of any claim against such corporation not otherwise provided for. But no such assessment shall be made unless the question of making such assessment shall first be submitted to the stockholders of such corporation, at an annual meeting, or at a special meeting called for that purpose, and a majority of the stockholders, either in person or by proxy, voting thereon, shall vote in favor of making such assessments, and an action may be maintained to recover any assessment against any delinquent shareholder, as provided in section five (5) of this act. [G. S. § 310. G. L. § 276.] [Section 5 referred to is found as amended in section 850.] 992. Shall furnish water to whom-Rate. SEC. 148. Any company constructing a ditch under the provisions of this act, shall furnish water to the class of persons using the water in the way named in the certificate, in the way the water is designated to be used, whether miners, mill-men, farmers or for domestic use, whenever they shall have water in their ditch unsold, and shall at all times give the preference to use of the water in said ditch to the class named in the certificate; the rates at which water shall be furnished to be fixed by the county commissioners, as soon as such ditch shall be completed and prepared to furnish water. [G. S. § 311. G. L. § 277.1 [For power of county commissioners to fix water rate, see sections 3262-3275.] 993. Shall keep ditch in repair. SEC. 149. Every ditch company organized under the provisions of this act shall be required to keep their ditch in good condition so that the water shall not be allowed to escape from the same to the injury of any mining claim, read, ditch, or other property; and whenever it is necessary to convey any ditch over, across, or above any lode or mining claim, or to keep the water so conveyed therefrom, the company shall, if necessary to keep the water of said ditch out, or from any claim, flume the ditch so far as necessary to protect such claim or property from the water of said ditch. [G. S. § 312. G. L. § 278.] 994. Penalty for damaging road, ditch or flume. SEC. 150. Any person who shall wilfully or maliciously damage or interfere with any road, ditch, flume, bridge, ferry, railroad or telegraph line, or any of the fixtures, tools, implements, appurtenances or any property of any company which may be organized under the provisions of this act, upon conviction thereof before any court of competent jurisdiction in the county where the offense shall have been committed, shall be deemed guilty of a misdemeanor, and shall be punished by fine or imprisonment, or both, at the discretion of the court, said imprisonment not to exceed one year, and said fine not to exceed five hundred dollars, which fine shall be paid into the county treasury for the use of the common schools, and said offender shall also pay all damages that any such corporation may sustain, together with costs of suit. [Law's 1864, p. 62, § 45.] 995. Consolidation of ditch companies. SEC. 151. Companies organized under the laws of this state holding ditches or canals by virtue of their organization, which derive their supply of water for their respective ditches or canals from the same head gate or gates, or the same source or sources of supply, may consolidate their interests and unite their respective companies under one name and management, by filing a certificate of that fact in the office of the secretary of this state, and a counterpart thereof in the office of the recorder of the county or counties in which such ditches or canals are situated; which certificate shall be signed by the presidents of the companies so uniting, with the common seals of the companies affixed thereto; and shall set forth the fact of such union of interests, and give the name of the new company thus formed. [Laws 1876, p. 68, § 1.] 996. Extension of term of ditch companies. SEC. 152. When the term of years for which any corporation which has been, or may hereafter be, incorporated as a ditch company for the purpose of carrying water for irrigation purposes, or, as a reservoir company for the storage of water for irrigation purposes, has expired, or, is about to expire by lawful limitation, and such corporation has not been administered upon as an expired corporation or gone into liquidation and settlement and division of its affairs, it may have its term of incorporation extended and continued, the same as if originally incorporated, as hereinafter provided. [Laws 1891, p. 96, § 1.] |