theretofore entered in said court shall accordingly stand modified as to the matters contained in the said decree of change. [Laws 1903, p. 279, § 5.] 3231. Re-arguments, reviews and appeals. SEC. 67. Re-arguments and reviews of and appeals from decrees entered hereunder may be had as in the case of a statutory water adjudication; Provided, however, They be prayed within thirty days from the time of entering the decree complained of. [Laws 1903, p. 280, § 6.] [Sections 3226-3231 supersede sections 1 and 2, p. 235, L. '99, of which act section 3232 was section 3.] 3232. Owner may exchange or loan water right. SEC. 68. It shall be lawful, however, for the owners of ditches and water rights taking water from the same stream, to exchange with, and loan to, each other, for a limited time, the water to which each may be entitled, for the purpose of saving crops or of using the water in a more economical manner; Provided, That the owner or owners making such loan or exchange, shall give notice in writing signed by all the owners participating in said loan or exchange, stating that such loan or exchange has been made, and for what length of time the same shall continue, whereupon said water commissioner shall recognize the same in his distribution of water. [Laws 1899, p. 236, § 3.1 Section. II. DUTIES OF OWNERS. 3233. Owners shall maintain embankments-Tail ditch. 3234. Vested rights not impaired. 3235. Owner of ditch crossing highway must maintain bridge. Ditch must be bridged in three days-Duty of supervisor. 3236. 3237. Proceedings against owner for payment-Damages. 3238. Owner of ditch must prevent waste. 3239. Running excess of water forbidden. 3240. Penalty for violation of this act. 3241. When ditches in cities must be covered. 3242. Head of ditch to be latticed. 3243. 3244. 3245. 3246. 3247. Penalty for failure to cover and lattice. Owner maintain headgate-Size of timbers. Same-Liability of owner for neglect or refusal. Owner maintain headgates and wastegates-Effect of failure. 3248. Ditch owner maintain headgates and weirs. 3249. Owners of ditch or reservoir transferring water must maintain headgate and weirs-Effect of failure. 3250. Rating tables furnished commissioners. 3251. When water not to be stored in reservoirs-Gauge rods. 3252. Control of headgates and measuring weirs. 3253. Survey of reservoirs-Report-Gauge rods-Failure to comply. 3254. Ditch owners provide flow on demand of users. 3255. Ditches to be kept in repair-Outlets. 3260. 3258. 3259. Measurement of water. Bite for refusal or neglect to deliver water. 8260. No person to receive more water than he is entitled to. 3233. Owner shall maintain embankments-Tail ditch. SEC. 69. The owner or owners of any ditch for irrigation or other purposes, shall carefully maintain the embankments thereof, so that the waters of such ditch may not flood or damage the premises of others, and shall make a tail ditch, so as to return [For liability of co-owners in caring for ditch and their lien for expense see sections 4051-4060.] [Ditch companies must keep their ditch in repair. Section 993.] the water in such ditch with as little waste as possible into the stream from which it was taken. [G. L. § 1378.] [The above section is taken from G. S., '83, which gives its origin as L. '72, p. 144, section 1 and L. '76, p. 78, section 2.] 3234 Vested rights not impaired. SEC. 70. Nothing in this chapter contained shall be so construed as to impair the prior vested rights of any mill or ditch owner or other person to use the waters of any such water course. [G. S. § 1729; G. L., § 1378.] 3235. Owner of ditch crossing highway must maintain bridge. SEC. 71. Any ditch company constructing a ditch, or any individual having ditches for irrigation, or for other purposes, wherever the same be taken across any public highway or public traveled road, shall put a good substantial bridge, not less than fourteen feet in breadth, over such watercourse where it crosses said road. [G. S., § 1730; G. L., § 1381; R. S., p. 364, § 10.] 3236. Ditch must be bridged in three days-Duty of supervisor. SEC. 72. When any such ditch or watercourse shall be constructed across any public traveled road, and not bridged within three days thereafter, it shall be the duty of the supervisor of the road district to put a bridge over said ditch or watercourse, of the dimensions specified in section ten of this chapter, and call on the owner or owners of the ditch to pay the expenses of constructing such bridge. [G. S., § 1731; G. L., § 1382; R. S., p. 364, § 11.] [Section 10 referred to in last above section is section 3235.] 3237. Proceedings against owner for payment-Damages. SEC. 73. If the owner or owners of such ditch refuse to pay the bill of expenses so presented, the supervisor may go before any justice of the peace in the township or precinct, and make oath to the correctness of the bill, and that the owner or owners of the ditch refuse payment; and thereupon such justice of the peace shall issue a summons against such owner or owners, requiring him or them to appear and answer to the complaint of such supervisor in an action of debt for the amount sworn to be due, such summons to be made returnable and served, and proceedings to be had thereon as in other cases; and in case judgment shall be given against such owner or owners, the justice shall assess, in addition to the amount sworn to be due as aforesaid, the sum of ten dollars, as damages arising from the delay of such owner or owners, such judgment to be collected as in other cases, and to be a fund in the hands of the supervisor of roads, for the repairs of roads in such precinct or district. [G. S. § 1732; G. L., § 1383, R. S., p. 365, § 12.] 3238. Owner of ditch must prevent waste. SEC. 74. The owner of any irrigating or mill ditch shall carefully maintain and keep the embankments thereof in good repair, and prevent the water from wasting. [Law's 1876, p. 78, § 1.1 3239. Running excess of water forbidden. SEC. 75. During the summer season it shall not be lawful for any person or persons to run through his or their irrigating ditch any greater quantity of water than is absolutely necessary for irrigating his or their said land, and for domestic and stock purposes; it being the intent and meaning of this section to prevent the wasting and useless discharge and running away of water. [Laws 1876, p. 78, § 2.1 3240. Penalty for violation of this act. SEC. 76. Any person who shall wilfully violate any of the provisions of this act shall, on conviction thereof before any court having competent jurisdiction, be fined in a sum of not less than one hundred (100) dollars. Suits for penalties under this act shall be brought in the name of the people of the state of Colorado. [G. S., § 1735; G. L., § 1387; Laws 1876, p. 78. § 3.] [The Act above referred to embraces sections 3238-3240.] 3241. When ditches in cities must be covered. SEC. 77. That every corporation and company, whether created by special act, or organized under the general incorporation laws of this state, and every partnership, person or persons who now, or may at any time hereafter, own or control any canal or ditch, or any part thereof, being two feet in width or over, and carrying water to the depth of twelve inches or over, which canal or ditch, or any part thereof, is within the corporate limits of any city denominated in the law as of the first class, or any city exist ing by special charter of a population equal to or exceeding said cities of the first class, or any of the additions thereto, shall, at their own expense, within sixty days after this act shall have taken effect, confine, flume, and cover over, all or any part of such canal or ditch, whether located on or across private property, public highways or alleys in said city or additions thereto, in a reasonable and sufficient manner, and with such materials as will render such fluming or covering safe and a sure protection to the lives and property of the inhabitants of said city; and any such corporation, company, partnership, person or persons, shall at all times thereafter keep and maintain any and all such structures, confining, fluming and covering of such canal or ditch in good order and repair, at their own expense. [Laws 1887, p. 65. § 1.] [Cities of the first class embrace those with a population over 15,000, section 6532.1 3242. Head of ditch to be latticed. SEC. 78. Such corporation, company, partnership, person or persons, shall, at their own expense, safely and securely lattice or slat the head of such flume or covering with proper materials, so that persons or animals cannot accidentally enter such flume or covering at the head thereof, and pass or be carried down the current of said canal or ditch, and shall thereafter maintain and keep the same in good order and repair, at their own cost and expense. [Laws 1887, p. 65, § 2.] 3243. Penalty for failure to cover and lattice. SEC. 79. If any such corporation, company, partnership, person or persons, shall fail or refuse to comply with any of the provisions of the two preceding sections, such corporation, company, partnership, person or persons, shall forfeit and pay to the county, for the use of the common school fund, the sum of fifty dollars for each and every day such failure or refusal shall continue; to be recovered by a civil action in the name of the people of the state of Colorado, in any court of competent jurisdiction; Provided, That nothing in this act shall be construed to bar an action for special damages by any person who shall have suffered such damages by reason of any failure to comply with any of the provisions of this act. [Laws 1887, p. 65, § 3.] 3244. Owner maintain headgate-Size of timbers. SEC. 80. That the owner or owners of every irrigating ditch, flume or canal, in this state, shall be required to erect and keep |