Colorado Revised Statutes

Colo. Rev. Stat. § 37-84-119 (2026)

Ditches to be kept in repair

✓ current as of July 2026
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The owners, or persons in control, of any canal or ditch used for irrigating purposes shall maintain the same in good order and repair, ready to receive water by April 1 in each year, so far as can be accomplished by the exercise of reasonable care and diligence, and shall construct the necessary outlets in the banks of the canal or ditch for a proper delivery of the water to persons having paid-up shares or who have rights to the use of water. A multiplicity of outlets in the canal or ditch shall at all times be avoided, so far as the same shall be reasonably practicable, and the location of the same shall be under the control of and shall be at the most convenient and practicable points consistent with the protection and safety of the ditch for the distribution of water among the various claimants thereof; and such location shall be under the control of a superintendent.

Source: L. 1887: p. 305, § 2. R.S. 08: § 3255. C.L. § 1734. CSA: C. 90, § 132. CRS 53: § 147-7-20. C.R.S. 1963: § 148-7-19.

Cross references: For requirement of keeping ditch in repair, see § 7-42-108.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2026 · leading case: Paquet v. Smith, 854 F. Supp. 2d 1003 (D. Colo. 2012).
Paquet v. Smith, 854 F. Supp. 2d 1003 (D. Colo. 2012). · cites it 2× “(Colo.Rev. Stat. § 37-84-119; G. Paquet Dep.”
Dauwe v. Fruitland (Colo. Ct. App. 2026). · cites it 10× “Claim Twenty-One: Violation of Section 37-84-119, C.R.S. 2025 ¶ 38 Under section 37-84-119, irrigation ditch owners must ensure irrigation ditches are maintained “in good order and repair, ready to receive water by April 1 in each year” and must deliver water “to persons having…”
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