Statement of Claim to Water Right, Irrigation Division No. 3., Water Distrcit No. II

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Page 1 itation /Title - S 37 -88 -108, Control of Boss lake reservoir 57936 CR.S.A. § 37 -88 -108 WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 37. WATER AND IRRIGATION WATER RIGHTS AND IRRIGATION RESERVOMS AND WATERWAYS ARTICLE 88. STATE CANALS AND RESERVOIRS Current through End of 2000 2nd Reg. Sass. ° 37 -88 -108. Control of Boss lake reservoir (1) The board of county commissioners of Chaffee county has charge and control of that certain state reservoir situated in ud county and commonly known as the Boss lake reservoir and, without expense to the state of Colorado, other than expenses . ayable from the Colorado water conservation board construction fund and such financial assistance or other aid as may be available to nonstate -owned reservoirs, shall maintain and keep said reservoir in good condition and provide for the storage of water as - Intemplated in the law providing for the construction of said reservoir and also for the distribution of said water under the direction of ie division engineer for the district in which said reservoir is situated, at such times as the scarcity of water in the stream known as the South .Arkansas demands that the waters in said stream should be replenished; except that said waters shall be distributed by.the said Aivision engineer pro rata without reference to the dates of priorities of water rights and further except that the county of Chaffee shall Fe and shall be held responsible for any damages resulting from breakage of the dam or water discharges therefrom unless the i.poonsibility for damages has been assumed by the upper Arkansas water conservancy district as part of the agreement pursuant to subsection (2) of this section. (2) The board of county commissioners of Chaffee county may agree with the upper Arkansas water conservancy district in which the Boss lake reservoir is located for said district's assumption of the duty to control, maintain, and keep the reservoir in good mdition. The agreement may further provide for the upper Arkansas water conservancy district to assume and be held responsible for -i damages resulting from breakage of the dam or water discharges therefrom. CRE DIT(S) 1990 Main Volume ,,aws 1897, H.B.17. § 1; Laws 1981, S.B.335, § 1. PRIOR COMPILATIONS 1990 Main Volume Dior Compiladons: ReuSt.1908, § 3560; Comp.Laws 1911,,¢ 1957; C.SA.1935, c, 90,§374; CAS.1953, § 147- 17 -15; C.RS.1963, § 148-17 -15. <General Materials (GM) - References, Annotations, or Tables> Copyright (c) West Group 2001 No claim to original U.S. Govt. works