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<br />CHAPTER 272
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<br />WATER AND IRRIGATION
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<br />HOUSE BILL 01-1250
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<br />BY REPRESENTATIVE(S) Williams T., Hoppe, Johnson, Webster, Young, and Scott;
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<br />also SENA TOR(S) Hagedorn, and Evans,
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<br />AN ACT
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<br />CONCERNING INTERFERENCE WITH THE FLOW OF WATER IN A DITCH.
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<br />Be it enacted by the General Assembly a/the State of Colorado:
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<br />SECTION 1. 37-89-101, Colorado Revised Statutes, is amended to read:
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<br />37-89-101. Penalty for cutting or breaking gate, bank, flume. Any person who knowingly and
<br />willfully cuts, digs, breaks down, or opens any gate, bank, embankment, or side of any ditch, canal,
<br />flume, feeder, or reservoir, or who knowingly and willfully breaks, cuts, checks, or otherwise interferes
<br />with the flow of water in any drainage ditch, box drain, or tile drain, or any manhole, or other opening in
<br />any box drain or tile drain, in which such person may be a joint owner, or which may be the property of
<br />another, or in the lawful possession of another and used for the purpose of drainage, irrigation,
<br />manufacturing, mining, or domestic purposes, with IIldli~il\1I8 intent to injure any person, association, or
<br />corporation, or for hi8 1\" fI PERSONAL gain, unlawfully, with intent of stealing, taking, or causing to
<br />run or pour out of or into such ditch, canal, reservoir, feeder, flume, drainage ditch, box drain, or tile
<br />drain any water for hi8 1\" fI PERSONAL profit, benefit, or advantage, or with intent to check or change
<br />the flow in any such ditch, canal, feeder, flume, drainage ditch, box drain, or tile drain, to the injury of
<br />any other person, association, or corporation, lawfully in the use of such water or of such ditch, canal,
<br />reservoir, feeder. flume, drainage ditch, box drain, or tile drain, is guilty of a misdemeanor and, upon
<br />conviction thereof, shall be punished by a fine of not less than tt'I'e FIFTY dollars nor more than tMee
<br />SEVEN hundred FIFTY dollars or by imprisonment in the county jail for not more than ninety days.
<br />THE COURT SHALL FURTHER ORDER THAT SUCH PERSON MAKE FULL RESTITUTION TO
<br />THE VICTIM OF HIS OR HER CONDUCT FOR THE ACTUAL DAMAGES THAT WERE
<br />SUSTAINED, THE AMOUNT OF SUCH RESTITUTION SHALL BE EQUAL TO THE ACTUAL
<br />PECUNIARY DAMAGES SUSTAINED BY THE VICTIM, THE COURT SHALL FIX THE
<br />MANNER AND TIME IN WHICH SUCH RESTITUTION SHALL BE MADE.
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<br />SECTION 2. Effective date. This act shall take effect at 12:01 a,m, on the day following the
<br />expiration of the ninety-day period after final adjournment of the general assembly that is allowed for
<br />submitting a referendum petition pursuant to article V, section 1 (3) ofthe state constitution; except that,
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<br />http://www.state.co.us/gov_dir/leg_dir/olls/sI2001/sI.272.HTM
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<br />12/19/200 I
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