BOARD01266

• Board Meeting Date: 2/13/2001
• Description: Pending and Proposed Legislation - HB 01-1250, Ditch Damage
• Board Meetings - Doc Type: Memo

. 1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 37-89-101, Colorado Revised Statutes, is amended
3 to read:
4 37-89-101. Penalty for cutting or breaking gate, bank, flume.
5 Any person who knowingly and willfully cuts, digs, breaks down, or
6 opens any gate, bank, embankment, or side of any ditch, canal, flume,
7 feeder, or reservoir, or who knowingly and willfully breaks, cuts, checks,
8 or otherwise interferes with the flow of water in any drainage ditch, box
9 drain, or tile drain, or any manhole, or other opening in any box drain or
10 tile drain, in which such person may be a joint owner, or which may be
11 the property of another, or in the lawful possession of another and used
12 for the purpose of drainage, irrigation, manufacturing, mining, or domestic
13 purposes, with malicious intent to injure any person, association, or
. 14 corporation, or for his o'"n PERSONAL gain, unlawfully, with intent of
15 stealing, taking, or causing to run or pour out of or into such ditch, canal,
16 reservoir, feeder, flume, drainage ditch, box drain, or tile drain any water
17 for his 0 1'111 PERSONAL profit, benefit, or advantage, or with intent to check
18 or change the flow in any such ditch, canal, feeder, flume, drainage ditch,
19 box drain, or tile drain, to the injury of any other person, association, or
20 corporation, lawfully ill the use of such water or of such ditch, canal,
21 reservoir, feeder, flume, drainage ditch, box drain, or tile drain, is guilty
22 of a misdemeanor and, upon conviction thereof, shall be punished by a
23 fine of not less than five FIFfY dollars nor more than three SEVEN hundred
24 FIFfY dollars or by imprisonment in the county jail for not more than
25 ninety days. THE COURT SHALL FURTHER ORDER THATSUCHPERSONMAKE
. 26 FULL RESTITUTION TO THE VICTIM OF IDS OR HER CONDUCT FOR THE

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HBOI-1250