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II I I I I I I I I I I I I I I I I I I You would either have to purchase this land, obtain a licensE' to use it for flooding purposes, or condemn it. C. Responsibility for Channel Maintenance. The channel will have to be maintained by the owners thereof, and from conversation with Mr. Shoemaker,it is my understanding that the Urban Drainage District will not be an owner, and this responsibility is raised by implication from the provisions found at 1963 CRS 148 7 -19 et. seq. The important provision in this regard is found at 148 7 -19 as follows: "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 first, in each year, so far as can be accomplished for 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 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 pro- tection 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. " I advise that while this statute refers to the responsibility of owners of ditches for irrigation purposes, the owner for purposes of flood control will understandably be under a similar duty of maintenance and repair. r hope this opinion, read with my original opinion and the first supplement is sufficient to answer your needs. r am taking the liberty of sending a copy to Mr. Shoemaker in the event he wishes to comment to me specifically regarding the opinion. PFR:s cc W. J. Shoemaker, Esq. Yours btuly, / /h //~Vi Philip F. Roan, I ;' -4-