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FUNCTIONAL STANDARDS
<br />These standards were developed by the staff of Division 2 of the Division of Water Resources to
<br />better define what is acceptable to the Division when installing structures and devices deemed
<br />necessary for the proper administration of the water resources within the Division pursuant to
<br />C.R.S. 37 -84 -112.
<br />C.R.S. 37 -84 -112
<br />Headgates - specifications - failure to maintain - penalty.
<br />(1) The owners of any irrigation ditch, canal, flume, or reservoir in this state, taking water from any stream, shall
<br />erect where necessary and maintain in good repair, at the point of intake of such ditch, canal, flume, or reservoir, a
<br />suitable and proper headgate of height and strength and with embankments sufficient to control the water at all
<br />ordinary stages and suitable and proper measuring flumes, weirs, and devices and shall also erect and maintain in
<br />good repair suitable wastegates where necessary in connection with such ditch, canal, flume, or reservoir intake. The
<br />framework of such headgate shall be constructed of timber not less than four inches square, and the bottom, sides,
<br />and gate shall be of plank not less than two inches in thickness, or said gate may be made of other material of equal
<br />strength and durability or may be made and constructed upon plans and specifications approved by the state
<br />engineer. No such headgate shall be deemed complete until provided with suitable locks and fastenings (except
<br />when the division engineer deems such locks and fastenings unnecessary therefore) and keys therefore are delivered
<br />to the division engineer of the division who has control thereof during the seasons of the distribution of water.
<br />(2) If the owners of any such irrigation ditch, canal, flume, or reservoir fail or neglect to erect or maintain in
<br />good repair said headgate, measuring flume, weir, or devices, in the manner and form provided in this section, then
<br />the state engineer or division engineer, upon ten days' previous notice in writing, duly served upon such owners, or
<br />upon any agent or employee representing them or controlling such ditch, canal, flume, or reservoir, shall refuse to
<br />deliver any water from such stream to such owners, or to such ditch, canal, flume, or reservoir, until such owners
<br />erect or repair the headgate, measuring flume, weirs, or devices of such ditch, canal, flume, or reservoir. The owners
<br />of all such ditches, canals, flumes, or reservoirs shall be liable for all damages resulting from their neglect or refusal
<br />to comply with the provisions of sections 37 -84 -112 to 37 -84 -117. Such owners who divert water from any such
<br />stream and into any such ditch, canal, flume, or reservoir contrary to the orders of the state engineer or division
<br />engineer are guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five
<br />hundred dollars, and each day of violation shall be deemed a separate offense.
<br />ORDINARY STAGES
<br />For the purposes of 37 -84 -112, "ordinary stages" shall mean any stage of flow where a condition exists
<br />that downstream water rights are short of their entitlement and are calling for water and there exists a
<br />reasonable expectation that curtailment of a junior right will result in a material increase in supply to a
<br />calling senior right. Ordinary stages specifically include, but are not limited to, all stages of spring runoff
<br />and large precipitation /runoff events.
<br />HEADGATE
<br />For the purposes of 37 -84 -112, a controllable, lockable headgate shall be defined as any permanently
<br />installed combination of headgate, embankments, diversion dam, spillway, waste gate or sluice system or
<br />any other means that positively prevents ANY diversion of water, intentional or otherwise, when not in
<br />priority; and which allows the Water Commissioner to accurately adjust the flow of water with reasonable
<br />effort and within a reasonable amount of time and to secure the structure at the adjusted condition so as
<br />to prevent any unauthorized adjustment.
<br />DWR typical is a Waterman Industries SR slide gate or Waterman C -10 canal gate installed in a concrete
<br />headwall which has sufficient freeboard to prevent overtopping into the ditch and which incorporates a
<br />lowered spillway section upstream of the headwall sized to waste all excess water back to the stream.
<br />(See DWR drawing "Typical Headgate /Flume Installation ")
<br />MEASUREMENT DEVICE
<br />Water measurement device shall mean any flow measurement device which can be demonstrated to
<br />accurately measure flows within ± 5% of the standard rating (or an empirically created custom rating) for
<br />the device throughout the full range of anticipated flows. This device must be co- located with the control
<br />structure to enable the water commissioner to promptly judge headgate adjustments, must be properly
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