If the owners of any such reservoir impound water therein to a depth greater than that determined by the state engineer to be safe, it is the duty of the division engineer of the district wherein such reservoir is located to forthwith proceed to withdraw from said reservoir so much of the water as shall be in excess of the amount so determined by the state engineer to be safe, and the division engineer shall close the inlets to the same to prevent said reservoir from being refilled to an amount beyond what said state engineer has designated as being safe. If the owners of said reservoir, or any other persons, interfere with the division engineer in the discharge of said duty, the said division engineer shall call to his aid such persons as he deems necessary and employ such force as the circumstances demand to enable him to comply with the requirements of this section. Any costs incurred by the state engineer in rectifying a failure of compliance by the owner may be recovered in a suit for civil damages.
Source: L. 1899: p. 315, § 4. R.S. 08: § 3208. C.L. § 1688. CSA: C. 90, § 86. CRS 53: § 147-5-8. C.R.S. 1963: § 148-5-8. L. 84: Entire section amended, p. 966, § 7, effective April 30.
Cross references: For the appointments and functions of water division engineers, see § 37-92-202.