A person or corporation shall not repeatedly, willfully, or negligently cause or allow water to flow, fall, or sprinkle from any ditch, lateral, canal, waste ditch, reservoir, pond, drain, flume, or agricultural crop sprinkler system upon any public road or highway so as to damage the same or to cause a hazard to vehicular traffic. Any person or corporation so offending commits a civil infraction. Each day that water is so allowed to flow upon any public road or highway shall be deemed a separate offense. Agricultural crop sprinkler systems upon which generally accepted devices are installed or preventive practices are carried out and when due diligence has been exercised to prevent the end gun from discharging water upon the highway shall not be deemed to be in violation of this section, nor shall acts of God, including but not limited to wind, be deemed a violation of this section.Amended by 2021 Ch. 462, §781, eff. 3/1/2022.L. 15: p. 405, § 1. C.L. § 1283. CSA: C. 143, § 37. CRS 53: § 120-4-3. C.R.S. 1963: § 120-4-3. L. 81: Entire section amended, p. 1776, § 3, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3326, p. 1. C.L. § 1283. CSA: C. 143, § 37. CRS 53: § 120-4-3. C.R.S. 1963: § 120-4-3. L. 81: Entire section amended, p. 1776, § 3, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3326, p. 3326, § 781, effective 3/1/2022.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022. 2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For civil liability for damages, see § 43-5-302; for the penalty for a civil infraction, see § 18-1.3-503.
Colorado Legal Code