Section 37-89-103 - Penalty for interfering with adjusted headgates(1) Every person who willfully and without authority opens, closes, changes, or interferes with any headgate of any ditch, or any water box or measuring device of any ditch for the receiving or delivery of water, after the headgate of the ditch has been adjusted by and is in the control of the division engineer, or after such water box or measuring device has been adopted by the ditch officer in charge commits a class 2 misdemeanor.(2) Any person who is found using water taken through any such headgate, water box, or measuring device so unlawfully interfered with shall prima facie be deemed guilty of a violation of this section.Amended by 2021 Ch. 462, § 679, eff. 3/1/2022.L. 1879: p. 108, § 44. G.S. § 1755. L. 01: p. 196, § 1. R.S. 08: § 3497. C.L. § 1931. CSA: C. 90, § 348. CRS 53: § 147-16-3. C.R.S. 1963: § 148-16-3. L. 2021: (1) amended, (SB 21-271), ch. 3292, p. 3292, § 679, 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 the appointments and functions of water division engineers, see § 37-92-202 .