38-23-101. Liability of co-owners.

Statute text

All co-owners of unincorporated irrigating ditches shall pay for the necessary cleaning and repairing of such ditches in the proportion that their respective interests bear to the total expenses incurred in said cleaning and repairing. Any such co-owner may perform labor in cleaning and repairing such ditch equivalent in value to his share of such expenses. No co-owner shall be held liable for cleaning or repairing any ditch below the point from which he takes his portion of the water.

History

Source: L. 1893: p. 312, 1. R.S. 08: 4051. C.L. 6468. CSA: C. 101, 41. CRS 53: 86-4-1. C.R.S. 1963: 86-4-1.

Annotations

 

ANNOTATION

Annotations

Section is inapplicable to ditches owned by incorporated companies. Johnston v. Wanamaker Ditch Co., 95 Colo. 551, 38 P.2d 907 (1934).

Tenant entitled to contribution from cotenants. One tenant maintaining a ditch is entitled to contribution from his cotenants. Compton v. Knuth, 117 Colo. 523, 190 P.2d 117 (1948).