38-23-102. Request to clean ditch.

Statute text

Upon the failure of any one or more of several coowners, upon written request of the owners of one-third of the carrying capacity or board of directors, to assist in cleaning and repairing such ditch, the other coowners shall proceed to clean and repair the same and shall keep an accurate account of the cost and expenses incurred and upon the completion of such work shall deliver to each of such delinquent coowners or his agent, lessee, or legal representative an itemized statement of such costs and expenses.

History

Source: L. 1893: p. 312, 2. R.S. 08: 4052. C.L. 6469. CSA: C. 101, 42. CRS 53: 86-4-2. C.R.S. 1963: 86-4-2.

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).