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MONTEZUMA VALLEY IRR. v. BD. CTY. COM'RS

Court of Appeals No. 19CA1588.

486 P.3d 428 (2020)

2020 COA 161

MONTEZUMA VALLEY IRRIGATION COMPANY, Plaintiff-Appellee, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF MONTEZUMA, Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Announced November 12, 2020.

Attorney(s) appearing for the Case

Hoskin Farina & Kampf, John P. Justus , Karoline M. Henning , Grand Junction, Colorado, for Plaintiff-Appellee.

John Baxter , County Attorney, Durango, Colorado, for Defendant-Appellant.

¶ 1 A state statute allocates the responsibilities for any ditch that crosses a roadway: the ditch owner or creator must "construct" a culvert, bridge, or similar structure across the road; and the county must "maintain" that structure. But when the structure reaches the end of its useful life, who is responsible for...

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