AG Memo - govimmunityroundtables

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Page 2 Basin Roundtables The question of whether the basin roundtables are protected by the Colorado Governmental Immunity Act ("CGIA") hinges on whether the roundtables are "public entities" under the CGIA. 1 The basin roundtables were created as permanent roundtables pursuant to the Interbasin Compacts Act. S 37-75-104(l)(a). The roundtables correspond to the states water divisions defined in section 37-92-201, C.RS. S 37-75-104(3)(a), C.RS. The roundtables have several powers and duties under section 37-75-104(2), C.RS. First, they have the duty of establishing bylaws, operating procedures, goals, and objectives to govern their actions and decisions. Second, if deemed appropriate by the Executive Director, they may take on the duties and functions of the roundtables created pursuant to the statewide water supply initiative. Third, they are to develop a basin-wide consumptive and nonconsumptive water supply needs assessment, conduct an analysis of available unappropriated waters within the basin and proposed projects and methods for meeting those needs and using the unappropriated waters. Their assessment recommendations are to be forwarded to the Interbasin Compact Committee and other basin roundtables. Fourth, they serve as a fOnlm for education and debate regarding methods for meeting water supply needs. Finally, they may establish roundtable subcommittees or other mechanisms to encourage dialogue and resolution of issues and conflicts within the basin. Colorado Governmental Immunity Act The doctrine of sovereign immunity prevents the government from being sued without its consent. It shields the State and its agencies and departments from civil liability for injuries that arise out of their performance of public services and functions. Similarly, the doctrine of official, or qualified, immunity shields public employees from liability unless their actions are willful and wanton. Both of these doctrines are substantially codified in the CGIA. SS 24-10- 101 through 24-10-120, C.RS. The CGIA grants immunity to public entities and public employees for tort claims2 for injuries arising from government action or inaction. S 24-10-1 06(l), C.R S. 1 The Interbasin Compacts Act expressly designates a basin roundtable as a "local public body" for the purposes of the Colorado Open Meetings Law under section 24-6-6-402 (l)(a). S 37-75- 104(5). However, this is not determinative of whether a basin roundtable is a public entity for purposes of the CGIA. 2 A "tort" is a civil wrong for which a remedy may be obtained, usually in the form of damages. Black's Law Dictionary 1496 (7th ed. 1999).