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178p Water and Irrigation <br />CHAPTER 429 <br />1 Se5s ; o .,-j %LAr(-j S <br />Ch. 429 <br />WATER AND IRRIGATION <br />STATE CANALS AND RESERVOIRS <br />SENATE BILL NO. 335. BY SENATOR Hatcher: <br />abo REPRESENTATIVES Shoemaker, coley. Dei•1lippo. DeNier. Lanon. And t.Rlpap. <br />AN ACT <br />CONCERNING COUNTY CONTROL OF RESERVOIRS. <br />Be it enacted by the Gcneral Assembly of the State of Colorado: <br />Section t, 37-88 -108, Colorado Revised Statutes 1973, is amended to <br />read: <br />.37.88 -108. Control of Boss lake reservoir. (1) The board of county com- <br />missioners of Chaffee county has charge and control of that certain state <br />reservoir situated in said county and commonly known as the Boss lake reser- <br />voir and, without expense to the state of Colorado, OWER KHAN <br />EXPENSES PAYABLE FROM THE COLORADO WATER CONSERVA- <br />TION BOARD CONSTRUCTION FUND AND SUCH FINANCIAL <br />ASSISTANCE OR OTHER AID AS MAY BE AVAILABLE TO <br />XNONSTATE -OWNED RESERVOIRS, shall maintain and keep said reservoir <br />in good condition and provide for the storage of water as contemplated in <br />the law providing for the construction of said reservoir and also for the distri- <br />bution of said water under the direction of the division engineer for the dis- <br />trict in which said reservoir is situated, at such times as the scarcity of water <br />in the stream known as the South Arkansas demands that the waters in said <br />stream should be replenished; fm the purpase of irfigatiitg the kM& tinder <br />dues eenstpueted except that said waters shall be distributed by the said <br />division engineer pro rata without reference to the dates of priorities of water <br />rights mW wit heuE ejtpetise (a the eenstimers thereof. and further except that <br />the county of Chaffee assuam SHALL ASSUME and shall be held respon- <br />sible for any damages resulting from breakage of the dam or water discharges <br />therefrom UNLESS THE RESPONSIBILITY FOR DAMAGES HAS BEEN <br />ASSUMED BY THE UPPER ARKANSAS WATER CONSERVANCY DIS- <br />TRICT AS PART OF THE AGREEMENT PURSUANT TO SUBSECTION <br />(2) OF THIS SECTION. <br />Capital letters Indicate new material added to existing stanites; dashes through words indicate <br />deletions from existing statutes and such material not part of act. <br />Ch. 429 <br />(2) THE B( <br />COUNTY MA' <br />SERVANCY L <br />LOCATED FO <br />CONTROL, M. <br />DITION. THE <br />UPPER ARKA <br />AND BE HE] <br />FROM BREAD <br />FROM, <br />Section 2. <br />read: <br />37.88 -109. ( <br />sioners of any t <br />and control of <br />OTHER THAI <br />CONSERV Al <br />FINANCIAL r <br />TO NONSTA' <br />reservoir in g& <br />plated in the I. <br />for the distribu <br />for the district <br />of water in the <br />that the water <br />PURPOSES; i <br />strtieted; excep <br />pro rata witho <br />to eensumefs 1 <br />voirs are situa <br />for any damag <br />therefrom. The <br />constructed pr <br />reservoir shall <br />(2) IN THI <br />WILDLIFE, 1 <br />IN THE DISI <br />SHALL -HAV <br />WATER STOI <br />POSES IN TI <br />THE RELEA' <br />BORNE BY <br />RELEASES, <br />ITY, SHALL <br />OR THE BEN <br />Section 3. <br />mines, and del <br />of the public p <br />Approved: 1 <br />