Statement of Claim to Water Right, Irrigation Division No. 3., Water Distrcit No. II

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Ch. 429 Water and Irrigation 1781 (2) THE BOARD OF COUNTY COMMISSIONERS OF CHAFFEE COUNTY MAY AGREE WITH THE UPPER ARKANSAS WATER CON- SERVANCY DISTRICT IN WHICH THE BOSS LAKE RESERVOIR IS LOCATED FOR SAID DISTRICT'S ASSUMPTION OF THE DUTY TO CONTROL, MAINTAIN, AND KEEP THE RESERVOIR IN GOOD CON- DITION. THE AGREEMENT MAY FURTHER PROVIDE FOR THE UPPER ARKANSAS WATER CONSERVANCY DISTRICT TO ASSUME AND BE HELD RESPONSIBLE FOR ANY DAMAGES RESULTING FROM BREAKAGE OF THE DAM OR WATER DISCHARGES THERE- FROM. Section 2. 37 -88 -109, Colorado Revised Statutes 1973, is amended to read- 31-88-109. County control of reservoirs. (1) The board of county commis- sioners of any county wherein is situated any state reservoir shall have charge and control of such reservoir and, without expense to the state of Colorado, OTHER THAN EXPENSES PAYABLE FROM THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND AND SUCH FINANCIAL ASSISTANCE OR OTHER AID AS MAY BE AVAILABLE TO NONSTATE -OWNED RESERVOIRS, shall maintain and keep said reservoir in good condition and provide for the storage of water as contem- plated in the Iaw• providing for the construction of said reservoir and also for the distribution or said water under the direction of the division engineer for the district in which said reservoir is situated, at such times as the scarcity of water in the stream which such reservoir is intended to reinforce demands that the water in said stream should be replenished FOR AGRICULTURAL PURPOSES; for the putpese e€ itrlgef ttg tine kinds ttttdee e#iteltes een- strueted; except that said waters shall be distributed by said division engineer pro rata without reference to priority of water rights ate without expense to eensumefs theree€ and also except that the counties in which said reser- voirs are situated assns SHALL ASSUME and shall be held responsible for any damages resulting from breakage of the dams or water discharges therefrom. The provisions of this section shall not apply to any state reservoir constructed primarily for the purpose of irrigating state lands, but any such reservoir shall remain in the control of the state board of land commissioners. (2) IN THE CASE OF RESERVOIRS OWNED BY THE DIVISION OF WILDLIFE, THE STATE ENGINEER OR THE DIVISION ENGINEER IN THE DISTRICT IN WHICH SUCH RESERVOIRS ARE LOCATED SHALL -HAVE THE AUTHORITY TO CAUSE THE RELEASE OF WATER STORED THEREIN FOR DOMESTIC AND MUNICIPAL PUR- POSES IN TIME OF SCARCITY. ALL EXPENSES OCCASIONED BY THE RELEASE OF SUCH WATERS FOR SAID PURPOSES SHALL BE BORNE BY THE COUNTIES OR THE BENEFICIARIES OF SUCH RELEASES, AND SAID RESERVOIRS, WHEN REFILLED IN PRIOR- ITY, SHALL BE RESTOCKED AT THE EXPENSE OF THE COUNTY OR THE BENEFICIARY OF SAID RELEASE. Section 3. Safety Jause. The general assembly hereby finds, deter- mines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Approved: June 19, 1981