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<br />e <br /> <br />(2) The general assembly hereby determines and declares that, due <br />to the extreme drought conditions and related fire danger, it is appropriate <br />to raise the awareness of the citizens of the state of Colorado about the <br />drought conditions and to deter behavior that may result in fire by <br />increasing the civil liability of those who knowingly cause wildfIres. The <br />general assembly further declares that it is in the best interests of the <br />citizens of the state of Colorado for the experts on the Colorado water <br />availability task force to continue to monitor drought conditions and to <br />develop additional recommendations to the general assembly concerning <br />further legislation that may be advisable and necessary for the protection of <br />the state during drought conditions. <br /> <br />SECTION 2. 13-21-105, Colorado Revised Statutes, is amended to <br /> <br />read: <br /> <br />13-21-105. Damages from fire set in woods or prairie - treble <br />damages during drought conditions. (I) If any person sets fIre to any <br />woods or prairie so as to damage any other person, such person shall make <br />satisfaction for the damage to the party injured, to be recovered in an action <br />before any court of competent jurisdiction. <br /> <br />e <br /> <br />(2) (a) IF A STATE OF EMERGENCY OR DISASTER DUE TO DROUGHT HAS <br />BEEN DECLARED BY THE GOVERNOR AT THE TIME A PERSON KNOWINGLY SETS <br />FIRE TO ANY WOODS OR PRAIRIE AS DESCRIBED IN SUBSECTION (1) OF THIS <br />SECTION, SUCH PERSON MAY BE HELD LIABLE FOR TREBLE DAMAGES TO ANY <br />INJURED PARTY. <br /> <br />(b) (I) THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (2) <br />SHALL NOT APPLY TO ANY OPEN BURNING CONDUCTED IN THE COURSE OF <br />AGRICULTURAL OPERATIONS OR TO ANY STATE, MUNICIPAL, OR COUNTY FIRE <br />MANAGEMENT OPERATIONS. <br /> <br />(II) THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (2) <br />SHALL NOT APPLY TO ANY OTHER PERSON SEEKING TO CONDUCT OTHER <br />PRESCRIBED OR CONTROLLED FIRES SUCH AS GRASSLAND, FOREST, OR <br />HABITAT MANAGEMENT ACTIVITIES, IF SUCH PERSON HAS FIRST OBTAINED <br />WRITTEN AUTHORITY FROM THE STATE FORESTER. <br /> <br />SECTION 3. Part 21 of article 32 oftitIe 24, Colorado Revised <br />Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: <br /> <br />e <br /> <br />PAGE 3-HOUSE BILL 02S-1001 <br />