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Ch. 233 Water and Irrigation IUYI CHAPTER 233 WATER AND IRRIGATION RESERVOIRS HOUSE BILL NO. .1185. BY REPRESENTATIVES Swenson, Shoemaker, Her~og, Dambman; Carpenter, Younglund. Entz, McInnis, Armstrong, Bledsoe, Bou, Erickson. Mutzebaugh. Pankey, Paulson. and Underwood; also SENATORS Bishop. McCormick. Beatty, Brandon, Durham. P. powers~ R. Powers. Rizzuto, Wattenberg, and Winkler. AN ACT CONCERNING THE LIABILITY FOR DAMAGES RESULTING FROM THE FLOW OF ANY WATER FROM A RESERVOIR.. Be it enacted by the General Assembly of the State of Colorado: Section 1. 37-87-104, Colorado Revised Statutes, as amended, is REPEALED AND REENACTED, WITHAMENDMENTS, to read: 37-87-104. Liability of owners for damage. (1) Any provision of law to the contrary notwithstanding, no entity or person who owns, controls, or operates a water storage reservoir shall be held liable for any personal injury or property damage resulting from water escaping from that reservoir by overflow or as a result of the failure or partial failure of the structure or structures forming that reservoir unless such failure or partial failure has been proximately caused by the negligence of that entity or person, No entity or person shall be required to pay punitive or exemplary damages for such negli- gence in excess of that provided by law. Any previous rule of law imposing absolute or strict liability on such an entity or person is hereby repealed. (2) No such entity or person shall be liable for allowing the inflow to such reserVoir to pass through it into the natural stream below such reservoir. (3) (a) No stockholder, officer, or member of a board of directors of an owner of a reservoir shall be liable for any personal injury or property dam- age resulting from water escaping from such reservoir or as a result of the failure or partial failure of the structure or structures forming such reservoir for which the owner shall have been found liable if a valid liability insurance policy, or adequate substitute as provided in paragraph (b) of this subsection (3), has been purchased by the owner of the reservoir and is in effect at the time such damage occurs. Such insurance policy shall insure against such damages and provide coverage in an amount of not less than fifty thousand Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.