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<br />SECTION. <br /> <br />(2) THE BOARD OF COUNTY COMMISSIONERS OF CHAFFEE COUNTY MAY <br />AGREE WITH THE UPPER ARKANSAS WATER CONSERVANCY DISTRICT IN WHICH <br />THE BOSS LAKE RESERVOIR IS LOCATED FOR SAID DISTRICT'S ASSUMPTION <br />OF THE DUTY TO CONTROL, MAINTAIN, AND KEEP THE RESERVOIR IN GOOD <br />CONDITION. THE AGREEMENT MAY FURTHER PROVIDE FOR THE UPPER <br />ARKANSAS WATER CONSERVANCY DISTRICT TO ASSUME AND BE HELD <br />RESPONSIBLE FOR ANY DAMAGES RESULTING FROM BREAKAGE OF THE DAM OR <br />WATER DISCHARGES THEREFROM. <br /> <br />SECTION 2. 37-88-109, Colorado Revised Statutes 1973, is <br />amended to read: . <br /> <br />37-88-109. County control of reservoirs. (1) The board of <br />county commissioners of any county wherein is situated any state <br />reservoir shall have charge and control of such reservoir and, <br />without expense to the state of Colorado, OTHER THAN EXPENSES <br />PAYABLE FROM THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION <br />FUND AND SUCH FINANCIAL ASSISTANCE OR OTHER AID AS MAY BE <br />AVAILABLE TO NONSTATE-OWNEO RESERVOIRS, shall maintain and keep <br />said reservoir in good condition and provide for the storage of <br />water as contemplated in the law providing for the construction <br />of said reservoir and also for the distribution of said water <br />under the direction of the division engineer for the district in <br />which said reservoir is situated, at such times as the scarcity . <br />of water in the stream which such reservoir is intended to. <br />reinforce demands that the water in said stream should be <br />replenished FOR AGRICULTURAL PURPOSES; for--the--parpose---of <br />;rr;gat;ng--the-iands-andel ditehes-eonstraeted; except that said <br />waters shall be distributed by said division engineer pro rata <br />without reference to priority of water rights and-w;thout-expense <br />to--consamers-thereof; and also except that the counties in which <br />said reservoirs are situated assame SHALL ASSUME and shall be <br />held responsible for any damages resulting from breakage of the <br />dams or water discharges therefrom. The provisions of this <br />section shall not apply to any state reservoir constructed <br />primarily for the purpose of irrigating state lands, but any such <br />reservoir shall remain in the control of the state board of land <br />commi ss i oners. <br /> <br />(2) IN THE CASE OF RESERVOIRS OWNED BY THE DIVISION OF <br />WILDLIFE, THE STATE ENGINEER OR THE DIVISION ENGINEER IN THE <br />DISTRICT IN WHICH SUCH RESERVOIRS ARE LOCATED SHALL HAVE THE <br />AUTHORITY TO CAUSE THE RELEASE OF WATER STORED THEREIN FOR <br />DOMESTIC AND MUNICIPAL PURPOSES IN TIME OF SCARCITY. ALL <br />EXPENSES OCCASIONED BY THE RELEASE OF SUCH WATERS FOR SAID <br />PURPOSES SHALL BE BORNE BY THE COUNTIES OR THE BENEFICIARIES OF <br />SUCH RELEASES, AND SAID RESERVOIRS, WHEN REFILLED IN PRIORITY, <br />SHALL BE RESTOCKED AT THE EXPENSE OF THE COUNTY OR THE <br />BENEFICIARY OF SAID RELEASE. <br /> <br />SECTION 3. Safety clause. The general assembly hereby <br /> <br />PAGE 2-SENATE BILL NO. 335 <br />