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<br />.-' <br /> <br />.- <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />(b) Pursuant to a series of agreements, consumers of water in ten states depend upon water <br />runoff from the Rio Grande and the Colorado, South Platte, and Arkansas rivers in Colorado; <br />(c) There was significantly less snowfall in the 2001-02 winter season than on average, <br />resulting in a reduced level of water available to these consumers; . <br />(d) According to the Colorado water conservation board, as of May 1, 2002, the season's <br />statewide snowpack was only nineteen percent of the state's seasonal average snowpack; <br />(e) The moisture content of grass is one to four percent of normal and the moisture content of <br />trees is six to ten percent of normal; <br />(1) Experts have indicated that parts of the state are experiencing the driest conditions in nearly <br />one hundred years; <br />(g) Low snowpack, significantly reduced moisture content in grass and trees, and other such <br />drought conditions, coupled with warm winds, have greatly.increased the danger of fire in the state; <br />(b) In the early stages of the 2002 fire season alone, there have been several hundred fires in the <br />state of Colorado which have burned several hundred thousand acres; <br />(i) Due to the severe fire dangers, the state and many counties and communities have instituted <br />fire restrictions in an effort to reduce the extremely high risk of fire within their boundaries; <br />(j) Despite these and other efforts to avert fires during these drought conditions, many fires <br />have been started through the knowing, reckless, or negligent acts of individuals; <br />(k) Governor Owens publicly recognized both the severe drOught conditions and the related fire <br />danger in the state and requested the United States Department of Agriculture to declare the state of Colorado an <br />emergency drought area. The Governor further directed the Colorado water availability task force to activate a <br />statewide drought response plan. <br />(I) Among its several recommendations as set forth in its report to Governor Owens, dated May <br />1, 2002, the Colorado water availability task force recommended increasing the liability of those individuals who <br />negligently cause wildfires during a drought emergency. <br />(2) The general assembly hereby determines and declares that, due to the extreme drought <br />conditions and related fire danger, it is appropriate to raise the awareness of the citizens of the state of Colorado <br />about the drought conditions and to deter ~ behavior that may result in fire by increasing the civil liability of <br />those who knowingly cause wildfires.. The 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 availability task force to continue to <br />monitor drought conditions and to develop additional recommendations to the general assembly concerning <br />further legislation that may be advisable and necessary for the protection of the state during drought conditions. <br />SECTION 20 13-21" 1 05, Colorado Revised Statutes, is amended to read: <br />13-21-105. Damages from fire set in woods or prairie - treble damages during drought <br />conditions. (1) If any person sets fire to any woods or prairie so as to damage any other person, such person <br />shall make satisfaction for the damage to the party injured, to be recovered in an action before any court of <br />competent jurisdiction. <br />(2) (a) IF A STATE OF EMERGENCY OR DISASTER DUE TO DROUGHT HAS BEEN DECLARED BY <br />TIlE GOVERNOR AT THE TIME A PERSON KNOWINGLY SETS FIRE TO ANY WOODS OR PRAIRIE AS DESCRlBED IN <br />SUBSECTION (1) OF THIS SECTION, SUCH PERSON MAY BE HELD LIABLE FOR TREBLE DAMAGES TO ANY INJURED <br />PARTY. <br />(b) (1) THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (2) SHALL NOT APPLY TO ANY <br />OPEN BURNING CONDUCTED IN TIlE COURSE OF . AGRjCUL TURAL OPERATIONS OR TO ANY STATE, MUNICIPAL, OR <br />COUNTY FIRE MANAGEMENT OPERATIONS. . <br />(n) THE PROVISIONS OF PARAGRAPH (a)OF THIS SUBSECTION (2) SHALL NOT APPLY TO ANY <br />OTIlER PERSON SEEKING TO CONDUCT OTHER PRESCRlBED OR CONTROLLED FIRES SUCH AS GRASSLAND, FOREST, <br />OR HABITAT MANAGEMENT ACTIVITIES, IF SUCH PERSON HAS FIRST OBTAINED WRITTEN AUTHORITY FROM THE <br />STATE FORESTER. <br />SECTION 30 Part 21 of article 32 of title 24, Colorado Revised Statutes, is amended BY THE <br />ADDITION OF A NEW SECTION to read: <br /> <br />3 <br />