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<br />Responsibilities for Dam Safety <br /> <br />The safety of dams in Colorado is the primary responsibility of the State <br /> <br />Engineer. Dam Safety programs are administered under the following statutory <br /> <br />authorities: <br /> <br />C.R.S. 35-49, Livestock Wat~r Tank Act of Colorado. <br /> <br />C.R.S. 37-87, Water and Irrtgation, Reservoirs. <br /> <br />The State Engineer is required to approve plans for reservoir dams and <br />have authority over the construction ot dams (CRS 37-87-105), to make safety <br /> <br />. <br /> <br />. <br /> <br />inspections and determine the amount of water which is safe to impound <br /> <br />in the reservoir (C.R. S. 37-87-107) and upon complaint that a reservoir is <br /> <br />unsafe examine and "determine the a~ount of water it is safe to impound <br /> <br />therein" (C.R.S. 37-87-109).4 <br /> <br />None of the above provisions relieve reservoir owners -from the payment <br /> <br />of such damages as may be caused by the breaking of the embankment thereof, <br /> <br />but in the event thereof of any such reservoir overflowing, or the elllbank- <br /> <br />ments, dams, Or outlets breaking or washing out, the owners thereof shall be <br /> <br />liable for all damage occasioned thereby as provided for by C.R.S. 37-87-104." <br /> <br />This statute provides that "the owner of a reservoir shall be liable for all <br /> <br />damages arising from leakage or overflow of the waters therefrom or floods <br /> <br />caused by the breaking of the embankm~nts of such reservoir." It goes on to <br /> <br />say, however, that shareholders, officers, employees and members of boards of <br /> <br />directors of an owner of a reservoir are not liable for such damages if <br /> <br />-10~ <br />