FLOOD02324

• Designation Number: 32
• County: Adams
• Community: Federal Heights
• Basin: South Platte
• Title: Water and Drainage at Niver Creek, Phases 1 and 2: Cities of Federal Heights and Thornton, Colorado
• Date: 2/1/1974
• Designation Date: 6/1/1974
• Floodplain - Doc Type: Floodplain Report/Masterplan

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in the early case of Garnet Ditch & Reservoir Co. v. Sampson. 110 P79.
48 Colo. 285 (1910). In this case a rule of absolute liability was
imposed based on the statute then in effect Section 2272, Mills' Ann. St.
and that the statute is contained verbatim in our present law at 1963 CRS
148 5-4 as follows:

"Liability of owners for damage. - The owners of the
reservoirs shall be liable for all damage arising from
leakage or overflow of the waters therefrom or by floods
caused by breaking of the embankments of such
reservoirs. "

This case is the law in Colorado and is still viable in spite of its
age as shown in the case of Cass Company-Contractors vs. Colton.
279 P2d 415, 130 Colo 593 (1955) where, in a case involving
damages for blasting it is cited with the Court's approval as follows:

"In other types of cases, but involving the same
legal theory, Colorado cases have followed the
doctrine of absolute liability for certain dangerous
enterprises, such as the impounding of waters.
CRS, "53, 147 5-4. In the case of Garnet Ditch
Company v. Sampson 48, Colo. 285, 110 P79, 80,
1136, our Court cited with approval the following:

"':"~'~ The true rule of law is, that the person who,
for his own purposes, brings on his own land and
collects or keeps there anything likely to do mis-
chief if it escapes, must keep it at his own peril; and
if he does not do so, is prima facie answerable for
damages which is the natural consequence of its
escape. ,:,,:,,:," (Emphasis supplied)

As you can see the liability of the owners of the dam is absolute and
in the event of leakage, breakage or overflow in this area the
owner could have a good deal of exposure depending on the factual
circumstances relating to an occurrence.

2. Storage of water

I regard the letter of the State Engineer, dated August 2, 1973, address-
ed to D. J. Gianola as correctly stating the law contained in 1963 eRS

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