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<br />" <br /> <br />'1 <br /> <br /> <br />I <br /> <br />i <br />I <br />I <br />i <br /> <br />HOUSE BILL NO. 1185. <br /> <br />BY REPRESENTATIVES Swenson, Shoemaker, Herzog, Dambman, <br />Carpenter, Younglund, Entz, McInnis, Armstrong, Bledsoe, Entz, <br />Erickson, Mutzebaugh, Pankey, Paulson, and Underwood; <br />.also SENATORS Bishop, McCormick, Beatty, Brandon, Durham, <br />P. Powers, R. Powers, Rizzuto. Wattenberg, and Winkler. <br /> <br />i <br />) <br />i <br />I <br /> <br />CONCERNING THE LIABILITY FOR DAMAGES RESULTING FROW'THE FLOW ..-.. <br />OF ANY WATER FROM A RESERVOIR. <br /> <br />Be it enacted !!:t. the General Assembly of ~ ~ of Colorado: <br /> <br />SECTION 1. 37-87-104, Colorado Revised Statutes, as <br />amended, is REPEALEO ANO REENACTEO.. WITH AMENDMENTS, to read: <br /> <br />37-87-104. Li abi! i ty of owners for damaoe. (1) Any <br />provision of law to the contrary not~ithstanding, no entity or <br />person who owns, contro 15, .or operates a water storage <br />reservoir shall be held liable for any personal injury or <br />property damage resulting from water escaping from that <br />reservoir by 'overflow or as a result of the failure or partial <br />failure of the. structure or structures forming that reservoir <br />unless such failure or partial failure has been proximately <br />caused by the negligence of that entity or person. No entity <br />or person shall be required to pay punitive or exemplary <br />damages for such negligence in excess of that provided by law. <br />Any previous rule of law imposing absolute or strict liability <br />on such an entity or person is hereby repealed. <br /> <br />(2) No such entity or person shall be liable for <br />allowing the inflow to such reservoir to pass through it into <br />the natural stream below such reservoir. <br /> <br />(3) (a) No stockholder, officer, <br />directors of an owner of a reservoir <br />personal inju~ or property damage <br /> <br />or member of a board of <br />shall be liable for any <br />resulting from water <br /> <br />Capital letters indicate new material added to existing statutes; <br />dashes through words indicate deletions from existing statutes and <br />such material not part of act. <br />