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Liabmty of Government Agencies Constructing Flood Control or [)rainage Facilities A conc€,rn of government agencies considering trle construction of flood control or drainage facilities will be their potential liability for flood damages which may result from the operation of such facilities (from normal operation, not from failures). Ordinarily the Federal Government is not liable for Ule construction or operation of such facilities due to statutory limits on responsibility. Local governments and State agencies are more often held liable, particularly when they are found to be operating in a "proprietary" rather than a "governmental" capacity. Liability often depends upon common law rules pertaining to floodinq and drainage. Courts in other states have found local governments liable in cases of increased flooding due to publicly built storm drainage facilities or due to improperly designed storm drainage facilities built by landowners and dedicated to the local government. Two cases of interest are: Oahe Conservancy Sub- District v, Alexander and lVIas~,L~~i~f_ Lora~------- Legal Basis for 1D~31m Safety Programs In Colorado Color:ado Division 01' Water Resources The State Engineer is required to approve plans for reservoirs and to supervise the construction of darns (CRS 37-87..105). to "annually determine the amount of water which is safe to impound in the several reservoirs within this state" (CRS 37-87-' (7) and "upon com- plaint" examine a rese.voir and "determine the amount of water it is (sic) safe to impound therein" (CRS 37-87-109). The safety of dams in Colorado is primarily the responsibility of the dam owners. State law holds owners of dams liable for damages resultin9 from flooding clue to leakage, overflow, or failure of their dams. Shareholders, employees, or members of boards of c1irectors of an entity owning a reservoir are not liable for such dama(les if an insurance policy, meeting certain requirements. has been purchased by the owner (CRS 37-87-1 04). State Ic,w also provides that the State Engineer is not liable for damage,. "Neither the State E:ngineer nor any member of his staff or any pers.on appointed by 11im shall be liable in damages for any act done by him in pursuance of the provisions of this article." (CRS 37- 87-115). Once a reservoir is restricted by the State Engineer, that restriction remains in effect until the conditions for full utilization are met, whether or not an inspection is maete within one year of the date of the restriction. Recently the State Engineer was required to compile a report on each hi~h hazard dam in the state. Each report will contain a topographic map indicating the possible extent of flooding in the event of a breach. The map will portray approximately all areas down- stream of the dam (or dams) which would be affected by floodwaters to the point where the floodwaters would no longer exceed the boun- daries 01 the 1 OO-year floodplain. TI,ey will also show the peak flows and travel times of the flood. On or before November I , 1983 a final copy of each report will be sent to each city, town, and county in the affected area. Each local jurisdiction is then reqUired to conduct a review of all areas which would be impacted by a breach of each high hazard dam or reservoir. The focal government will be required to pay to thle State Engineer the standard fee for each such report it receives,q3) In 19Bi', the State Engineer published the latest version of a "Manual of Rules and Re~lulations for Filing Claims to Water and Plans and Specifications for the Construction of Dams." A Dam Owner's Safety Manual is being prepared with funds from the National Dam Safety Program (NDSP). It will be distributed to all dam ownerB on record. It will instruct owners about the care, inspection, and maintenance of darns, both to prolong the dam's useful life and to provide for its safe operation.@