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<br />( <br /> <br />V. LIABILITY POR IIIPOUJmIlD'l AlID 8'1'ORAGI OP WA~IR <br />A. Iscape of Stored water <br /> <br />. <br /> <br />l. <br /> <br />Doctrine of ~~a::~ ;~; :~::eh.r. In the Inglish <br />case of Rvla t, 3 B.L. 330 (l868), <br />.ill owners were beld strictly liable for escape <br />of water from reservoir witbout regard to <br />negligence. ~he rule of strict liability for <br />impoundment of vater bas been vldely followed in <br />American jurisdictions, but an esception has been <br />recognisea In tbe case of d..s constructed across <br />a natural watercourse, in which case liability is <br />dependent upon negligence in tbe original con- <br />struction or subsequent aalntenance. <br /> <br />Defenses to strict liability: Act of God. Con- <br />tributory negligence Is generally held not to be <br />a defense. <br /> <br />( <br /> <br />2. Statutorv Drovisions. In some jurisdictions, <br />such as COlorado, absolute liability is Imposed <br />by statute. <br /> <br />C.R.S. 1973, 37-87-104, as amended 1981: <br /> <br />Liability of owners for damage. (1) <br />Except as provided in subsection (2) of tbis <br />section, the ovner of a reservoir shall be <br />liable for all damages arising from leakage <br />or overflow of the waters therefrom or <br />floods caused by the breaking of the embank- <br />.ents of such reservoir. <br /> <br />. <br /> <br />I ( <br /> <br />(2) No employee, shareholder, or member <br />of a board of directors of an owner of a <br />reservoir shall be liable for any damage <br />arising from leakage or overflow of the <br />waters from such reservoir or for any damage <br />arising from floods caused by breaking of <br />the embankments of such reservoir if a valid <br />liability insurance policy bas been pur- <br />chased by the owner of the reservoir and Is <br />in effect at the time such daaage occurs. <br />Such insurance policy shall insure against <br />such damages and provide coveracae In an <br />amount of not less tban fifty tbousand <br />dollars for eacb claim and In an agcaregate <br />amount of not less tban one allllon dollars <br />for all claims vblch arise out of anyone <br />incident. The policy may provide that it <br />does not apply to any act or omission of an <br />employee, sharebolder, or member of a board <br />of directors of an owner if sucb act or <br /> <br />. <br /> <br />-6- <br />