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MENORAi'\JDUl'I OF LAW August 6, 1975 TO: EnginE,ering Departmen:: FRON: Richard F. Mutzebaugh Assist.ant County Attorney SUBJECT: Pleasa.ntview Master Drainage Plan Pursuant to a rEquest from Leslie G. Wood, P.E., County Engineer by Memorandum on the abovE,-referenced matter " Mr. Larry Hoyt, a research assi:3t_ant \vith our office and I have made a study of the law of surface water and drainage cases inaicatins trends and liability ill Colorado. The re- search, as set forth below, indicates that most of the litigation has involved drainage and irrigation districts. Although a County is substantially different. from a drainage and irrigation district, we have found that the liability question remainE substantially l:he same. The law of surface waters and drair:age in Colorado is set fort:h as follows: I. In General. Colorado followE a modified civil 10.,,' rule as to drainage of surface waters. The strict civil law rule, subject:ing lower land (the servient estate) to a servitude to allow all natural drainage to enter the land unimpeded from the upper dominant estate but allowing the upper proprietor to do nothing to alter the natural drainage conditions, has been modified tc the extent of allowing natural condi t:ions to be altered "provided the watE~r is not sent dovm in a manner or quantity to do more harm than formerly." Hankins v. Borland, 163 Colo. 575, 431 1'.26 1007, 1010 (1967):---- In general, the liability question turns principally on whether the improvements altered the nat:ural drainage pattern or not. Where an artificial drainage way is constructed the poten.tial for liability for damages due to oVl2rflow, erosion or se2page is much greater than where improverr"2nts were merely made along an existing natural water course. II. Liability for Damages Due 'lco C~Lainage Improvement:s. It is ".. .well-settled that liabili.ty arises where the over- flow of a water course is the result of a change from a natural ,Z8