Laserfiche WebLink
<br />There is a slim possibility that the law of surface waters, <br />with its liability dichotomy between natural and artificial <br />drainage course:>, could be applied by the Colorado courts to <br />a drainage dist::ict' s ditches in the manner it has heret.ofore <br />applied it in cases involving private ditches. Here there <br />would of course be a choice based partially on the greater <br />potential liability of the construction and use of artificial <br />drainage ditche:>. The more likely approach of the courts, <br />however, is the former. <br /> <br />I think the trend of the law in Colorado has been established <br />as indicated above. Certainly the approach with the least <br />cost and the least liability is to do nothing. In evaluating <br />the alternatives that you have pre,=:ented this same approach <br />can be made in 'chat the least chanqe creates the leas.t lia- <br />bility. <br /> <br />I believe that ,:he Memorandum speaks to theliabili ty question, <br />but if you need further informatio:l, please advise me at your <br />convenience. <br /> <br />~~)~~. --vi-. <br />--- (j <br />R chard f, Mut bau<Jh <br />Assistan.t County A.ttorney <br /> <br />RFM: km <br /> <br />-5- <br />