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" ~ 1986 ~ ......--- u ~ --:- o ..--/~ - - HOUSE BILL NO. 1185. 8Y REPRESENTATIVES Swenson, Shoemaker, Herzog, Dambman, Carpenter, Younglund, Entz, McInnis, Armstrong, Bledsoe, Entz, Erickson, Hutzebaugh, Pankey, Paulson, and Underwood; ,also SENATORS 8ishop, McCormick, Beatty, Brandon, Durham, P. Powers, R. Powers, Rizzuto, Wattenberg, and Winkler. CONCERNING THE LIABILITY FO~ DAMAGES RESULTING FROM 'THE FLOW OF ANY WATER FROM A RESERVOIR. Be it enacted BY the General Assembly of the State 2! Colorado: SECTION 1. 37-87-104, Colorado Revised Statutes, as amended, is REPEALED AND RE~NACTED, WITH AMENDMENTS, to read: 37-87-104. Liability of owners for dama~e. (1) Any provision of law to the contrary not.".;thstanding, no entity or person who owns, controls, ,or operates a water storage reservoir shall be held liable for any personal injury or property damage resulting from water escaping from that reservoir by overflow or as a result of the failure or partial failure of the structure o~ structures forming that reservoir unless such failure or partial failure has been proximately caused by the negligence of that entity or person. No entity or person shall be required to pay punitive or ex~~plary damages for such negligence in excess of that provided by law. Any previous rule of law imposing absolute or strict liability on such an entity or person is hereby repealed. (2) No such entity or person shall be liable for allowing the inflow to such reservoir to pass through it into the natural stream below such reservoir. (3) (a) No stockholder, officer, directors of an owner of a reservoir persona I injury or property damage or member of a board of shall b.e liable for any resulting from water Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such ~uterial not part of act.