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<br />.~ <br /> <br />........ <br /> <br />. <br />" <br /> <br />;' ." <br /> <br />Ill. <br /> <br />IV. <br /> <br />The principal provisions of Colorado law tnat apply to dam <br />inspections and failures are briefly described below. The <br />state engineer is required to approve plans for reservoirs <br />(CRS 37-87-105), to supervise the construction of dams (CRS <br />37-87,106), to "annually determine the amount of water which <br />is safe to impound in the several reservoirs within this <br />state" (CRS 37 ,87 107) and, "upon complaint". examine a <br />reservoir and "determine the amount of water it is sate to <br />impound therein" (CRS 37-87-109). <br /> <br />None of the above provisions relieve reservoir owners "from <br />tne payment of such damages as may be caused by the breaking <br />of the embankments tnereof. but in the event thereof of any <br />such reservoir overflowing. or the embankements. dams. or <br />outlets breaking or washing out, the owners thereof shall be <br />liable for all damage occasioned thereby" (CRS 37-87-11]). <br />Another section provides that lithe owner or a reservoir <br />shall be liable for all damages arising from leakage or <br />overflow of the waters therefrom or floods caused by the <br />breaking of the enbankements of such reservoir." It goes on <br />to say that shareholders, employees and members of boards of <br />directors of an owner of a reservoir are noe liable for such <br />damages if an insurance ?olicy. meeting certain <br />requirements. has been purchased by tne owner (CRS <br />37-87-104) "Neither the State Engineer nor any member of his <br />staff or any person appointed by him shall be liable in <br />damages for any act done by him in pursuance of the <br />provisions of tnis article." (CRS 37-87,115) <br /> <br />The provision about annually determining the amount a <br />reservoir may fill has been frequently interpreted) <br />mistakenly I believe, as requiring an annual inspection. <br /> <br />In fact. informat~on from many sources must he utilized in <br />making such a judgment, although periodic, formal <br />inspections must be made. Information from neighbors. <br />owners, water commissioners, and others snould all be used. <br />As mentioned above, once a reservoir is restricted by the <br />state engineer, that restriction remains in effect until the <br />conditions for again fully utilizLng it are met, whether or <br />not an inspection LS made within one year. <br /> <br />Laws calling for tne inspection of dams by federal officials <br />substantially influenced activities by Colorado dam <br />,inspectors since 1978. The federal program is outlined in <br />Attachment G, and Attachment H describes a program for <br />inspection by federal officials of intermediate hazard dams <br />on federal lands. Our information is that the federal <br />government was able to make only about 25 percent of the <br />inspections called for by Attachment H. <br /> <br />6 <br />