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<br />SECTION V <br /> <br />LEGAL DPIN ION <br /> <br />In order that alternates developed for consideration in Phase A could <br />be properly evaluated, a legal opinion was obtained from Mr. Ronald H. <br />Strahle of Ft. Collins which evaluated the liabil ities to the various publ ic <br />and private agencies. The opInion was prepared in conjunction with the <br />Phase A report and was augmented by on..site Inspections by Mr. Strahle. <br />Certain key aspects of this opinIon are discussed subsequently and the <br />entire opinion Is contained In Appendix A at the back of this report. <br /> <br />Leqal Principles <br /> <br />1. Surface Water is that whIch is; diffused over the ground as opposed <br />to water flowing In channels. <br /> <br />2. MunIcIpal rIghts and llabll i ties as to surface waters are the <br />same as those of private landownel's wltr.;n the city. There Is <br />no duty to construct sewers to take care of surface water. <br /> <br />3. "The mere fact that a water course runs '~hrough the boundaries <br />of a gove rnmen ta 1 en t I ty does not I mpose a du ty upon the en t I ty <br />to keep the stream In safe condItIon or free from obstructions." <br /> <br />4. "Persons or entities who wish to alter natural drainage conditions <br />must do so In such a way that lower landowners are not injured." <br /> <br />5. '~n entity which obstructs the flow of . natural water course and <br />thus causes Injury to adjacent landowner" is i lab Ie." <br /> <br />6. "In addition, liabilIty may also be cre!lted by the construction <br />of a bridge or highway crossing over a natural water course and <br />failing to provide sufficient capacity for passage of forseeable <br />runoff. " <br /> <br />7. "The Urban Drainage District is subject to sui t for damage caused <br />by neglIgent acts or omissions of the d>str1ct. The liability 15 <br />not absolute, however, and the person s~"eking to recover must <br />prove that his damages were the proxima:e result of the district's <br />negligent act or omIssion." <br /> <br />8. The "Act of God" doctrine should not be relied upon as a first <br />line of defense. <br /> <br />9. The District can abandon the project once it is started only If <br />"the abandonment will not leave individuals in ,3ny worse condition <br />than they wou 1 d have been if the proj ec t had neve r been unde r taken". <br /> <br />V-I <br />