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2.3 Legal Framework Three critical aspects of flood hazard mitigation relevant to this plan are dam safety, ::loodplain management, and emergency preparedness. State enabling legislation, executive orders and memorandums adopted and currently in force for each of these cr it ical aspect s are listed in the fOllowing paragraphs and selected author it ies are reproduced in the Appendh. 2,3.1 Dam Safety The safety of dams in Colorado is bility of the Division of Water Resources the Department of Natural Resources. developed by this agency are administered following: t:he pr ima ry res pons i- (State Engineer) under Dam Safety programs under authority of the . Title 35, Article 49, Colorado Revised Statutes 1973, Agriculture, LivestocJ; WatE!r Tanks. . Title 37, Article 87, Colorado RE!vised Statutes 1973, Water and Irrigation, Reservoirs, . Contracts signed pursuant to publi.c Law 92-.367, National Dam Inspect ion Act of Augu~it 8, 1972. The state engineer is required to approve plans for reservoi rs (CRS 37-87-105), tc, supervlse thE! construct ion of dams (CRS 37....87-106), to "annually determine the amount of water which is safe to impound in the several reservoirs within this state" (CRS 37-87-107) and "upon complaint" examine a reservoir and "determine the amount of wat~r it is safe to impound therein" (CRS 37-87-109). None of the above provisions relieve reservoir owners "from the payment of such damages as may be caus,~d by the breaking of the embankment thereof, but in the event thereof of any such reservoir overflowing, or t'1e embankments, dams, or outlets breaking or washing out, the owners thereof shall be liable for all damage occasioned thereby" (CRS 37-87-113). Another sect ion provides that "the owner of 01 resE~rvoir shall be liable for all damages arising from leakage or ov.!rflow of the waters therefrom or floods caused by the brE,aking of the embankments of such reservoir." It goes on to say, however, that shareholders, employees and members of boards of directors of an owner of a reservoir are not liable for such damages if' an insurance policy, meeting certain requirements, has been purchased by the owner (CRS37-87-104) "Neither the State Engineer nor any member of his staff or any person appointed by him shall be liable in damages for any act done by him in pursuance of the provisions of this article." (CRS 37-87-115). -41.-