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<br /> <br />JOHNW. SUTHERS <br />Attorney General <br /> <br />CYNTHIA H. COFFl\IAN <br />Chief Deputy Attorney General <br /> <br />ALLISON H. Em <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BUILDING <br />1525 Shennan Street - 5th Floor <br />Denver. Colorado 80203 <br />Phone (303) 866-4500 <br /> <br />OFFICE OF THE ATTORNEY GENERAL <br /> <br />March 9,2006 <br /> <br />CONFIDENTIAL MEMORANDUM <br /> <br />PRIVILEGED ATTORNEY -CLIENT MEMORANDUM <br /> <br />TO: Frank McNulty <br />Assistant Director for Water <br />Department of Natural Resources <br /> <br />FROM: Casey Shpall <br />Deputy Attorney General <br />Natural Resources and Environment Section <br /> <br />RE: Immunity of Members of Basin Roundtables <br /> <br />st <br />Last year the General Assembly enacted the Colorado Water for the 21' Century Act <br />("Interbasin Compacts Act"), which created basin roundtables to discuss and formulate solutions <br />for water and drought issues in the various river basins of Colorado. ~~ 37-75-101 to 106, c.R.S. <br />The membership composition of the roundtables is set out by statute. ~ 37-75-104(4)(a), C.R.S. <br />Members include, among others, representatives of municipalities, counties, conservancy <br />districts, conservation districts and ditch companies. <br /> <br />You have requested my advice on whether basin roundtable members have liability coverage. <br />The questions and short answers are as follows: <br /> <br />1. Are the members of the roundtable protected by the Colorado Governmental Immunity <br />Act? Yes, the roundtables appear to fall within the definition of public entities covered <br />by the Colorado Governmental Immunity Act. <br /> <br />2. Are the basin roundtables covered by the State's Risk Management Program or must they <br />find some other mechanism with which to indemnify themselves? I have requested that <br />Risk Management assess whether the roundtables are indemnified under that Program. <br />Once a determination of coverage is made, I will forward it to you immediately. <br /> <br />This informal opinion is that of the author, not the Attorney General. <br />