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<br />37-87-114.5 Applicability of provisions - exemptions.-- (1) The <br />provisions of sections 37-87-105 to 37-87-]14 shall not apply to: <br />(a) Structures not designed or operated for- the purpose of storing <br />water; <br />(b) Mill tailings impoundment structures permitted under article <br />32 or 33 of title 34, C.R.S.; <br />(c) Uranium mill tailings and liquid impoundment structures per- <br />mitted under article 11 of title 25, C.R.S., provided that the state engine <br />shall render such consultation as necessary for the permitting of such <br />structures; <br />(d) Siltation structures permitted under article 33 of title 34, <br />C.R.S.; or <br />(e) Structures which store water only below the elevation of the <br />natural surface of the ground. <br />37-87-115. Damages.-- The provisions of this article are undertaken <br />by the state of Colorado ;n the discretionary exercise of its governmental <br />authority. Therefore, neither the state of Colorado, the state engineer <br />nor any member of his staff or any person appointed by him shall be liable <br />in damages for any act done by him or for his failure to act in pursuance <br />of the provisions of this article. In addition, the state engineer and any <br />member of his staff and any person appointed by him shall have the same <br />immunity from liabi]ity as other public employees pursuant to the provision <br />or article 10 of title 24, C.R.S. <br />