§ 37-87-108.5 — Emergency actions

Colorado § 37-87-108.5

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Reservoirs

Text

(1) If, in the opinion of the state engineer,
conditions of any dam or reservoir are so dangerous to the health and safety of life
or property as not to permit time for issuance and enforcement of an order relative
to construction, modification, maintenance, or restriction of storage, or the dam is
threatened by any large flood, the state engineer may immediately employ
remedial measures necessary to protect such life and property.

(2) (a) The state engineer shall maintain complete control of any such dam or
reservoir which, pursuant to subsection (1) of this section, has been determined to
be dangerous to life or property until such dam or reservoir is deemed safe, or until
any emergency conditions which precipitated the state engineer taking control of
any such dam or reservoir, pursuant to subsection (1) of this section, have abated.
The state engineer is hereby empowered to determine the proper time at which to
relinquish control of any such dam or reservoir.

(b) For purposes of this paragraph (b), measures taken by the state engineer
pursuant to subsection (1) of this section shall be deemed final action by the state
engineer for purposes of judicial review. The owner or operator of any dam upon
which the state engineer has employed remedial measures pursuant to subsection
(1) of this section may seek judicial review of the propriety of such measures by
filing an action in the state district court for the district in which such dam is
located.

(3) (a) Any necessary and reasonable costs and expenses incurred by the
state engineer in fulfilling the duties mandated by subsections (1) and (2) of this
section in connection with a remedial or emergency action shall be recoverable by
the state engineer from the owner of any such dangerous or threatened dam.

(b) Any owner failing or refusing, after written notice has been given, to pay
the reasonable costs and expenses incurred by the state engineer pursuant to
paragraph (a) of this subsection (3) shall be, upon complaint by the state engineer
to the attorney general, subject to reasonable attorney fees incurred in the
recovery of such costs and expenses.

(4) (a) All moneys collected by the state engineer pursuant to subsection (3)
of this section shall be credited to the emergency dam repair cash fund created in
section 37-60-122.5, to the extent necessary to replenish the account. Moneys
collected in excess of such amount shall be credited to the Colorado water
conservation board construction fund.

(b) The general assembly shall make annual appropriations from the
emergency dam repair cash fund created in section 37-60-122.5, for the direct and
indirect costs incurred by the state engineer in the performance of those duties
authorized to be carried out by the state engineer in this section.

Legislative History

Source: L. 92: Entire section added, p. 2308, � 11, effective June 3. L. 2001: (4) amended, p. 696, � 35, effective May 30.