Durango property owners who experienced flooding as a result of city waterlines that broke this winter are exploring legal options for reimbursement.
At least five property owners incurred thousands of dollars in damages as a result of city waterlines that burst under cold conditions December through February. The city’s insurance provider, CIRSA, has so far denied homeowners’ claims for compensation, saying the city is protected under “sovereign immunity.”
But Colorado law says sovereign immunity is waived by public entities in the operation and maintenance of any public water facility.
Durango lawyer Michael McLachlan, who has consulted with a couple of property owners affected, said the definition of water facility doesn’t necessarily extend to water pipes. Case law suggests a city must act negligently to forfeit its protection under sovereign immunity, he said.
McLachlan said he is investigating why the pipes broke and why it took so long in certain cases to shut off the flow. Property owners said it took the city up to six hours to stop the flow in one location and up to four hours in another location.
McLachlan obtained a settlement in 2007 when a municipal waterline ruptured and flooded a basement in the 200 block of Riverview Drive.
In that case, the property owners accused the city of negligence on several fronts: The underground waterline had broken several times in the past, but the main was not replaced; when the pipe was installed in 1956, the city bent the pipe rather than use an elbow pipe joint, which weakened the pipe and shortened its life expectancy; and the city had no waterline replacement program.
The city’s insurance carrier paid $26,000 to settle the case.
shane@durangoherald.com
