In regards to the story headlined “Soaked by the city” (Herald, March 6): A perusal of Colorado statutes suggests that the city of Durango does not have sovereign immunity when it comes to water main breaks.
According to Colorado Revised Statutes 24-10-106, “Sovereign immunity is waived by a public entity in an action for injuries resulting from: ... (f) The operation and maintenance of any public water facility.”
The reply taxpayers received from the city’s insurance company is simply a self-serving opinion. The insurance company cannot determine where sovereign immunity applies.
Furthermore, it is extremely important that anyone damaged by the city research and file a claim under the provisions of the law C.R.S 24-10-109 within 180 days of the damage that has occurred because a “failure of compliance shall forever bar any such action.” Make sure such a claim is filed no matter what anyone tells you. If the city’s insurance company is wrong in their opinion, and you fail to file a claim within 180 days, you are out of luck.
The city has doubled your water bill and in the past has been spending your tax dollars to buy Animas-La Plata Project water instead of fixing its obvious water infrastructure needs. Do the people damaged by insufficient maintenance of the city’s water infrastructure need A-LP water? Absolutely not. It is entirely for future growth. Durango has all the water and water rights necessary to serve you and your neighbors forever. It is only when the city grows beyond 40,000 people that the A-LP water is even remotely feasible. This is a classic example of chickens coming home to roost. We have a reservoir full of water no one needs, no one can use and a city government that spends money on wet dreams rather than infrastructure improvements to the detriment of its citizens.
Michael Black Taxpayers for the Animas River
Durango
