Colorado Code
Article 10 - Governmental Immunity
§ 24-10-103. Definitions

As used in this article 10, unless the context otherwise requires:
(1.3) "Dangerous condition" means either a physical condition of a facility or the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist and which condition is proximately caused by the negligent act or omission of the public entity or public employee in constructing or maintaining such facility. For the purposes of this subsection (1.3), a dangerous condition should have been known to exist if it is established that the condition had existed for such a period and was of such a nature that, in the exercise of reasonable care, such condition and its dangerous character should have been discovered. A dangerous condition shall not exist solely because the design of any facility is inadequate. The mere existence of wind, water, snow, ice, or temperature shall not, by itself, constitute a dangerous condition.
(1.5) "Health-care practitioner" means a physician, dentist, clinical psychologist, or any other person acting at the direction or under the supervision or control of any such persons.

(2.5) "Maintenance" means the act or omission of a public entity or public employee in keeping a facility in the same general state of repair or efficiency as initially constructed or in preserving a facility from decline or failure. "Maintenance" does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.
(2.7) "Motor vehicle" means a motor vehicle as defined in section 42-1-102, C.R.S., and a light rail car or engine owned or leased by a public entity.

(3.5) "Prescribed fire" means the application of fire in accordance with a written prescription for vegetative fuels and excludes a controlled agricultural burn.

(5.5) "Public sanitation facility" means structures and related apparatus used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature that is operated and maintained by a public entity. "Public sanitation facility" does not include: A public water facility; a natural watercourse even if dammed, channelized, or containing storm water runoff, discharge from a storm sewer, or discharge from a sewage treatment plant outfall; a drainage, borrow, or irrigation ditch even if the ditch contains storm water runoff or discharge from storm sewers; a curb and gutter system; or other drainage, flood control, and storm water facilities.
(5.7) "Public water facility" means structures and related apparatus used in the collection, treatment, or distribution of water for domestic and other legal uses that is operated and maintained by a public entity. "Public water facility" does not include: A public sanitation facility; a natural watercourse even if dammed, channelized, or used for transporting domestic water supplies; a drainage, borrow, or irrigation ditch even if dammed, channelized, or containing storm water runoff or discharge; or a curb and gutter system.

Source: L. 71: p. 1205, § 1. C.R.S. 1963: § 130-11-3. L. 82: (4) amended, p. 604, § 6, effective July 1. L. 86: (1), (2), and (4) amended, p. 874, § 2, effective July 1. L. 87: (4) amended and (1.5) added, p. 929, § 1, effective June 20. L. 88: (4)(b)(I) amended and (4)(b)(IV) and (4)(b)(V) added, p. 893, § 1, effective March 20. L. 92: (1) and (5) amended and (6) added, p. 1115, § 1, effective July 1. L. 93: (4) amended, p. 571, § 1, effective April 30. L. 2002: (4)(b)(VI) added, p. 490, § 1, effective May 24. L. 2003: (1) and (3)(a) amended and (2.5), (5.5), and (5.7) added, p. 1343, § 2, effective July 1. L. 2004: (4)(b)(V) amended, p. 1200, § 61, effective August 4. L. 2007: (2.7) added, p. 1025, § 1, effective July 1. L. 2008: (4)(b)(VII) added, p. 32, § 1, effective March 13; (4)(b)(I) amended, p. 2051, § 2, effective July 1; (4)(a) amended, p. 610, § 2, effective August 5. L. 2012: (1) amended and (1.3), (3.5), and (7) added, (HB 12-1361), ch. 242, p. 1144, § 1, effective June 4. L. 2013: (5) amended, (HB 13-1294), ch. 313, p. 1644, § 1, effective May 28; (4)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 51, effective August 7. L. 2018: (4)(b)(VII) amended, (HB 18-1375), ch. 274, p. 1705, § 35, effective May 29. L. 2019: IP and (4)(b)(IV) amended, (HB 19-1172), ch. 136, p. 1687, § 125, effective October 1. L. 2020: (4)(b)(IV) amended, (HB 20-1183), ch. 157, p. 701, § 55, effective July 1; (4)(c) added, (HB 20-1330), ch. 230, p. 1118, § 1, effective September 14.
Editor's note: Section 3(2) of chapter 230 (HB 20-1330), Session Laws of Colorado 2020, provides that the act changing this section applies to acts or omissions occuring on or after January 1, 2021.
Cross references: (1) For the exclusion of children ordered to participate in a work or community service program from the definition of "public employee", see § 19-2-308 (8).
(2) For the legislative declaration contained in the 2003 act amending subsections (1) and (3)(a) and enacting subsections (2.5), (5.5), and (5.7), see section 1 of chapter 182, Session Laws of Colorado 2003.