(1) To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or minimize erosion of the soil and soil blowing. If soil blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil.
Any owner or occupier who sustains damages to his property, including but not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock, proximately caused by the failure of any other owner or occupier of other land to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction.
Any unit of state government or any agency of the state or federal government whichsustains damages to any of its property, including but not limited to roads, barrow ditches, or fences, proximately caused by the failure of an owner or occupier to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from such owner or occupier by bringing an action in any court of competent jurisdiction.
Such recourse to the court may be taken only upon demonstration that such owner,occupier, unit, or agency of government allegedly sustaining damages has submitted a written report of soil blowing to the board pursuant to section 35-72-103.
In any action brought under this section, any preventive practice followed by an owner or occupier pursuant to a citation issued by a board pursuant to the provisions of section 35-72-103 is not an admission of tort liability, in any such action, and no determination of the board shall give rise to a presumption of negligence or lack of negligence of an owner or occupier.
The provisions of this section shall not apply to any land less than one acre in area.
Source: L. 54, 2nd Ex. Sess.: p. 22, § 2. CRS 53: § 128-3-2. C.R.S. 1963: § 128-3-2. L. 81: Entire section amended, p. 1695, § 2, effective July 1. L. 83: Entire section amended, p. 1376, § 3, effective May 12.