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City of Colorado Springs v. Powell6/17/2002
rt concluded that the sanitation facility exception of the CGIA included injuries resulting from the operation and maintenance of a storm drain. Id.
In subsequent cases, the court of appeals held that an injury from a storm sewer and an injury from ice accumulation in part of a storm water drainage system were within the ambit of the sanitation facility exception. Scott, 931 P.2d 525; Smith, 944 P.2d 571 (Colo. App. 1996). We agree with the court of appeals' interpretation of sanitation facility.
When construing a statute, we strive to give effect to the intent of the General Assembly. State v. Nieto, 993 P.2d 493, 500 (Colo. 2000). When a phrase has a plain meaning, or is defined in the statute, we need not resort to rules of statutory interpretation. Farmers Ins. Exch. v. Bill Boom Inc., 961 P.2d 465, 470 (Colo. 1998). As a logical corollary, when a phrase is not defined and does not have a plain meaning, we explore other sources. Nieto, 993 P.2d at 501.
Because "sanitation facility" is not defined in the CGIA and does not possess a common meaning, we must look outside of the statute to interpret the phrase. Accord City & County of Denver v. Gallegos, 916 P.2d 509, 511 (Colo. 1996)(concluding that the phrase "public water facility" in section 24-10-106(1)(f) does not have an ordinary meaning). "Sanitation facility" is a technical term and should be construed accordingly. See § 2-4-101, 1 C.R.S. (2001)(directing that "phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly"); Nieto, 993 P.2d at 500.
Although sanitation facility is not defined, "sanitation district," § 32-1-103(18), 9 C.R.S. (2001), and "sewerage facilities," § 30-20-401(4), 9 C.R.S. (2001), are. We look to the definitions of these phrases to aid our analysis. See B.G.'s, Inc. v. Gross, 23 P.3d 691, 694 (Colo. 2001)(noting that other statutes dealing with the same subject is an extrinsic aid to statutory interpretation). A "sanitation district" is defined as a "special district that provides for storm or sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, or solid waste disposal facilities or waste services, and all necessary or proper equipment and appurtenances incident thereto." § 32-1-103(18), 9 C.R.S. (2001). Similarly, "sewerage facilities" are defined as "the various devices used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature, or storm, flood, or surface drainage waters, including all inlets, collection, drainage, or disposal lines, intercepting sewers, joint storm and sanitary sewers, sewage disposal plants, and outfall sewers." § 30-20-401(4), 9 C.R.S. (2001).
Because the General Assembly has defined both "sanitation district" and "sewerage facilities" to encompass drainage of raw sewage as well as storm and surface waters, we hold that the term "sanitation facility" encompasses this broad range of functions as well. A broad interpretation of the waiver provisions of the CGIA is appropriate because the CGIA is in derogation of the common law. Medina v. State, 35 P.3d 443, 453 (Colo. 2001).
The drainage ditch in this case, a ditch built by and for the city to accommodate storm water runoff, clearly fits this broad definition of sanitation facility.
B. Application of the Operation and Maintenance Provision
Having outlined the scope of the term "sanitation facility" and concluded that the drainage ditch in this case falls within the scope of that definition, we now apply section 24-10-106(1)(f) to the facts of this case.
Pursuant to section 24
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