Colo. Rev. Stat. » Title 24
Colorado Revised Statutes

Colo. Rev. Stat. § 24-10-104 (2026)

Waiver of sovereign immunity

✓ current as of July 2026
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Notwithstanding any provision of law to the contrary, the governing body of a public entity, by resolution, may waive the immunity granted in section 24-10-106 for the types of injuries described in the resolution. Any such waiver may be withdrawn by the governing body by resolution. A resolution adopted pursuant to this section shall apply only to injuries occurring subsequent to the adoption of such resolution.

Source: L. 71: p. 1205, § 1. C.R.S. 1963: § 130-11-4. L. 86: Entire section R&RE, p. 875, § 3, effective July 1.

Cross references: For authorization to procure insurance against liability, see §§ 24-10- 115 and 24-14-102.

Notes of Decisions
Cited in 43 cases (5 in the last 5 years), 1977–2025 · leading case: Colorado Special Districts Prop. & Liab. Pool v. Lyons, 277 P.3d 874 (Colo. Ct. App. 2012).
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Colorado Special Districts Prop. & Liab. Pool v. Lyons, 277 P.3d 874 (Colo. Ct. App. 2012). · cites it 20× “According to an affidavit submitted by the Pool and CTSI's general counsel, "(there has been no resolution adopted by either CTSI or the Pool waiving immunity pursuant to C.R.S. § 24-10-104." The Lyonses chose not to conduct any discovery challenging this affidavit, and nothing…”
Fogg v. MacAluso, 892 P.2d 271 (Colo. 1995). · cites it 6× “(1988) of the GIA provides: Except as provided in sections 24-10-104 to XX-XX-XXX, sovereign immunity shall be a bar to any action against a public entity for injury which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of…”
Owen v. City of Indep., 445 U.S. 622 (1980). · cites it 2× “[26] Colo. Rev. Stat. § 24-10-104 (1973); Mo. Rev.”
Cobbin Ex Rel. Cobbin v. City & Cnty. of Denver, 735 P.2d 214 (Colo. Ct. App. 1987). · cites it 10× “” Section 24-10-104, C.R.S. (1982 Repl. Vol.”
State v. Nieto, 993 P.2d 493 (Colo. 2000). · cites it 2× “Section 24-10-106 provides, in relevant part: (2) Nothing in this section or in section 24-10-104 shall be construed to constitute a waiver of sovereign immunity where the injury arises from the act, or failure to act, of a public employee where the act is the type of act for…”
State v. Mason, 724 P.2d 1289 (Colo. 1986). · cites it 5× “§ 24-10-104(1), 10 C.R.S. (1982). II. The question before us is whether the rationale for granting parole board members quasi-judicial immunity, a form of official immunity, 4 also entitles the parole board as an entity and the state of Colorado to quasi-judicial immunity.”
Verner v. State of Colo., 533 F. Supp. 1109 (D. Colo. 1982). · cites it 3× “§ 24-10-108 (1973) provides that sovereign immunity is a defense except as provided in C.R.S. §§ 24-10-104, 24-10-106. § 24-10-104 waives sovereign immunity for public entities which provide insurance coverage against liability for the type of damage which occurred.”
Cikraji v. Snowberger, 410 P.3d 573 (Colo. Ct. App. 2015). “(C.R.S. 24-10-104 )." We do not consider bald factual or legal assertions presented without argument or development.”
Griess v. State of Colo., 624 F. Supp. 450 (D. Colo. 1985). · cites it 6× “Section 106(b) provides for the waiver of immunity to suit in those cases arising out of the operation of any correctional facility or jail.”
Pierson v. Black Canyon Aggregates, Inc., 32 P.3d 567 (Colo. Ct. App. 2001). · cites it 7× “They further assert that this contractual provision, together with the county's adoption of a resolution approving the agreement between it and Black Canyon, resulted in a waiver of the county's immunity pursuant to § 24-10-104, ©.R.8.2000. Section 24-10-104 provides in…”
Reg'l Transp. Dist. v. Voss, 890 P.2d 663 (Colo. 1995). · cites it 2× “See § 24-1-108 ("Except as provided in § 24-10-104 to XX-XX-XXX, sovereign immunity shall be a bar to any action against a public entity for injury which lies in tort.”
Slovek v. Bd. of Cty. Com'rs of Weld Cty., 697 P.2d 781 (Colo. Ct. App. 1985). · cites it 3× “Whether sovereign immunity was not available to defendant because of the presence of insurance under § 24-10-104, or whether the defendant simply voluntarily became a litigant is of no consequence here.”
Show all 43 citing cases →
— Colo. Rev. Stat. § 24-10-104(1) — 5 cases
State v. Mason, 724 P.2d 1289 (Colo. 1986). “§ 24-10-104(1), 10 C.R.S. (1982). II. The question before us is whether the rationale for granting parole board members quasi-judicial immunity, a form of official immunity, 4 also entitles the parole board as an entity and the state of Colorado to quasi-judicial immunity.”
Slovek v. Bd. of Cty. Com'rs of Weld Cty., 697 P.2d 781 (Colo. Ct. App. 1985). “Whether sovereign immunity was not available to defendant because of the presence of insurance under § 24-10-104, or whether the defendant simply voluntarily became a litigant is of no consequence here.”
Cobbin Ex Rel. Cobbin v. City & Cnty. of Denver, 735 P.2d 214 (Colo. Ct. App. 1987). “” Section 24-10-104, C.R.S. (1982 Repl. Vol.”
Mason v. State, 689 P.2d 199 (Colo. Ct. App. 1984).
Valdez v. City & Cnty. of Denver, 764 P.2d 393 (Colo. Ct. App. 1988).
— Colo. Rev. Stat. § 24-10-104(2) — 2 cases
Forrest v. Cnty. Commissioners In & For the Cnty. of Adams, 629 P.2d 1105 (Colo. Ct. App. 1981).
Forrest v. Cnty. Com'rs, Etc., 629 P.2d 1105 (Colo. Ct. App. 1981).
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