concurring:
I concur but write to point out that plaintiffs correctly state that in Rocky Mountain I, we remanded the case to develop an adequate record to separate decisions which qualified as “policy” from those that may have been only “operational.” However, we also expressly held that on remand, defendants should not be foreclosed from asserting any of the other defenses which they had raised in their pleadings in addition to governmental immunity, which was their defense in Rocky Mountain I.
*853The record reflects that all three defendants had raised in their pleadings lack of duty to plaintiffs and that the flood of 1983 was an “act of God” for which they should not be held liable. Thus, our decision today, which relies on those defenses, does not depart from the order of remand in Rocky Mountain I.
GREENWOOD, Court of Appeals Judge, sat to fill the vacancy on the Court.