Borquez v. United States

I respectfully dissent.

The Association and the Forest Service shared responsibility for managing the Roosevelt Power Canal Diversion Dam, where the drowning incident occurred. The Association was responsible for operating the dam for irrigation and power generation purposes, while the Forest Service administered the area around and including the dam as a recreational area within Tonto National Forest. I conclude that because of the Forest Service’s management activities, the United States had a duty to warn recreational visitors to the dam area concerning the potential dangers associated with…