Everyone loves the D&S, and thinks they should be excused. But think about every time a major forest fire is started by careless campers, for example, causing millions of dollars in damage and millions for fire suppression operations (and sometimes loss of life). No one thinks the campers should be excused in those cases, and in fact they are subject to civil and criminal liability.
The D&S hasn't been found liable yet, and I hope they aren't, but under the law they can't be treated any different from any other organization, or any individual. Personal bias has to be set aside, and the matter approached dispassionately and impartially. Something to think about.
And laws holding railroads liable for damage caused by fires are not unique to Colorado. It is not "Colorado being Colorado." Many, if not all, other states have similar laws. This is the Wisconsin statute, for example:
192.44 Fires; railroad liability; action for damages.
192.44(1)(1) Each railroad corporation owning or operating a railroad shall be liable to the owner of property injured or destroyed by fire communicated directly or indirectly by locomotives in use upon such railroad, or by the burning of grass, weeds or rubbish on the right of way by employees of such corporation; and such railroad corporation may procure insurance in its own behalf for its protection against such liability.
192.44(2) (2) To recover such damages, it shall only be necessary for the owner to prove the loss of or injury to the owner's property, and that the fire originated in the manner hereinbefore stated.
