WSP08985

• File Number: 8449.900
• Description: Bear Creek
• State: CO
• Basin: South Platte
• Date: 1/1/1971
• Author: CWCB
• Title: Board Memos and Resolutions
• Water Supply Pro - Doc Type: Board Memo

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(5) Property ~<ners will be paid or reimbursed for necessary
expenses as specified in Sections 303 and 304 of said Act.

b. Hold and save the United States free from damages due to
water-rights claims resulting from construction and operation of the Project;

c. Prevent encroachment on the flow-carrying capacity of the
Bear Creek Channel below the reservoir and the South Platte River Channel below
the confluence of Bear Creek to the extent necessary to provide for effective
reservoir operation in the interest of flood control, The area required for
the flow-carrying capacity is more fully described in paragraph 3, below.
The extent of channel covered by this agreement is the Bear Creek Channel
from immediately below the dam to the confluence with the South Platte River
and that portion of the South Platte River Channel extending to Hampden Avenue.
The following will be considered as minimum action required to fulfill the
obligations of preventing encroachments.

(1) Prevent man-made encroachments such as dumping or
wasting of materials in the channel.

(2) Insure that accumulations of debris around structures
in the channel such as bridges and weirs will be removed promptly following
a flood.

(3) Control all alterations of the channel such as re-
locating, constricting, enlarging, placing of erosion protection and raising
or lowering of the adjacent stream banks. Alterations which provide for equal
or greater channel capacity will be permitted but must be preceded by adequate
plans defining the proposed alterations. A set of plans must be submitted to
the Government for review and written concurrence before initiation of the
channel alterations, A current file of plans showing channel alterations must
be maintained.

d. Adequately inform affected interests, at least annually,
that the project will not provide complete flood protection; and

e. Provide guidance and leadership in preventing unwise and
uneconomical future development of the flood plain areas by encouraging prudent
use of floodproofing, land regulation planning, or other flood plain management
techniques to reduce future flood losses.

2. The Board hereby gives the Government a right to enter upon, at
reasonable times and in a reasonable manner, lands which the Board owns or
controls, for access to the Project for the purpose of inspection, and for the
purpose of maintaining the Project, if such inspection shows that the Board
for any reason is failing to maintain the Project in accordance with the
assurances hereunder and has persisted in such failure after a reasonable notice
in writing by the Government delivered to the Chairman of the Board. No

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