BOARD00027 ‎(2)‎

• Board Meeting Date: 9/19/2006
• Description: Flood Protection Section - South Platte River Right of Way - Special Use Agreements
• Board Meetings - Doc Type: Memo

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STATE OF COLORADOt

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

TO:
FROM:
DATE:
SUBJECT:

Colorado Water Conservation Board Members
Tom Browning P.E., Chief, Flood Protection Section
September 7, 2006
Agenda Item 9, September 19-20, 2006 Board Meeting --
South Platte River Right of Way - Special Use Agreements

Russel George
Execulive Director

Rod Kuharich
CWCB Director

Dan McAuliffe
Deputy Director

Background
In the 1980s, the United States Army Corps of Engineers (Corps) constructed the Chatfield Downstream
Channel Improvement Project (Project). The Project consisted of improvements to the river channel from
Columbine Valley downstream to approximately the Bear Creek confluence to provide improved
drainage, flood protection, and increased channel conveyance. The CWCB owns and controls
approximately seven miles of right-of-way along the South Platte channel and floodplain. The CWCB
management of this land is subject to the terms of the September 7, 1977 and January 29, 1980
Agreements (Corps Agreements) between the CWCB and the Corps, which obligate the CWCB to operate
and maintain the Project improvements.

The CWCB works in conjunction with the South Suburban Parks and Recreation District and the Urban
Drainage and Flood Control District to maintain the Project and Project lands. The CWCB periodically
receives requests for permanent easements across Project lands and most recently has received requests
for permission for special use or emergency access for repair work.

Discussion
There have been two recent atypical requests to use the Project lands. The first request occurred on July
28, 2006 when a water pipeline belonging to the City of Englewood experienced a structural failure. The
City coordinated with the CWCB for access in order to expeditiously repair the pipeline, which involved
welding the pipeline underneath the Oxford Avenue bridge crossing of the river. The repair work required
a bucket-truck to operate on the banks of the River within the CWCB's right-of-way. Staff generated an
emergency contract which was signed by the City and by an authorized CWCB staff member on July 29,
2006. The second request occurred on August 13,2006 when the Littleton Rotary Club hosted a rubber
ducky race. The CWCB staff granted access for use of the Project land in that case as well. In both cases,
the CWCB was named as an additional insured entity on the Certificates of Liability Insurance from the
two applicants.

The potential exists for a third scenario where immediate emergency access for repair work is needed (e.g.
removal of debris from bridge in flood event or repair of damaged infrastructure) for which there may not
be time to develop formal agreements or secure waivers ofliability. The Corps of Engineers has

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning