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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />.. <br /> <br />THE Dow LAW FIRM, LLC <br />A lTORNEYS AND COUNSELORS A T LAW <br /> <br />TIMOTHY J. DOW, MBA, JD <br />PATRICIA T. DOW, cpA, LLM <br /> <br />P.O, BOX 1578 <br />FORT COLLJNS, COLORADO 80522.1578 <br />(970) 498-9900 <br /> <br />FAX: (970) 498-9966 <br />E-MAIL: dow@dowlawfinn.com <br /> <br /># 7 CLOCK TOWER SQUARE <br />323 SOUTH COLLEGE AVENUE <br />FORT COLLINS, COLORADO 80524 <br /> <br />MAYO SOMMERMEYER, PC" <br />OF COUNSEL <br /> <br />2312 CAREY AVENUE <br />CHEYENNE. WYOMING 82001 <br />(307) 634-0541 <br /> <br />. ALSO ADMI1TED IN WYOMING <br /> <br />September 15, 1999 . <br /> <br />Rex A. Burns, P.E. . <br />Special Districts, Drainage & Flood Control <br />Larimer County Engineering Department <br />P.O. Box 1190 <br />Fort Collins, CO 80522-1190 <br /> <br />Robert Smith, Water Planning Manager <br />City of Fort Collins Utilities <br />P.O. Box 580 <br />Fort Collins, CO 80522 <br /> <br />Re: Larimer & Weld Irrigation Company / Dry Creek Project <br /> <br />Gentlemen: <br /> <br />On behalf of the Board of Directors of Larimer & Weld Irrigation Company, I would like <br />to thank you very much for the time and effort you put in to present the Dry Creek drainage <br />project to the Board at the special meeting on September 1, 1999. We appreciate that this project <br />has some large elements which are still conceptual, and some significant matters which need to <br />be worked out. However, considering the substantial expense and effort that has been put into <br />this project at this point, we very much appreciate your need to get a response from the ditch <br />company concerning their willingness to participate in the project. <br /> <br /> <br />I've been directed by the Board of Directors to advise you that the Board is in favor of <br />the project and approves the general project as presented. Again, we appreciate that many <br />elements of this project need yet to be nailed down, but we have to start somewhere. It is our <br />understanding that the dam at Douglas will have a fuseable addition. Douglas will then be able to <br />capture approximately one half of a 100-year flood. If this is exceeded, then the fuseable dam <br />will wear away and water will flow down Dry Creek. An inflow structure will be created so that <br />this water will be received 'by the Larimer & Weld Canal (Eaton Ditch) at a maximum inflow <br />rate of 600 cfs. Mechanisms, procedures and operating policies will need to be developed to <br />ensure that the ditch has capacity for this amount of inflow when needed. There has been some <br />talk about rain gauges and control devices such that the ditch can be automatically shut off at the <br />Poudre River if the capacity is needed. I understand that the ditch can be cleared and available to <br />receive 600 cfs within about one hour. <br />