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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 />'I>. ... <br /> <br />These waters would then flow to an outflow structure which will be constructed, <br />outflowing these waters into the Boxelder Creek drainage. The Boxelder discharge situation <br />raises a couple of issues. One is the legal ability to take this drainage water from the Dry Creek <br />drainage area and discharge it in the Boxelder area. Shawn Hoff does not see this as a problem <br />because the drainage waters need to go back to the river, and they still will be going back to the <br />river using the Boxelder route. Really all we're doing is changing the inflow point by a couple of <br />miles because Dry Creek now goes into the river behind Fort Collins Nursery, and I think the <br />Boxelder inflow to the river is only a couple of miles east of there. <br /> <br />The second problem is a bit more thorny. We are concerned about the legal right to <br />increase this drainage in the Boxelder from the standpoint of the surrounding landowners and <br />certainly the legal liability for alleged damage that might be the result of this increased flow. We <br />understand that you are waiting on some engineering data in order to take the next step forward <br />with design, and actual construction may be 2-3 years away. <br /> <br />John Andrew and I are going to "walk" the Boxelder sometime early October so that we <br />can get a better handle on the situation. We wi11look forward to working closely with you as this <br />project continues to develop. <br /> <br />If you have any questions or concerns or think we need to cover any items that I haven't <br />already touched on in this letter, please do not hesitate to give me a call. We will certainly need <br />to define things better and to formalize the situation in steps as we go along and have the <br />information necessary to do so. <br /> <br />Yours very truly, <br /> <br /> <br />MS/hb <br /> <br />Mayo Sommermeyer <br /> <br />