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FLOOD11223
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Last modified
1/29/2010 10:12:17 AM
Creation date
12/28/2007 3:59:05 PM
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Template:
Floodplain Documents
County
Jefferson
Arapahoe
Basin
South Platte
Title
Chatfield Reallocation Study: USACE Sample Agreement 06/17/2007
Date
6/17/2007
Prepared For
Meeting Participants
Prepared By
CWCB
Floodplain - Doc Type
Presentation/Handout/Sign-in Sheet
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<br />Heavener v020107 <br /> <br />elevations 478.0 feet and 468.8 feet above National Geodetic Vertical Datum, <br />which is estimated to contain 46,557 acre-feet after adjustment for sediment <br />deposits. The Authority's storage space is to be used to impound water for <br />present demand or need for municipal and industrial water supply. <br /> <br />(2) The Authority shall have the right to withdraw water from the <br />Project, or to request releases to be made by the Government through the <br />outlet works of the Project, subject to the provisions of Article 1c and to <br />the extent the aforesaid storage space will provide; and shall have the right <br />to construct all such works, plants, pipelines, and appurtenances as may be <br />necessary and convenient for the purpose of diversion or withdrawals, subject <br />to the approval of the District Engineer as to design and location. The grant <br />of an easement for right-of-way across, in, and upon land of the Government at <br />the Project shall be by a separate instrument in a form satisfactory to the <br />Secretary of the Army. Subject to the conditions of such easement, the <br />Authority shall have the right to use so much of the Project land as may <br />reasonably be required in the exercise of the rights and privileges granted <br />under this agreement. <br /> <br />c. Rights Reserved. The Government reserves the right to control and <br />use all storage in the Project in accordance with authorized Project purposes. <br />The Government further reserves the right to take such measures as may be <br />necessary in the operation of the Project to preserve life and/or property, <br />including the right not to make downstream releases during such periods of <br />time as are deemed necessary, in its sole discretion, to inspect, maintain, or <br />repair the Project. <br /> <br />d. Quality or Availability of Water. The Authority recognizes that <br />this agreement provides storage space for raw water only. The Government <br />makes no representations with respect to the quality or availability of water <br />and assumes no responsibility therefor, or for the treatment of the water. <br /> <br />e. Sedimentation Surveys. <br /> <br />(1) Sedimentation surveys will be made by the District Engineer during <br />the term of this agreement at intervals not to exceed fifteen (15) years <br />unless the District Engineer determines that such surveys are unnecessary. <br />When, in the opinion of the District Engineer, the findings of such survey <br />indicate any Project purpose will be affected by unanticipated sedimentation <br />distribution, there shall be an equitable redistribution of the sediment <br />reserve storage space among the purposes served by the Project including <br />municipal and industrial water supply. The total available remaining storage <br />space in the Project will then be divided among the various Project features <br />in the same ratio as was initially utilized. Adjusted pool elevations will be <br />rounded to the nearest one-half foot. Such findings and the storage space <br />allocated to municipal and industrial water supply shall be defined and <br />described as an exhibit, which will be made a part of this agreement, and the <br />water control manual will be modified accordingly. <br /> <br />(2) The Government assumes no responsibility for deviations from <br />estimated rates of sedimentation, or the distribution thereof. Such <br />deviations may cause unequal distribution of sediment reserve storage greater <br />than estimated, and/or encroachment on the total storage at the Project. <br /> <br />ARTICLE 2 - Regulation of and Right to Use of Water. The regulation of the <br />use of water withdrawn or released from the aforesaid storage space shall be <br />the sole responsibility of the Authority. The Authority has the full <br />responsibility to acquire in accordance with State laws and regulations, and, <br /> <br />2 <br />
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