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right is currently available to the town for use as the point of diversion has <br />been transferred from its prior location to the town's point of diversion. <br />Part B <br />#5. Excerpt from follow up letter to the Town of La Veta dated April 23, <br />2010 from the Division of Water Resources regarding the dam inspection <br />performed on April 20, 2010. <br />"in a letter dated September 16, 2008, from our office to the town of La <br />Veta the dam safety engineer at that time required a design and <br />preparation of plans and specification for the outlet catwalk and for a <br />seepage control system. Neither of those items were performed. The <br />town did perform an internal outlet inspection at the recommendation of <br />the dam safety engineer and it was found that the outlet pipe has a <br />fracture in it. Your engineer judged that the fracture was not an <br />immediate safety risk, but he recommended that the outlet should be <br />replaced. Currently I consider the outlet fracture to be a critical issues <br />because of a combination of problems with the dam: (1) poor seepage <br />control makes it impossible to monitor for leakage from the outlet pipe <br />because the downstream toe is wet and boggy, (2) there is no upstream <br />control valve or grate on the main outlet pipe to shut off the pipe in the <br />event of a failure, (30 there is currently no bypass valve to lower the <br />reservoir head in the event of a seepage or outlet problem, and (4) the <br />outlet catwalk is deteriorated to the point where the outlet riser structure <br />Is practically inaccessible if the were necessary to plug the outlet in an <br />emergency. <br />Combined together these factors mean that in the event of an outlet failure <br />you would most likely lose the dam in a complete dam failure. You are <br />reminded that the dam owner is liable for damage resulting from a dam <br />failure. <br />Colorado statute requires us to determine safe storage levels in <br />reservoirs. Based on my perception that the Town of La Veta is serious <br />about correcting the deficiencies with this dam I am not recommending a <br />reservoir stage restriction at this time. However, I have given it <br />"Conditional Full Storage ", meaning that if the required maintenance, <br />monitoring and engineering items are not performed then a restriction will <br />be re- evaluated. Required maintenance and monitoring items — including <br />repair of the catwalk, providing some form up upstream control for the <br />main outlet, and providing seepage drains and monitoring seepage — need <br />to be performed immediately; please work closely with me to ensure they <br />are done. Preparation of a design and plans and specification for a new <br />outlet and catwalk will take time; however, steady progress along with <br />close monitoring of the situation is required." <br />