BOARD00470

• Board Meeting Date: 9/13/2004
• Description: Flood Section - Approval of a Construction Proposal from South Suburban Parks and Recreation District, Littleton, CO
• Board Meetings - Doc Type: Memo

'-', ';...,

-2-

Reach No.2 is defined as: "Reach 2 extendingfrom Brown Ditch Weir to Oxford Avenue". Reach No. .
3 is defined as: Reach 3 extending from Oxford Avenue to Bear Creek". The Board's project extends a
short distance into Reach No.3.
Staff understands that the District's proposal will traverse all of Reach No, 2 and Reach No, 3 lands
which are owned or controlled by the Board, The Board's staff inspected and reviewed the District's
request on September 3, 2004.

Use for the Requested Area
The uses for the CWCB land are for the construction of a 5- to 8- foot wide gravel walking path/trail
and related structures and facilities, The staff finds that the proposed use will work in hannony within
the CWCB project right-of-way with certain subordination requirements stated in the easement
agreement.

Conditions for the Easement (Approval Request)
If the approval is granted, the owner shall comply with the following conditions:

1)

TIME PERIOD - The EASEMENT shall be for a term of25 years and can be renewable.

2) \

PERMITS - The owner shall be responsible for securing and monitoring all required federal,
state, and local permits pertaining to Colorado waters and streams,

3) INSURANCE COVERAGE - The CWCB shall be named as an additional insured, and shall
have coverage in the amounts established by the Colorado Governmental Immunity Act - part
one of article 10 oftitle 24, C,R.S., as amended, .

4) FEE CONSIDERATIONS - A recommendation will be made that the fee consideration is
Method III for Governmental General Public Facility.

5) RECLAMATION OF THE SITE - The reclamation plan and all site grading shall be developed
and provided to the CWCB for approval prior to the construction and completion of the project.

6) NON-EXCLUSNE EASEMENT CLAUSE - Language will be stated in the easement that will
reserve the CWCB's right to grant additional easements on the same land covered by this
easement.

7) EASEMENT APPLICATION - Compliance with the provisions of the Colorado Water
Conservation Board Easement Guidelines for the Chatfield Downstream Improvement Project
dated November 2001. (Staff finds that this condition is not applicable for this request from the
District)

Special fee considerations
CWCB Procedures for computing easement fees for the CWCB South Platter River Right of Way
Easements use three methods, Method I is the Market value method, Method II is the drainage value
method and Method III is for Governmental Public Works Facilities. Method III states "Should it be
deemed by the Board that it is in the best interest of the general public, the Board may consider a special
assessment for a City, Town or County on a case-by-case basis for an easement request." .

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation Planning