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<br />l <br /> <br />. MEMORANDUM <br /> <br />TO: Colorado Water Conservation Board Members <br /> <br />FROM: Larry Lang <br /> <br />DATE: July 13, 1995 <br /> <br />SUBJECT: Agenda Item No.5 May 24-25, 1995, Board Meeting-- <br />South Platte River Channel Easement Requests <br /> <br />Background <br /> <br />The staff has made a number of presentations regarding the Board's responsibilities for <br />the "Chatfield Downstream Channel Improvement" Denver, Colorado. The Board was the local <br />sponsor of this Corps of Engineer project. As a sponsor, the Board has several primary duties. <br />These include: <br />. Operation and Maintenance of project features; <br />. Assurance of the flood control capacity of the project; and <br />. Control of the usage of the project Right-of-Way (ROW). <br /> <br />. Discussion <br /> <br />The Board staff will present three requests for easements to the Board for Board action. <br />The Office of the Attorney General has researched a statute which provides direction to the Board <br />in such cases. The statute is 24-82-201 to 301, CRS, "Easement in State Lands". See Exhibit A. <br />It would appear that the above statute does not allow a State agency to execute an easement with <br />a private party if the proposed easement is for private use of state lands. <br /> <br />The easement requests will be reference as Easement Report No.1, Easement Report No.2, <br />and Easement Report No.3. <br /> <br />Easement Report No.1 discusses a request for an outdoor deck and a volleyball to be built <br />partially in the CWCB easement. These two uses are affiliated with an existing restaurant ion <br />Littleton. <br /> <br />Easement Report No.2 discusses request for the discharge of historic storm drainage flow <br />via a culvert through the CWCB easement. The proponent would construct detention facilities <br />to maintain flows at or below historic levels. The property is located in Littleton. <br /> <br />Easement Report No.3 discusses a request for an easement to be granted by the CWCB <br />to the South Suburban Metropolitan Recreation and Park District. The easement would allow the <br />District to continue construction, operation, and maintain specifies recreation facilities within <br />Columbine Valley, Littleton, Englewood, Sheridan and unincorporated ArapallOe County. The <br /> <br />. <br />