BOARD02487

• Board Meeting Date: 9/7/1995
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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Colorado Water Conservation Board
Department of Natural Resources

721 State Centennial Building
1313 Sherman Street
Denver, Colorado &0203
Phooe [phone]
FAJ( [phone]

STATE OF COLORADO

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Roy Romer
Governor

MEMORANDUM

James S. Lochhead
Executive Director. DNR
Daties C. Lile. P,E.
Director. CWCB

TO:

Colorado Water Conservation Board Members

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FROM:

Larry Lang

DATE:

August 18, 1995

SUBJECT: Agenda Item 5 a & b, September 7-8, 1995 Board Meeting--
Easement (Special Use) Requests From Private Parties
Within The CWCB's South Platte River Channel ROW

INTRODUCTION

As previously discussed, the Colorado Water Conservation Board (CWCB) owns and
maintains the right-of-way (ROW) along the South Platte River as a requirement of the Chatfield
Downstream Channel Project with the U.S. Corps of Engineers. Maintainance of the ROW
insures adequate access to the South Platte River channel. Whenever operations or maintenance
activities are necessary, the CWCB or its contractor can access the channel through the ROW.
According to C.R.S. 24-82-201, the CWCB can grant easements across its property only to other
governmental entities. This implies that easements cannot be granted to private individuals and
has been interpreted as such by the Colorado Attorney General's Office. The CWCB has
received a number of requests from private interests regarding the issuance of easements within
the South Platte River channel right-of-way for activities which they propose to undertake. Two
requests were discussed and tabled at the July 1995 Board meeting. The staff was directed to
work with the Attorney General's Office to further investigate these requests.