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Last modified
11/23/2009 12:58:24 PM
Creation date
10/4/2006 9:47:46 PM
Metadata
Fields
Template:
Floodplain Documents
Designation Number
219
County
Arapahoe
Community
Littleton
Stream Name
Upper Slaughterhouse Gulch
Title
Major Drainageway Planning - Upper Slaughterhouse Gulch
Date
3/1/1983
Designation Date
7/1/1983
Floodplain - Doc Type
Floodplain Report/Masterplan
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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />W. ..IOSEP'H SHOEMAKER <br />ROBERT S. WHAM <br />EDW"RO.,J. "'RISOR, .JR. <br />EDWA.RD "'1_ eENOELOW <br />SUSAN E. BURCH <br /> <br />SHOEMAKER, WHAM, KRISOR & BENDELOW <br />ATTOBNEYS AT LAW <br />Ieee SOUTH UNIVtRSITY BOULEVARD <br />DENVER, COLORADO 80210 <br /> <br />Mr. Ben Urbonas, P.E. <br />August 24, 1982 <br />Page 2 <br /> <br />303-777_5501 <br /> <br /> <br />This premise is applicable to the Recommended Alternative <br />by the engineer which consists of a 5-year storm,sewer sys~em <br />for Reach A (Powers Park detention pond to the Littleton City <br />limits just east of Broadway.) The most ~bvious drainage. <br />problem (in the vicinity of the pink Flamingo Ap~rtments) IS the <br />area where private property owners developed their prope:ty <br />without providing a means for continuing the natura1 drainage. <br />The development actually blocks the natural drainage. Whatever <br />"improvements" the City undertakes, it must be able to prove <br />that property owners affected are better off than be~ore. The <br />property owners now damaged may be better off after Improve- <br />ments, but property owners downstream to Powers Park must not be <br />worse off. Likewise, Powers Park detention pond must be capable <br />of handling the increased flows. Therefore, any improvements <br />must begin at Powers Park (outlet of storm sewer proposed <br />improvements) and work upstre~m to the affected problem areas. <br /> <br />2. It is also true that the owner of upper lands has <br />an easement over lower lands for drainage of surface water <br />flowing in its natural course. Ambrosio v. Perl Mack, 143 Colo. <br />49, 55, 351 P.2d 803, 806 (1960). <br /> <br />August 24, 1982 <br /> <br />Mr. Ben Urbonas, P.E. <br />Urban Drainage and F]ood Control District <br />2480 West 26th Avenue <br />Denver, Colorado 80211 <br /> <br />RE: Upper Slaughterhouse Gulch <br /> <br />Dear Ben: <br /> <br />You asked me to review the Phase A report for Upper <br />Slaughterhouse Gulch dated July 1982, and render a legal opinion <br />on the alternatives presented by Water Resources Consultants, <br />Inc. <br /> <br />The subject area drainage basin is located within the City <br />of Littleton and Arapahoe County. It has been divided into five <br />"Reaches" by the engineer for purposes of evaluating drainage <br />problems and recommending courses of action. <br /> <br />On August 12, 1982, you and I made a detailed on-site <br />inspection of the drainage basin. The engineer has stated at <br />page 63 of the Report that the basin area is presently developed <br />to 95% of the future development potential. This drainage basin <br />is a classic urban drainage basin in that the natural channel <br />has been nearly obliterated by development. The major problem <br />area (pictured on the cover of the Report) is the area around <br />the Pink Flamingo Apartments just south of Littleton Boulevard <br />and west of Broadway. Here, a sump condition exists with a <br />non-existent outlet for smaller storms because of development <br />within the pre-existing flood channel. <br /> <br />. The following general legal premises are used by me in <br />evaluating the physical characteristics of a drainage basin and <br />the recommendations made by the engineer: <br /> <br />1. In drainage matters, a municipality (Littleton) or <br />county (Arapahoe) can be expected to be treated like a private <br />party. 2 Farnham, Water and Water Rights, pp. 975 and 977, <br />adopted by the Colorado Supreme Court in City of Boulder v. <br />Boulder and White Rock Ditch Co., 73 Colo. 426, 216 P. 553 <br />(1923). <br /> <br />The surface waters from above (east of) Broadway are going <br />to flow down hill to the problem area and on to Powers Park in <br />what was once Slaughterhouse Gulch. Storm sewers are one way of <br />channelizing these natural flows so that less damage results <br />along the way. A natural watercourse is by far the best way to <br />handle surface water because it is observable, easier to keep <br />open, and it is nature's way of handling surface run-off. <br /> <br />Therefore, any improvements upstream must be made taking <br />into consideration the outlet capabilities downstream. (long <br />line of case law). The Colorado State Legislature recognized <br />this premise in county (unincorporated) areas by requiring <br />developers of such areas to detain greater than historical <br />f10wq. 1973 C.R.S. S 30-28-133(4)(b). <br /> <br />Reach B (from Littleton City limits to Grant Street) <br />recommends maintaining the status quo since the area is . <br />generally undeveloped and the historical flows run through. this <br />area. However, the natural drainageway is not as well defined <br />here as it might be. <br /> <br />More storm sewers are recommended for Reach C. (Grant <br />Street to Caley Street). If these improvements are eventually <br />made, the outlet into and through Reach B should be better <br />defined. <br />
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