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I I I I I I I I I I I I I I I I I I I W. ..JOSEPH SHOEMAKER ROBERT S.WHAM EDWARD,J. KRISOR,JR_ CHARLES 5. HOVER m SHOEMAKER, WHAM & KRISOR D IJi(Bl~)?W? ATTORNEYS AT LAW f' ~ 1666 SOUTH UNIVERSITY BOULEVARD'S E P 13 1984 DENVER, COLORA.DO 80210 ~ Mr. Ben Urbonas September 12, 1984 Page Two 303-777-5501 U. D. & F. C. D. September 12, 1984 District and current local officials are being asked to solve problems created by others. Additionally, as in similar urbanizing basins, many citizens living or working in hazardous areas either don't realize the potential hazard from flooding or don't want to know about it. In this basin, in several key locations (e.g., at the confluences of Ralston Creek and Clear Creek; Ralston and Van Bibber; and Ralston and r.eyden; and below Leyden Lake, pI us several other areas) owners, renters, and users should be buying flood insurance! Mr. Ben Urbonas, P. E. Urban Drainage & Flood Control District 2480 W. 26th Avenue, Suite 156B Denver, Colorado 80211 Re: Lower Ralston/Van Bibber/ r,eyden Creeks This overall basin also has some unique features. (1) It is large (nearly the same area as the entire City and County of Denver). (2) It has an upstream Lake (Leyden) or Reservoir which is high hazard in accordance with the Colorado State Engineer's criteria (people could be killed if a known inadequate facility failS). (3) It was assumed earlier that a flood protection facility would be built on Van Bibber Creek to protect downstream owners, renters and users but that facility has now been determined to be uneconomical (the benefits don't justify the high cost). (4) On Lower Ralston Creek, a major arterial is being planned which would be built in the floodplain. Dear Ben: You asked me to review the Phase A report for Lower Ralston, Van Bibber, and Leyden Creeks which was prepared by WrIght Water EngIneers and render a legal opinion on the alternatives presented. I have viewed those portions of the Basin which were studied by the engineer: Ralston Creek from the confluence with Clear Creek to its confluence with Leyden Creek; Leyden Creek from its confluence with Ralston Creek to Leyden Lake; and Van Bibber Creek from its confluence with Ralston Creek to Indiana Street. In the introduction to the report, a good description of the area under consideration is set forth: RECOMMENDED ALTERNATIVE "The study reach includes approximately 13 miles of stream length on the three creeks being studied (see Figure I-D). The total drainage area of Ralston Creek at the confluence with Clear Creek is 91 square miles. There is one major reservoir in the actual study area, Leyden Lake. This is privately owned by the Farmers Highline Reservoir and Irrigation Company. There is a proposed reservoir site on Van Bibber Creek just west of Ward Road. This reservoir was proposed in earlier studies as a flood control facility." The engineer, in my opinion, has done an excellent job of making recommendations that would result in improvements over existing conditions, although less than 100 year storm improvements because of costs. But to ignore the realities of economics in order to try to solve all the problems that were created earlier, would be of little value because nothing would be accomplished. However, combining construction with floodplain management, flood insurance, and a flood warning system will give owners, renters and users much more protection than they currently have. This overall basin is like most of the highly urbanized basins in the District in that the Creeks are the natural drainageways that are meant to carry away surface runoff but, in the process of developing, the floodplains have been severely constricted and, in some areas, almost obliterated. Bridge openings are undersized. Thus, the The construction alternative consists of 10-year channels on Ralston Creek and Leyden Creek; upgrading I.eyden Lake; a IS-year channel on Van Bibber Creek; detention facilities at Oak Street on Van Bibber Creek to protect to the 100-year level.