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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 />A-I <br /> <br />W. ..JOSE:F'H SHOEMAI\.ER <br />ROBERT S. WHAM <br />EDWARO ,J. KRISOR, .JR. <br />EDWARD M. BENDELOW <br /> <br />SUSAN E. BURCH <br /> <br />SHOEMAKER, WHAM, KRISOR & BENDELOW <br />ATTORNEYS AT LAW <br /> <br />1666 SOUTt-( UNIVERSITY BOULEVARD <br />DENVER, COLORADO 80210 <br /> <br />3Q3-n7_S!50t <br /> <br /> <br />April 6, 1982 <br /> <br />Mr. Ben Urbonas, P.E. <br />Urban Drainage and Flood <br />Control District <br />2480 West 26th Avenue/Suite <br />Denver, Colorado 80211 <br /> <br />156B <br /> <br />RE: <br /> <br />Clear Creek (Youngfield <br />through Golden) <br /> <br />Dear Ben: <br /> <br />APPENDIX A <br /> <br />You asked me to review the Phase A report for Clear <br />Creek (Youngfield through Golden) and render a legal opinion <br />on the alternatives presented by Wright-McLaughlin <br />Engineers. <br /> <br />LEGAL OPINION UF W. JOSEPH SHOEMAKER, PREPARED <br />FOLLOWING REVIEW OF THE PHASE A REPORT FOR <br />CLEAR CREEK - YUUNGFIELD THROUGH GOLDEN PREPARED <br />BY WRIGHT-McLAUGHLIN ENGINEERS, FEBRUARY 1982. <br /> <br />The subject area drainage basin is located within the <br />City of Golden and Jefferson County. It has been divided <br />into three "Reaches" by the engineer for purposes of eval- <br />uating drainage problems and recommending courses of action. <br />You and I jointly determined that Reach 2 (Tucker Gulch to <br />McIntyre Street) and Reach 3 (McIntyre Street to Youngfield <br />Street) were relatively straightforward natural channel <br />situations and, consequently, needed no legal review. It is <br />pertinent to note, however, that the major owner of the <br />channel banks in these Reaches, Adolph Coors Industries, has <br />done an outstanding job over the years of armoring the banks <br />of the channel. Likewise, the owner has meticulously <br />refrained from encroaching upon the 100-year carrying ca- <br />pacity of the natural channel. This course of conduct by <br />the owner has precluded the need by me for any further <br />comment on the Reaches. <br /> <br />Our detailed on-site inspection of the drainage basin <br />on March 31, 1982, was focused on Reach 1 for the reasons <br />set forth above. <br /> <br />The following general legal premises are used by me <br />in evaluating the physical characteristics of a drainage <br />basin and the recommendations made by the engineer: <br />