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I I I I I I I I I I I I I I I I I II I z < C> Q:: Oi!; z- <s ::.:::~ zl'i -" Q::~ coil! z!! LLll;l ~* -'" 3:::; 1=- l- V) Attorneys at Law ,c\'1' n(',T >~'____. I _ -- I;' 1 I 1 _. ; JOe TOJeC). - ---' DAn: 1 ~~It- -~"'1";:;L \-CML\~1P* . MKK .. ~ ~__l\ : AT ' Jet ; 1--- AD I i I E'N-r~o t' ';4-f-./ It f- ~-_., . \ri~~ i " ~!. ~ l...u 1/3?.- 1__-. John E. Joslin Paul F. Glasgo\" 2323 West 72nd Avenue Denver, CO!NJdo 8022: Telephone (303) 428-8526 Philip F. Roan James R. Stitt R. J. Wittenbrink October 19. 1973 A. S. Andrews, Water Resource Engineer EClI Engineering Consultants, Inc. 1901 South Navajo Street Denver, Colorado 80223 Attention: Eric Will. Chief Planning Engineer Re: Your file 1132/6 DG 1209/73 Niver Creek Drainage Project Second Supplemental Opinion Dear Mr. Will: This is the revised opinion for the Niver Creek Project referenced above. After reference to all the information requested I believe it to be comprehensive and hope that it is acceptable. My time estimate was incorrect and I have much more time involved than my statement reflects. A. Proposed Detention 1. Liability It is my understanding from your letter of June 19, 1973 that you propose to raise East 88th Avenue by about eight feet which results in a dike near 1-25 as shown on the plan you furnished me. Further, it appears from the plan and from the field examination I made with you on June 19, 1973 that while both 1-25 and 88th Avenue would be flooded if a 100 year storm occurred now, such flooding would occur, if at all, to a lesser degree if the proposed facility is con- structed. I must advise you that whoever owns the proposed detention structure will be absolutely liable for any damage that occurs by leakage, overflow or breaking of the embankment. This Rule was announced