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<br />Ro~i~~~~~A~~~I~~~~~:~:*S~~:E~E ~~~~e~UG ~~:'8 It I/)
<br />COI\(./:OI/~DO r
<br />(Agreement No. 87-02.02) -...i'?V-4"'" ~/.
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<br />
<br />THIS AGREEMENT, made this IJ.jih day of "Julip , ,
<br />1987, by and between the URBAN DRAINAGE AND FLOOD CO ROL DIS-
<br />TRICT (hereinafter called "DISTRICT"), the CITY OF BROOMFIELD
<br />(Hereinafter called lIBROOMFIELD") and CITY OF WESTMINSTER (here-
<br />inafter called "WESTMINSTER"), also collectively referred to as
<br />"PARTIES."
<br />
<br />WIT N E SSE T H:
<br />
<br />WHEREAS, several of the major drainageways within, or
<br />flowing into, the' DISTRICT have water supply or other non-flood
<br />control reservoirs located on them; and
<br />
<br />WHEREAS, some of these reservoirs, by virtue of their size
<br />and/or their embankment and spillway configuration, provide
<br />significant but 'inadvertent flood routing 'capabilities which
<br />reduce the 100-year flood discharge downstream from the reser-
<br />voirs: and
<br />
<br />WHEREAS, House Bill 1185, which was signed. into law by
<br />Governor Richard ;Lamm on May 16, 1986 (copy attached hereto as
<br />Exhibit A), stat~s, in paragraph 37-87-104 (2), that "No such
<br />(entity or person who owns, controls, or operates, a water
<br />storage 'reservoir) shall be liable for allowing the inflow to
<br />such reservoir to. pass through it into the natural stream below
<br />such reservoir."; ,and
<br />
<br />WHEREAS, the.owners of such reservoirs can, and.on occasion
<br />do, make changes to their embankment and spillway configurations,
<br />up to and includi~g remova~of the structure; and
<br />,
<br />WHEREAS, the: above language from House Bill 1185 clearly
<br />indicates that it. would be unwise public policy to rely upon
<br />these non-flood control reservoirs for any flood protection; and
<br />i /
<br />WHEREAS, the!OISTRICT has previously adopted a Upolicy for
<br />Delineation of Floodplains Below Water Supply and Other Non-Flood
<br />Control Reservoirs'~ (Resolution No. 36, Series of 1986); and
<br />
<br />WHEREAS, the: Policy requires that non-flood control reser-
<br />voirs not be considered in the drainageway hydrology unless
<br />adequate assurances have been obtained by the Executive Director
<br />to preserve the f~ood routing capability of the reservoirs; and
<br />
<br />WHEREAS, Great Western Reservoir,
<br />water supply res$;rvoir which provides
<br />flood routing capability which reduces
<br />downstream from t~e reservoir; and
<br />
<br />WHEREAS, Broomfield is the owner of Great Western Reservoir,
<br />a municipal raw water storage reservoir located in Sections 6, 7
<br />and 8., Township i 2 South, Range 69 West of the 6th Principal
<br />Meridian~ and ~
<br />
<br />on Walnut Creek, is a
<br />significant inadvertent
<br />the lOa-year discharge
<br />
<br />WHEREAS, Broomfield currently plans to expand Great Western
<br />Reservoir from a fapacity of approximately 3,250 acre-feet to a
<br />capacity of approximately 12,500 acre-feet~ and
<br />I
<br />
<br />WHEREAS, as 'currently configured, Great Western Reservoir
<br />provides a certain flood routing capability~ and
<br />,
<br />
<br />WHEREAS, if Great Western Reservoir is expanded as currently
<br />planned,_ it will r)rovide at least enough flood routing capability
<br />to limit discharges during the 100-year event. The projected
<br />100-year downstreqm discharge is not anticipated to exceed 1,900
<br />
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