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<br />.,~~ <br /> <br />"':;;J <br /> <br />M.REEMENT <br />REGARDING THE INTENT TO ASSURE THE FLOOD <br />ROUTING CAPABILITY OF STANDLEY LAKE RESERVOIR <br /> <br />(Agreement 110. 86-10.04) <br /> <br /> <br />THIS AGREEMENT, made this ~ 1'5-1- day of ~, 1987 by <br />and between the URBA~ DRAINAGE AIID FLOOD COtlTROl DISTRICT (hereinafter called <br />"DISTRICT") the CITY OF WESTMINSTER (hereinafter called "CITY"). also both are <br /> <br />collectively referred to as "PARTIES." <br /> <br />WITNESSETH THAT: <br /> <br />WHEREAS, several of the miljor drainageways within, or flowing lnto, the <br /> <br />DISTRICT have water supply or other non-flood control reservoirs located on <br />them: and <br /> <br />WHEREAS, some of these reservoirs, by virtue of their size and/or their <br />\ <br />embankment and spillway configuration, provide significant but inadvertent flood <br />routing capabilities which reduce the 100-year flood discharge downstream from <br />the reservoirs: and <br /> <br />WHEREAS, House 8111 llaS, which was signed into law by GoYernor Richard <br />Larrm on May 16, 1986 (copy attached). states, in paragraph 37-87~l04(2), that <br />"No such (entity or person who owns, controls, or opercltes, a water storage <br />reservoir) shall be llable for allowing the inflow to such reservoir to pass <br /> <br />through it into the natural stream below such reservoir."; and <br /> <br />WHEREAS, the owners of such reservoirs can, and on occasion do, mak.e <br /> <br />changes to their embankment alld spillway configur.nions, up to and including <br />removal of the structure; and <br />WHEREAS, the above language from House Bill llBS Clearly indicates that it <br />would be unwise public policy to rely upon these non-flood control reseryoirs <br />for any flood protection; and <br />WHEREAS, the DISTRICT has previously adopted a "Policy for Delineation of <br />Floodplains Below Water Supply and Other Non~Flood Control Reseryoirs" <br />(Resolutfon No. 36, Series of 1986); and <br />WHEREAS, the Policy requires that non-flood control reservoirs not be <br /> <br />considered in the drainageway hydrology unless adequate assurilnces have been <br />obtained by the Executive Director to preserve the flood routing capability of <br /> <br />thereserYoirs; and <br />