FLOOD03463

• Designation Number: 72
• County: Adams
• County: Arapahoe
• County: Douglas
• Community: Denver Metro Region
• Stream Name: Van Bibber Creek
• Basin: South Platte
• Title: Major Drainageway Planning - Van Bibber Creek
• Date: 3/1/1977
• Designation Date: 7/1/1977
• Floodplain - Doc Type: Floodplain Report/Masterplan

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-9-

Creek through meetings and on-site investigations. The
proposed flood control improvements were thoroughly reviewed
with the attorney to provide a thorough insight into the types
of measures being considered.

Bibber Creek is available at the UD&FCD.

Soils Investigation

The attorney made certain recommendations and identified
certain points which were considered by the decision makers
in selecting the type and extent of improvements for Van Bibber
Creek. Certain highlights of the legal review include the
following:

A review of geology and soils data of the Van Bibber Creek basin
was completed as part of the Phase A planning. This review
did not uncover any geologic or soils-related problems within
the basin which would eliminate the possibility of further
consideration of flood control related improvements. From a
soils standpoint, it is feasible to proceed with further planning
and design of needed drainage facility improvements.

1. A municipality or county governmental entity
would be liable for damages negligently caused in
the process of altering or improving natural
drainageways.
2. Restrictions imposed by zoning are within the
police power of the state.
3. Damages may result from a decision not to improve
a drainageway where the decision itself was
negligent.
4. There is no clear cut legal standard that capacity
for a IOO-year storm is sufficient to avoid
negligence.
5. Irrigation ditches should not be looked upon as
having a prescriptive duty to carry off some portion
of flood flows.

During the completion of the Phase B portion of the planning
study, the firm of R. W. Thompson, Inc., Geotechnical Consultants,
was retained to provide a preliminary feasibility investigation of
the suitability for constructing dam embankments in the lower
part of the basin immediately south of 58th Avenue and upstream
of Ward Road. This investigation was authorized and contracted
through the UD&FCD. The report, entitled, "Preliminary
Feasibility Investigation for Flood Control Embankments, for
Van Bibber Creek, Arvada, Colorado", provides detailed engineering
and cost data on embankment construction in the lower basin

area, for planning purposes (Ref. 4).
is available for review at the office

A copy of the
of the UD&FCD.

report

- INTERI/l PLANNING -

A copy of the legal opinion prepared by Moses, Wittemyer and
Harrison is provided in the Phase A Report. Also included in
the Phase A Report is a copy of the legal evaluation completed
by the same firm for the Sanderson/Weir Gulch master planning
study, providing opinions on drainage matters also pertinent
to Van Bibber Creek. A copy of the Phase A Report for Van

Interim planning covers the preliminary drainageway planning,
which was completed as part of the Phase A study. For purposes
of information and update, the recommendations which were evaluated
and presented in that part of the study are summarized in the
following paragraphs.