FLOOD03631

• County: Arapahoe
• Stream Name: South Platte
• Basin: South Platte
• Title: South Platte River Channel Improvement Project - Administrative Correspondence
• Date: 2/26/1998
• Prepared For: Arapahoe County
• Prepared By: CWCB
• Floodplain - Doc Type: Community File

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The Colorado Water Conservation Board
Page 2

(1990) provide the Board with a statutory mechanism to respond
to all ten requests by including each of the requests in the
annual Construction Fund Bill which it submits to the General
Assembly for its approval.

CONFIDENTIAL

QUESTION 2:
easements?

Does the Board have the authority to grant

RESPONSE 2: The provisions of ~24-82-201, et seq. lOB C.R.S.
(1988) provide the Board with the power to grant easements to
the governmental and quasi-governmental entities:!

1. City of Englewood request for a twenty foot easement
for construction of a 24" water line on the east side of
the South Platte River from West Oxford Avenue to
Englewood's raw water intake at Union Avenue.

2. Urban Drainage and Flood Control District and
Columbine Valley request for temporary construction
easements, and easements for facilities constructed as
part of its project to tie their channel improvements to
Dutch Creek into the Project.

3. South Suburban Park & Recreational District's request
has already been presented to the Board.2

4. CDOT request for a permanent easement for the
construction of a segment of the new Santa Fe Drive.3

There are two methods by which the Board can deal with future
requests of this type:

1. have all such requests be presented to the Board for
its consideration;

The Littleton requests are not applicable to the issues
involved in this memo.

2 This example requires an
unnecessarily lengthen this memo.
deemed necessary by the Board.

additional analysis which would
That analysis can be provided if

3 There is additional discretion for the Board in this
instance since CDOT is also part of the State of Colorado. In the
construction of the Auraria Parkway, Auraria and CDOT agreed that
both of their interests would be best served by Auraria granting
CDOT a permanent easement for the Parkway. That easement was
approved on the basis that both entities were part of the State.
Auraria received the full fair market value for the easement.