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i . . . The Colorado Water Conservation Board Page 5 CONFIDENTIAL his alterations cause harm, the owner of the dominant estate must replace, repair, and maintain drains or channels on the servient estate to prevent damage to those lands. If the dominant owner increases the runoff in a manner or quantity to do more harm had been done historically, that discharge can be enjoined as a continuing trespass. Each of the requesting entities7 is dealing with runoff in excess of historic amounts due to the development of their properties. If the Board determines that permitting the increased runoff to pass through its property would be compatible with the purposes of the Project, then the Board could rely upon the case law described above as a basis to enter into an easement for the passage of the stormwater runoff through its property. It is recommended that a written easement be utilized so that the responsibilities of both parties can be specified. The Board has two options with this type of request. It can evaluate all such requests or it can develop rules and regulations establishing standards for its staff to utilize to evaluate such requests and present the information to the Director for his decision. QUESTION 7: Can the Board grant a request for an easement for the construction of a deck and volleyball court for a privately owned restaurant? RESPONSE 7: The Board's only express statutory authority is the provisions of ~37-60-119(2} 15 C.R.S. (1990) which require the Board to present the request to the legislature for its approval. The Board could determine that it had the implied authority to grant an easement, a revocable license or a revocable permit as is discussed above. 7 Double L Subdivision (a/k/a Wiggins and Ackerman proper- ties), Waste Management, Inc. and Federal Express are the entities mentioned in the Staff's memo to the Board, as amended. We recommend that the Board's staff check with the Colorado Department of Health and any appropriate local agencies to determine that all such entities: I} have all necessary permits, 2) are in compliance with all necessary permits, 3) are not involved in and have not been involved in any proceedings for violations of any such permits or for failure to have any such permits, or for failure to comply with any other applicable statutes, ordinances, and/or rules and regulations.