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<br />10. Any project undertaken by the DistrIct must b,. designed and con- <br />structed so as to not Injure the rights of the IrrIgators. <br /> <br />Alternates <br /> <br />1. Flood Plain Zoning. There Is no liability from a failure to act <br />and It Is desirable from a legal standpoint. Existing artificial <br />Impediments such as Sheridan Boulevard and th,e Union PacifIc Rail- <br />road would not cause the District to assume r,esponslblllty If <br />this alternate was adopted. Relative to structures constructed <br />by the various entities, the structures should be designed for <br />natural flows as well as Increased flows that can be anticipated. <br /> <br />2, Flood Plain Zoning with Select,ed and LImited Structural Improvements. <br />The liability responsibilities are as described for Alternate 1. <br /> <br />3. Geometric, LIned Open Channel. The exposure to liability for the <br />various entities Is greater than for Alternates I and 2. There <br />cannot be any damage done which would have been done had the channel <br />been left In Its original condition. Reopons Iblllty for maintenance <br />lIes with the governing entities. <br /> <br />4. Underground, Closed Conduit. The potential problems of 1 lability <br />make this alternate unattractive from a legal standpoInt. Such <br />problems as Inappropriate (dIfficult) designs and plugging could <br />result In severe-liabilIty and would not dimInish the responsibility <br />of the governmental entities to make certain that the channel Is <br />maIntained In an open and obstruction free condition. <br /> <br />5. pondlng - ThIs alternate considers the addition of pondlng over and <br />above that which presently and/or naturally occurs. Liability <br />for these features Is the same as for previous alternates. In ad- <br />ditIon, IntentIonally ponded areas outside of the flood plain must <br />have easements or must be purchased. <br /> <br />6. Deep Tunnel. This alternate has essentially the same liabilItIes <br />as does Alternate 4. <br /> <br />Recommendations. <br /> <br />Alternates 1 and 2 "are more desirable from 'J legal standpoint than <br />alternates Three, Four or Six." In addition, "once It Is Instituted, the <br />DIstrict must maintain survey lance of the system to Insure that It functions <br />properly. <br /> <br />V-.2 <br />