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Last modified
1/25/2010 6:46:36 PM
Creation date
10/5/2006 12:44:34 AM
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Template:
Floodplain Documents
County
Boulder
Community
Boulder
Stream Name
Gregory, Bear Can, Bluebell Can Creeks, Viele Chan
Basin
South Platte
Title
Major Drainageway Planning Volume 1, Part C
Date
9/1/1970
Prepared For
Boulder County
Prepared By
CWCB
Floodplain - Doc Type
Floodplain Report/Masterplan
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<br />I <br /> <br />35 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />damage.) Baker v. Akron, 145 Iowa 485, 122 N. W. 926 <br />(1909). (The town was found liable for discharging <br />more water than naturally flowed onto plaintiffls land <br />located outside the town.) <br /> <br />This is not to say, however, that in terms of planning <br />for the future this Creek Channel should not be improved <br />and preserved as a natural watercourse. Quite to the <br />contrary. But in so doing, extreme Care should be ob- <br />served and a full and complete ~ developed before <br />starting any channelization or construction. This in- <br />cludes a careful analysis of future flow in order that <br />a proper outlet be obtained now or at least be easily <br />obtained in the future. 38 Am. Jur., Sec 634, <br />Municipal Corporations, p. 3~. ... <br /> <br />Flood plain zoning in coordination with the County is <br />certainly less controversial now than later. The channel <br />lends itself more readily to improvement now than later. <br /> <br />Since the natural channel and the natural flow is being <br />maintained, the City and County should be able to make <br />any reasonable improvements without threat of liabil ity <br />for neg 1 i gence. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />The engineer has done an excellent job of determining <br />the facts. The I'proposed improvements" for these three <br />creeks seem wel I-planned and carefully thought out. <br />Once the improvements referred to have been started (and <br />the Creeks as governmental drainageways adopted), the <br />responsibility for maintaining the channels remains. Sur- <br />veillance of these channels must be maintained to properly <br />supervise any additional drainage areas that private <br />parties might direct into the channeis. The channels must <br />be kept free from obstructions. Malvernia v. Trinidad, <br />123 Colo. 394,229 P. 2d945 (1951). In short, the City <br />does not have to do anything. But once it undertakes <br />these responsibilities, the duty of using reasonable <br />diligence and care to see that the drainage facil ities <br />are prevented from becoming delapidated or obstructed is <br />a continuing one. <br /> <br />I <br />I <br />I <br />
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