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<br />Ar.REEfIENT <br />REGAROIIIG THE INTENT TO ASSURE THE FLOOD <br />ROUTING CAPABILITY OF STANDLEY LAKE RESERVOIR <br /> <br />(Agreement No. 86,10,04) <br /> <br /> <br />THISAGREEMENT,madethis .lIS+- dayof Jrp(';/ <br /> <br />. 1987 by <br /> <br />and between the UR8AN DRAINAGE AtlD .FLOOD COIITROL DISTRICT (hereinafter called <br /> <br />"DISTRICT") the CITY OF WESTMINSTER (herainafter called "CITY"), also both are <br /> <br />collectively referred to as "PARTIES." <br /> <br />WITNESSETH THAT: <br /> <br />WHEREAS. several of the major draindge~ays within, or flowing into, the <br /> <br /> <br />DISTRICT have w.ter supply or other non,flood control reservoirs located on <br /> <br /> <br />them! and <br /> <br />WHEREAS. some af these reservoirs, by virtue of thefr size and/or their <br /> <br /> <br />emb.nkment and spillw.y'configur.tion, provide significant but inadvertent flood <br /> <br /> <br />routing capabilities which reduce the IOO-year flood discharge downstream from <br /> <br /> <br />the reservoirs: and <br /> <br />WHEREAS, House 8ill 1185, which w.s signed Into l.w by Governor Rich.rd <br /> <br /> <br />L.mm on M.y 16, 1986 (copy .tt.ched), st.tes, fn paragraph 37-87-104(2), that <br /> <br />"No such (entity or person who owns. controls, or operdtes. a water storage <br /> <br />reservoir) shall be liable for allowing the inflow to such reservoir to pass <br /> <br />through it into the natural stream below such r~servojr."; and <br /> <br /> <br />WHEREAS, the owners of such reservoirs can, and on occasion do. ~~Ke <br /> <br />changes to their embankment and spillway configurations. up to and including <br /> <br />removal of the structurei and <br /> <br />IIflEREAS. the above langu.ge from House Bill 1185 clearly indicatas that it <br /> <br /> <br />would be unwise public policy to rely upon these non-flood control reservoirs <br /> <br /> <br />for any flood protection; and <br /> <br />WHEREAS, the DISTRICT has previously adopted. "Policy for Dalineation of <br /> <br /> <br />Floodpl.ins Below Water Supply .nd Other Non-Flooo Control Reservofrs" <br /> <br /> <br />(Resolution No. 36, Series of 1986); and <br /> <br />l~EREAS, the Policy requires that nan-flood control reservoirs not be <br /> <br />considered in the drainageway hydrology unl~ss adequate assurances have been <br /> <br />obtained by the Executive Director to preserve the flood routing capability of <br /> <br />the reservoirs; and <br />