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<br />I <br />, <br /> <br />II!! t rc !iiJ <br /> <br />REGARDING THE IN~~:iE~~N~SSURE THE FLOOD -4Ur; : f ff If If} <br />ROUTING CAPABILITY OF GREAT WESTERN RESERC~~,?,_,~~,'E/~,I"1",,J981 <br />(Agreement No. 87-02.02) v"I,< <br /> <br />THIS AGREEMENT, made this /ljih day of 'Jo.L , <br />1987, by and between the URBAN DRAINAGE AND FLOOD CO/frROL DIS- <br />TRICT (hereinafter called "DISTRICT"), the CITY OF BROOMFIELD <br />(Hereinafter called "BROOMFIELD") and CITY OF WESTMINSTER (here- <br />inafter called "WESTMINSTERll), also collectively referred to as <br />"PARTIES." <br /> <br />W r T N E SSE T H: <br /> <br />WHEREAS, several of the major drainageways within, or <br />flowing into, the' DISTRICT have water supply or other non-flood <br />control reservoirs located on them; and <br /> <br />WHEREAS, some of these reservoirs, by virtue of their size <br />and/or their embankment and spillway .configuration, provide <br />significant but .inadvertent flood routing capabilities which <br />reduc~ the IOO-year flood discharge downstream from the reser- <br />voirs: and <br /> <br />WHEREAS, House Bill 1185, which was signed into law by <br />Governor Richard .Lamm on May 16,. 198,6 (copy attached hereto as <br />Exhibit A), states, in paragraph 37-87-104 (2), that "No such <br />(entity or person who owns, controls, or operates, a water <br />storage reservoir) shall be liable for allowing the inflow to <br />such reservoir to' pass through it into the natural stream below <br />such reservoir."; ,and <br /> <br />WHEREAS, the. owners of such reservoirs can, and on occasion <br />do, make changes to their embankment and spillway configurations, <br />up to and includi~g remova~of the structure; .and <br />, <br />WHEREAS, the: above language from" House Bill 1185 clearly <br />indicates that it would be unwise public policy to rely upon <br />these non-flood control reservoirs for any flood protection; and <br />, ' <br />WHEREAS, the! DISTRICT has previously adopted a "Policy for <br />Delineation of Floodplains Below Water Supply and Other Non-Flood <br />Control Reservoirs" (Resolution No. 36, Series of 1986); and <br /> <br />WHEREAS, the: Policy requires that non-flood control reser- <br />voirs not be considered in the drainageway hydrology unless <br />adequate assurances have been obtained by the Executive Director <br />to preserve the f~ood routing capability,ot the reservoirs; and <br /> <br />WHEREAS, Great Western Reservoir, <br />water supply res~rvoir which provides <br />flood routing capability which reduces <br />downstream from t~e reservoir; and <br /> <br />WHEREAS, Broomfield is the owner of Great Western Reservoir, <br />a municipal raw water storage reservoir located in Sections 6, 7 <br />and 8., Township i 2 South, Range 69 West of the 6th Principal <br />Meridian; and ' <br /> <br />on Walnut Creek, is a <br />significant inadvertent <br />the IOO-year discharge <br /> <br />WHEREAS, Broomfield currently plans to expand Great Western <br />Reservoir from a papacity of approximately 3,250 acre-feet to a <br />capacity of appro~imately 12,500 acre-feet; and <br /> <br />WHEREAS, as 'currently configured, Great Western Reservoir <br />provides a certain flood routing capability; and <br /> <br />WHEREAS, if Great Western Reservoir is expanded as currently <br />planned, it will provide at least enough flood routing capability <br />to limit discharges during the 100-year event. The projected <br />lOO-year downstream discharge is not anticipated to exceed 1,900 <br />