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<br />
<br />AGREEMENT At! #f I
<br />REGARDING THE INTENT TO ASSURE THE FLOOD Uc 3' 't VI
<br />ROUTING CAPABILITY OF GREAT WESTERN RESERV~ 1J8'8~
<br />I'.e, (On, I
<br />; ~"J- 'r~lDO
<br />(Agreement No. 87-02. 02) ~.7i/I1"'!{/::'
<br />
<br />THIS AGREEMENT, made this flr!.h day of "Julirr '
<br />1987, by and between the URBAN DRAINAGE AND FLOOD CO ROL DIS-
<br />TRICT (hereinafter called "DISTRICT"), the CITY OF BROOMFIELD
<br />(Hereinafter cillled II BROOHFIELD " ) and CITY OF WESTMINSTER (here-
<br />inafter called "WESTMINSTER"), also collectively referred to as
<br />"PARTIES. IT
<br />
<br />WIT 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, somS 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 />reduce the lOO-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~9 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-fload.control reservoirs far 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. of 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, Broqmfield is the owner of Great Western Reservoir,
<br />a municipal raw water storage reservoir located in Sections 6, 7
<br />and 8., Township:2 South, Range 69 West of the 6th Principal
<br />Meridian; and '
<br />
<br />on Walnut Creek, is a
<br />significant inadvertent
<br />the lOO-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 lOO-year event, The projected
<br />100-year downstream discharge is not anticipated to exceed 1,900
<br />
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