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SECTION V ". StabS Engineer - The relationShip of the Colorado State Engineer to the problem of urban storm drain- age detention reservoirs shall be investigated, LEGAL INTRODUCTION (1) The jurisdiction of the State Engineer over storage reservoirs in relationship to height, area, and damage potential shall be reported. (2) Methods in whiCh the State Engineer's powers may be applied to the problem of detention reservoirs shall be investigated. Section A-S of the engineering agreement for the SandersonjWeir Gulch project requires that alternatives be reviewed by an attor- ney who is an expert in Colorado drainage law. The original cOn- cept was for the attorney to provide a specific legal opinion on each alternative developed by the engineer. c. Method of Utilizin1 Private Storage - In the event that the Flood Flaln Ordinance proves insufficient to obtain the necessary regulation over private storage facilities, methods of utilizing these facilities shall be stated. With this charge in mind, the firm of Raphael Moses, noted attor- ney in the field of water rights, was retained by Frasier & Gin- gery, Inc. to provide the necessary legal opinions since it was evident that conflicts with existing irrigation ditches and reservoirs was an important part of the project. Mr. Dave Harri- son, associate of Mr. Moses, accompanied the engineering staff of Frasier & Gingery, Inc. On field investigations of the channels. These field investigations, together with preliminary studies of alternatives to be considered, beg~~ to point to the fact that a key aspect to any approach to planning on Sanderson or Weir Gulches would be the relationship of existing irrigation ditches and stor- age reservoirs to drainage planning within the basin. For this reason, a revised scope of work was prepared by Frasier & Gingery, Inc. for Mr. Moses and furnished to Mr. Joe Shoemaker, attorney for the Urban Drainage and Flood Control District. The following para- ryraphs reproduce that scope of work. (I) Possible easement or contractual agreements might be utilized. (2) An option to purchase the land if its intended use as a storage reservoir is ever abandoned. (3) Liabilities which the owner of a private storage facility assumes should be investigated. Public Ownership of Reservoirs - Adv~ntages of public ownership of reservoirs should be covered. D. 1. STORM WATER DETENTION RESERVOIRS 2. IRRIGATION DITCHES Numerous reservoirs exist on both Sanderson and Weir Gulches which provid~ a flood mitigating effect. Th~se reservoirs includp major irrigation company storage reservoirs, recreational pools in park developments, private pools within small corporations for aesthetic value, and detention behind roadway fills. As the continuing exis- tence of these reservoirs is in the public interest, certain methods of assuring their perpetuality should be explored. A. Flood Plain Ordinance - A review of the existing Urban Drainage and Flood Control District Flood Plain Ordin- ance should be undertaken. It is understood and accepted that irrigation ditches were origin- ~lly ir.stalled under rural conditions where thp ditches were gen- erally glad to accept any surface runoff since it represented a valuable water rosource to them. Since they exist in an urban environment today, it is questionable whether they have the right to, or the obligation of, accepting water which has historically flowed into the ditches. An investigation of Colorado State Law as it applies to the points listed below shall be Undertaken. (1) The applicability of the existing Flood Plaih Ordinance to assure future use of detention ponds should be evaluated. (2) Areas of weakness under the existing Flood Plain Ordinance should be pointed out suggesting that additional regulation is necessary to apply to storage reservoirs. A. Ma'or Draina ewa Crossin s - At various locations, ~rr~gat~on ~tc es cross maJor drainageways. Where such crossings cxi~t ~~d ~urfacc watcrs ~~y flow inte the irrigation ditch, a significant damage liability may exist to the ditch company if breaching of the dike occurs at some location other than the natural drainage path. It often occurs to me that any facilities installed to alleviate this damage potential should be at the ex- pense of the irrigation ditch company rather than the public since the ditch was constructed across the natural drain- ageway. -64- -6~-