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<br />The real problem, as usual, is the rcsult rcnchcd when urbani- <br />zation has dramatically increased the degree and speed of <br />runoff. Because Colorado courts have not yet addressed the <br />particular problem, they still have an opportunity to react <br />to the equities of the radical change caused by urbanization <br />and certainly a plauaible reaponse will be to limit the amount <br />of water required to be accepted, if any, to that which has <br />historically occurred. Probably they would follow the direc- <br />tion of their decision in Hankins v. Borland, supra at 1010, <br />"Na tural drainage conditions may be al tered by an upper pro- <br />prietor provided the water is not sent down in a manner or <br />quantity to do more harm than formerly." Thus, if a signifi- <br />cant degree of runoff is involved, the ditch company would not <br />have to accept it; the developer or municipality would have to <br />make provision for getting it to a natural drainage way. If <br />the amount of water is small enough to cause no problem, <br />then it could be diacharged in the ditch. Apparently, then, <br />complete storm sewerage systems with direct discharge into a <br />major drainageway are the required solution. <br /> <br />CONCLUSION <br /> <br />The result which we have generally come to on the several issues <br />touched is that proper flood plain management will require a <br />continuing effort at negotiation and acquisition. The Colorado <br />courts have not dealt directly with an acute problem of in- <br />creased runoff by urbanization, and the ultimate allocation of <br />private flood reaponsibilities is correspondingly unclear. What <br />is clear is that within certain bounds, the management and con- <br />trol of the drainage facility is consistent with other existing <br />land uaes along the relatively undeveloped channels. Perfection <br />of righta and obligations by express agreement is presently <br />possible and offers the path of least resistance to the manage- <br />mcnt and control of these basins. <br /> <br />We are hopeful that this report is responsive to the decision- <br />making needs of the District. If there are further questions, <br />we will be glad to try to answer them. <br /> <br />'c <br />." <br />