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<br />. <br /> <br />. <br /> <br />. <br /> <br />0'02250 <br /> <br />encroachments would be inconsistent with "The Law of the <br />River" and significantly reduce the water supply storage <br />capability of the river, which the Congress found to be <br />unacceptable in the Colorado River Floodway Protection Act. <br />The principal purposes of the Act were to restore the lower <br />Colorado River Floodway to protect and improve the water <br />storage capability of the existing Colorado River reservoir <br />system and to provide for the protection of human lives, <br />property, and natural resources. <br /> <br />According to Senate Report 99-410 which accompanied the <br />Colorado River Floodway Protection Act, the federal <br />government during 1983 paid $3 million in flood insurance <br />claims and $4.9 million in other forms of disaster relief for <br />flood related damages in the flood plain. Damages were many <br />times in excess of the level of compensation paid and, in <br />some cases, individuals and businesses were not eligible for <br />assistance. The Act itself seeks to accomplish its purposes <br />by withdrawing federal assistance for future Floodway <br />development. <br /> <br />While there are certain inherent and foreseeable risks <br />associated with riverine environments, there were some <br />limited cases of extraordinary hardships suffered during the <br />1983 high Colorado River flows that were outside the Floodway <br />and were not reasonably foreseeable for which little or no <br />compensation or assistance was provided. The recommendations <br />herein are to address those limited cases. <br /> <br />RECOMMENDATIONS ' <br /> <br />It is the recommendation of the Colorado River Floodway <br />Task Force that compensation should be recommended in <br />specific cases of economic hardship resulting from impacts of <br />the 1983 high Colorado River flows on property outside the <br />Floodway which could not reasonably have been foreseen. This <br />is provided that such cases meet at least certain minimum <br />criteria recommended by the Task Force relative to both <br />"economic hardship" and impac ts "not reasonably for eseen." <br />Any compensation which may eventually be provided in such <br />cases shall in no means establish any basis for liability <br />for damages incurred as the result of the 1983 high Colorado <br />River flows, nor shall it have any precedent value with <br />respect to future river flows in the Colorado River Basin or <br />elsewhere. It is being recommended solely to provide <br />financial assistance to persons outside of the Floodway who <br />suffered economic hardships resulting from impacts which <br />could not reasonably have been foreseen. <br /> <br />Should the Secretary of the Interior and the Congress <br />decide that compensation should be provided in such cases, it <br /> <br />. <br /> <br />VII-3 <br /> <br />.. <br />