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<br />~ <br /> <br />MREHfENT <br />REGARDIIIG THE INTENT TO ASSURE THE fLOOD <br />ROUTrNG CAPABILITY OF STANDLEY LAKE RESERVOIR <br /> <br />(Agreemeot No. 86-10.04) <br /> <br />THI S AGREEMENT. made th i s ,] /51- day of A-or" . 1987 by <br />. , <br />and between the UR8AN DRAINAGE AliD FLOOD CmlTROL DISTRICT (hereinafter called <br /> <br />"DISTRICT") the CITY OF WESTMINSTER (hereinafter called .CITY"), also both are <br /> <br />collectively referred to as "PARTIES. II <br /> <br />WITNESSETH THAT: <br /> <br />WHEREAS, several of the major draindgeways within, or flowing into, the <br /> <br /> <br />DISTRICT have water supply or other non-flood control reservoirs located on <br /> <br /> <br />them: and <br /> <br />WHEREAS, some of these reservoirS. by virtue of their size and/or their <br /> <br /> <br />embankment and spillway configuration, provide significant but inadver~ent flood <br /> <br /> <br />routing capabilities which reduce the 100-year flood discharge downstream from <br /> <br />the reservoirs: and <br /> <br />WHEREAS, House Bill I1B5, which "as Signed into law by Governor Richard <br /> <br /> <br />La~ on May 16, 19B6 (copy attached), states, in para9raph 37-87-104(2). that <br /> <br />MHo such (entity Or person who owns, ~ontrals, or operates. a water storage <br /> <br />, <br />I <br /> <br />reservoir) shall be liable for allowj~g the inflow to such reservoir to pass <br /> <br />through it into t~e natural stream belOW such resenoir."; and <br /> <br /> <br />WHEREAS, the owners of such resefVoirs can, and on occasion do, maK~ <br /> <br />changes to their embankrrent aud spillway configura~lonsl up to and including <br /> <br /> <br />removal of the structure; and <br /> <br />IIIIEREAS, the above language from House Bill I1B5 clearly indicaces that it <br /> <br /> <br />would be unwise publiC policy to rely upon these non-flood control reservoirs <br /> <br /> <br />for any flood protection; and <br /> <br />WHEREAS, the DISTRICT has previously adopted a "Pol icy for Oel ineation of <br /> <br /> <br />floodplains Below Water Supply and Other Non-Flood Control Reservoirs" <br /> <br /> <br />(Resolution No. 36, Series of 1986): and <br /> <br />WHEREAS, the Policy requires that nan-flood control reservoirs not be <br /> <br /> <br />considered in the drainageway hydrology unless adequate assurances have been <br /> <br />obtained by the Executive Director to preserve the flood routing capability of <br /> <br />the reservoirs; and <br />