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<br />e <br /> <br />e <br /> <br />e <br /> <br />I ~. ::;-1! <br /> <br />CITV OF BOULDER, <br /> <br /> <br />Office of the City Attorney <br />Municipal Building <br />P.O. Box 791 <br />Boulder, Colorado 80306 <br />Phone 441-3020 <br /> <br />Joseph N. de Raismes, lII'l.l <br />City Attorney , ~ <br /> <br />Jane W. Greenfield <br />Deputy City Attorney <br /> <br />June 3, 1992 <br /> <br />Sara Duncan <br />Deputy Director and Acting Director <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br /> <br />Re: <br /> <br />Letter of May 5, 1992, Concerning Designation and <br />Information <br /> <br />Approval of Floodplain <br />V<.'. 4pv;' 12/IHZ- <br /> <br />/J-v <br /> <br />Dear Ms. Duncan: <br /> <br />Mayor Durgin has requested that I respond to your letter of May 5, 1992, in which <br />you indicated that you have been unable to review the 1988 floodplain studies conducted <br />by the City of Boulder and the Urban Drainage District. You asked whether the City of <br />Boulder is able to wait for the appropriate designations until funding and staffing constraints <br />permit you to review them. <br /> <br />In response to your question, the City of Boulder has no objection to the Water <br />Conservation Board taking whatever time is required to review these studies, and we look <br />forward to your advice. We have enjoyed a good working relationship with Brian Hyde and <br />Mark Metulik in the past and wish to continue in this manner. <br /> <br />However, you should be aware that the base studies have already been reviewed and <br />accepted by the Urban Drainage District and the Federal Emergency Management Agency, <br />and are being used as regulatory tools under Boulder's flood control ordinances. Your letter <br />asserted that: "Designation and approval of floodplain information is required by statute <br />before a community can use the floodplain information for regulatory purposes." The only <br />reference to designation and approval that I have been able to find is that contained in <br />Paragraph 37-60-106(1)(c), C,R.S., which permits the Water Conservation Board, inter alia: <br />"to designate and approve storm or floodwater runoff channels or basins, and to make such <br />designations available to legislative bodies of cities, . .." Undoubtedly, this does convey the <br />power to make such designations, but the statute does not make designation and approval <br />a prerequisite to regulatory use of the information, nor could it under the Colorado <br />Constitution, Title XX, Article 6, <br />