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CHRVERS <br />water, the excess water is pooling ranter than traveling through the ditch to the South Platte <br />River. The Plaintiffs and the Department of Minerals and Geology are concerned that this will <br />erode the banks and walls of the highway: Although CDOT has claimed that there is no bottom <br />to the box culvert, a Lafarge employee has personally dug through the earth and found the lined <br />bottom of the culvert Lafarge and the tenant farmer of the property have been concerned with <br />the pooling of water at the entrance of the culvert and with the integrity of the area. Lafarge and <br />the tenant farmer of the property aze; also concerned that there maybe negative impacts at the <br />box culvert because of the barricades. <br />26. Defendants Chaven have complained to the DMG stating that the discharge <br />through the culvert tinder Highway 85 has taken place because CDOT has refused to let <br />Plaintiffs dischazge at other proposed locations. As a result, they are claiming that they have had <br />to remove their livestock from pastures where the stagnant water is being discharged and are <br />now required to feed the horses hay that they did not have to do before. Despite the fact that the <br />ditches were recorded with the State Engineers Office, they further claim that they have been <br />unable to find any easement allowing this type of activity. These claims are without regard to <br />Plaintiffs' property rights in the Porter Seepage Ditch. <br />27. The water which should pass through the culvert and onto the Porter Seepage <br />Ditch has also become stagnant because of the cement barricades placed in front of the culvert by <br />CDOT, which has restricted the natural and historic flow of the water. The discharged water <br />would naturally flow through the box culvert and onto the Porter Seepage Ditch, and, has never <br />exceeded the amount allowed by recorded documents (15 cfs). <br />28. CDOT has also uses the Portet Seepage Ditch via a drain located on the median on <br />Highway 8S. The excess water on the median flows toward and into the drain in the median of <br />Highway 85, under Highway 85, and then exits into the Porter Seepage Ditch. The Highway 85 <br />storm water then travels through the Porter Seepage Ditch and into the South Platte River. <br />29. CDOT has also complained about use on the Ogilvie Ditch located on the Finley <br />property. The Ogilvie Ditch was established in 1909. In August 1952, the Colorndo Department <br />of Highways issued a Memorandum of Settlement between the owners of the land, the Ogilvies, <br />and the Colorado Department of Highways for the purchase of tkte easement for right-of--way <br />purposes. The amount of the settlement was $3,650.00 and the purpose of the Settlement was to <br />allow the Department to enter upon the easement to construct a channel for a surface ditch for <br />the use and benefit of the owner. As a result, the Colorado Department of Highways constructed <br />a culvert, which directs water under~the Highway, and onto the Ogilvie bitch and into the South <br />Platte River. <br />P . 09 <br />30. A culvert is located on Plaintiff's property and under Highway 85, which allows <br />drainage of water (a maximum 7 cfs) to pass through the culvert, to the Ogilvie Ditch, and into <br />