Laserfiche WebLink
GRAVERS 303 6595223 P. 09 <br />water, the excess water is pooling rather than traveling through the ditch to the South Platte <br />River. The Plaintiffs and the Department of Minerals and Geology are conccmed that this will <br />erode the banks end 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 ahd <br />the tenant farmer of the property are also concemed that there may be negative impacts at the <br />box enivert because of the barricades. <br />26. Defendants Chavers have complained to the DMG stating that the dischazge <br />through the culvert under 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 atlowiag 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 (IS cfs). <br />28. CDOT has also uses the Porter Seepage Ditch via a drain located on the median on <br />Highway 85. 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 Colorado 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 the 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 Departrncnt of Highways constructed <br />a culvert, which directs water under the Highway, and onto the Ogilvie Ditch and into the South <br />Platte River. <br />30. A culvert is located on Plaintiffs property and under Highway 85, which allows <br />drainage of water (a tnaximtun ? efs) to pass through the culvert, to the Ogilvie Ditch, and into <br />