HomeMy WebLinkAboutBROWN FARM SIXTH - Filed OA-OTHER AGREEMENTS - 2003-07-31RESOLUTION
WHEREAS, the Pleasant Valley & Lake Canal Company
is often requested to approve developments which contemplate
the discharge of water flows into the canal of the Company,
and
WHEREAS, the Company is cognizant of the Colorado
Supreme Court cases concerning draingage, and accordingly
feels that it must make some reasonable accommodation to
accept such flows of water, and
WHEREAS, the Company nonetheless does not desire
to accept flows which it would in any way endanger the
ditch, or the properties of those lying under the ditch, but
in protecting against such injury must necessarily rely upon
the professional judgments and opinions of others.
NOW THEREFORE, BE IT RESOLVED:
The Pleasant Valley & Lake Canal Company will not
consent to the discharge of drainage waters from developments
into the canal of the Pleasant Valley & Lake Canal Company
unless:
1. An engineer licensed in Colorado certifies to
the Company:
a. That he hAs developed a plan in con-
junction with the drainage and the development that
will protect the canal from injury or overflow due to
excessive drainage flows from the developed land; that
no other steps to protect against breach or overflow of
the ditch from the drainage of the developed land is
reasonably required; and that the construction required
by the plan has or will be completed before the dis-
charge will be allowed to occur.
b. That the plan is in conformity with
all applicable ordinaces of the City of Fort Collins,
or the ordinances of the County of Larimer, as the case
may be.
2. That all necessary steps, as designated by the
Company, to protect against erosion, will be taken before
the drainage discharge is allowed.
3. That the City of Fort Collins or the County of
Larimer, as the case may be, shall certify to the Company
that it has the obligation to maintain all structures in-
volved in the drainage system and drainage plan including
all pipes and structures designed to protect the canal
against erosion or other injury.
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50M