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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. f 50M