HomeMy WebLinkAbout810624 LAW OFFICES
GEORGE A. EPPERSON
DONALD F. McCLARY
EDWARD L. ZORN t ate231 MAIN ST• V.O. BOX 597 \AO �� ' •
1\
FORT MORGAN COLORADO 80701 July 9, 1981 `� 0%:;›,-1.--:� `c\\ ...) 1-303/867 4.;21
l `1/.�11.�` 1L 1
Board of County Commissioners
Weld County
Weld County Court House
Greeley, CO 80631
Re: Empire Diversion Works at Kuner
Bridge
Gentlemen:
The officers of the Bijou Irrigation District have contacted
me with regard to a problem which has arisen with regard to the
structure constructed by Weld County at the Kuner Bridge crossing
on the South Platte River. Your file, no doubt, reflects that
in 1925, an agreement was made between the Bijou Irrigation
District and the County for the construction of certain structures ,
and thereafter in 1970 , a new bridge structure was placed across
the River. Again, correspondence and discussions between the
District and the County were had. As a result of all of the
above , it was agreed and the County had previously agreed to
maintain and repair the facilities , thereby allowing the Bijou
Irrigation District to divert water as it has in the past through
its Empire diversion works immediately downstream from the Kuner
Bridge.
Also, your records will reflect that the North channel
of the South Platte River was blocked by a roll-over type dam
facility , thereby forcing water to remain in the main channel
and thus accessible to the Empire diversion works immediately
downstream.
The problem now arises that the above roll-over type dam
has become insufficient and needs repairs as water does escape
around the ends and underneath the structure and is allowed to
proceed in the north channel which channel does not join the
main channel of the South Platte River until after the same has
passed the Empire diversion works .
Mr. Ross Osburn, Superintendent of the Bijou Irrigation
District, has contacted the county authorities and has advised
them of this potential problem. To date, nothing has been done,
u1052 ,,
, j
2-P,-- - ci c CO la
Page 2
July 9, 1981
and no response has been received from the company . Consequently,
we are asking that you immediately look into the matter and contact
us in order that we may mutually resolve the pending problem.
There is some immediate urgency to this matter as the Bijou Irrigation
District plans to divert water into its Empire system on or before
August 1, if available. Thus, if the water is still escaping
from the main channel around the dam to the north channel, there
will be no water available for diversion and the Bijou water
will be lost to the stream. This , of course, would result in
enormous irreparable damage to the Bijou Irrigation District in
the form of crop failure and other foreseeable damages due to the failure
and inability to deliver water to our District people.
Our Superintendent indicates that the work to correct this
matter will be fairly simple, and therefore, I do not see any reason
why the matter cannot be immediately taken care of in order to
eliminate any possible damages to the Bijou Irrigation District or
its patrons.
Please look into this matter at your earliest convenience and
as soon as you are ready to make the necessary repairs , please contact
Ross Osburn, Superintendent of the Bijou Irrigation District,
whose phone number is 353-3323 in order that he may approve your
plans for reinforcement and extension of the roll-over type dam.
urs very tr
DFM/bf
cc : Mr. Sam Telep
Attorney at Law
1220 11th Avenue, Suite 300
Greeley, CO 80631
County Engineer of Weld County
Court House
Greeley, CO 80631
Bijou Irrigation District
410 East Railroad Avenue
Fort Morgan, CO 80701
Hello