HomeMy WebLinkAbout970307.tiff LIND, LAWRENCE & OTTENHOFF, LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
JEFFREY R.BURNS (970)356-1111
_1
January 8, 1997
rn 7
Board of County Commissioners of Weld County .?
915 Tenth Street
Greeley, CO 80631 CO
Re : Hillsborough Extension Ditch and Culvert Replacement
Dear Chairman Baxter:
Please be advised that this firm represents the Hillsborough
Extension Ditch Company of Johnstown, Colorado. At the present
time a single 32" or 36" culvert exists in County Road 42 between
County Roads 15 and 17 located south of Johnstown. This culvert
allows water to flow underneath County Road 42 in a south to north
direction. After crossing underneath County Road 42 , the water
flows in a slough in a northerly direction and eventually drops
into the Hillsborough Extension Ditch which is located
approximately one mile north of County Road 42 .
Based upon information provided to us by residents who have
lived in this area, the existing 32" or 36" culvert (or perhaps a
smaller culvert in past years) has been in existence at least
thirty years . It is our opinion that this existing 32" or 36"
culvert has established a historical use and drainage pattern.
During the latter part of December, 1996 several
representatives of Weld County Attorney' s Office and Department of
Public Works met with Mr. Dean Binder to discuss the existing
culvert . The Board of Directors of the Hillsborough Extension
Ditch Company had received information that County intended to
remove the existing culvert and install two 72" culverts. Needless
to say, this results in almost a quadrupling of the historical
volume of potential flow as well as an incredible increase in
potential velocity.
It is our opinion that Colorado surface drainage law is
applicable in this case and applies to Weld County. Colorado law
indicates that a party cannot increase the volume or velocity of
SAIOAC
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Board of County Commissioners of Weld County
January 8, 1997
Page 2
drainage water in excess of the historical pattern or flow. Here,
by installation of these two new culverts, there will be a
significant increase in both volume and velocity.
At the present time the Hillsborough Extension Ditch cannot
receive additional volumes or velocities of water into its system.
The extension ditch is filled to capacity which is one reason the
Hillsborough Ditch system has been working very closely with the
Town of Johnstown to control and minimize drainage and runoff into
the ditch system. Any increase in the volume or velocity of water
entering the Hillsborough Extension Ditch north of County Road 42
will cause a breach of the ditch and subsequent flooding. Mr.
Binder explained this information to the County representatives at
the December meeting, however, the County personnel response was- to
the effect that "that is not our problem" .
Considering the potential liability to the Hillsborough
Extension Ditch Company as well as to Weld County in the event of
a breached ditch and flood, we have no choice but to now consider
the proposed culvert replacement as a serious legal matter. The
Hillsborough Extension Ditch Company and this office sincerely
desire to cooperate with Weld County but due to the substantial and
immediate threat to the ditch system, the Hillsborough Extension
Ditch Company has no choice but to demand that Weld County not
proceed with any culvert replacement until both factual and legal
issues are resolved. Resolution of factual and legal issues and
approval of any constructions plans will then protect the
Hillsborough Extension Ditch as well as those properties and
individuals which would be flooded if the proposed culverts are
installed. It is our demand that Weld County not proceed with any
culvert replacement until both factual and legal issues are
resolved and determined which will insure and protect the
Hillsborough Extension Ditch as well as those properties and
individuals which would be flooded in the event of a breach.
The Directors of the Hillsborough Extension Ditch Company have
expressed to me their opinions that Weld County personnel have not
been cooperative and do not share any concerns related to flooding
and damage . As installation of the proposed two culverts is a
substantial and significant safety and legal problem to the
Hillsborough Extension Ditch, this office has been instructed to
file legal proceedings against Weld County if necessary. Due to
the imminent construction, it is necessary that we receive a
written commitment from Weld County that construction will not take
place until factual and legal issues are resolved and plans
reviewed and approved. If we have not received written assurances
by 12 : 00 noon on January 13 , 1997, we will presume that Weld County
intends to proceed with construction which means that this office
will have no choice but to file legal action to stop the
Board of County Commissioners of Weld County
January 8, 1997
Page 3
construction until issues are resolved. We look forward to your
immediate response and cooperation.
Very truly yours,
LIND, LA TENHOFF
Kenneth F. Lind
KFL/cg
pc : Bruce Barker, Weld County Attorney
Hillsborough Extension Ditch Company
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