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1
.M` LAW OFFICES OF
GEORGE A. EPPERBON
AND
Skr DONALD F. MoCLARY
231 MAIN STREET P. 0. BOX 597
FORT MOROAN, COLORADO
ASSOCIATE
STANLEY I. ROSENER 50701
March 23, 1970
Mr. Samuel S. Telep
Attorney at Law
First National Bank Building
Greeley, Colorado
Dear Sam:
I have concluded that I should write you a letter giving you our
engineer's and superintendent's position on the check that has been removed
from the Empire intake, that was destroyed by the changing of your bridge.
To review this situation, you have been furnished with the contract of
1925 which provided for the building of this diversion works under a bridge
at the joint expense of Weld County and the Bijou Irrigation District. This
was destroyed without the consent or approval of the District, and as a result
a very hazardous situation exists insofar as the diversion of our waters are
concerned. The main channel would easily cut through on the North side and
through your new bridge so that there will be no water to be diverted at the
dam constructed for the Empire intake. This could certainly cause a very
serious damage to 20,000 acres of land that is served by the Fmoire Reservoir.
As a result of this, my client has become very much concerned about the sit-
uation.
Many times storage supplies are low enough that it is necessary to divert
all the water that can be obtained and handled in the canal . It is, therefore,
apparently necessary that a method be determined for a check designed so that
the operating heighth of the main channel can be obtained after a flood, as
the crestline recedes. We have seen the river run two or three weeks high
enough to run into the Empire Canal after a flood, but not enough to run into
the canal without the old check or a similar check being installed. Our
engineer and superintendent both say that this "self-destruct proposal " is
absolutely unsatisfactory and that it would simply mean another dam of sand
that would be washed out on high water. Apparently the plan shown is con-
structed of material that would wash out and if this is the case, it does
not solve Empire's problems anymore than the sand dam that is there now. It
is a type of proposal that washes out the channel and would erode considerable
area by a flood and could allow more water through the North channel than the
county would want. The engineers do not think that the county representatives
700399
CC,
Mr. Samuel S. Telep Page 2 March 23, 1970
are aware of the exact nature of the problems concering the Bijou system.
If your engineer would want to meet with our engineer to go over the
situation, we would be glad to do that, but we do feel that something must
be done and done promptly because many timesin the summer, flood waters are
available to replenish our reservoir and to give us our refill decree. I
wish you would give this your immediate attention with the Board of County
Commissioners and I will have Mr. Howell and Mr. Pugh come to Greeley and
meet with your engineer if you deem it advisable. Something must be done
about this matter and done promptly.
Yours very truly,
7/7
GAE/ba
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