HomeMy WebLinkAbout2003 Ordinance No. 080•
•
•
CONTRACT. NO, 118 -.2.003
C.l) □Y .\LTI IORIT\
ORDl;--.-\\CE \0 0
SCRIES OF '.00 3
COl\CII L BILL\ . -8
I\TRODL"CED llY COL'\ IL
~I E~IBER \\OLO \'N
.-\>I ORD l :-J.\\CE .-\PPRO\"I\G T l IE .c00 3 CIT\' DITCH. HI GHLl"1 E C.-\:-1.-\L A ,REE~I E\T
DY A:s/D DET\\IEE>J THE \TY .\\D COUNTY OF DENVER . .-ICTl :s/G DY .-\>JD
TIIROUG!-1 ITS llOARD OF WATER C0~\~11 SIGN ER . (DE . VER) .-\>JD Tl-IE CITY OF
E>JGLE \VO D . (ENG L EWOOD) FOR TH E DELIVERY OF lt-\\V IV.-\TER .
\V I-IERE ,..\S. by an Agrccmcnl du11:t.l Oc1 ob cr 3. 1995. the Ci1ic s of Di:m cr and
Engkwood agn:c d upon ddivcry uf water th rough City di1ch ~met the Hi gh Lin!! Ca nal ; and
WHEREAS, Englt.:wood and Denver wis h lO arra ngc fo r ddivery of wat er to l.!:tc h of
them fr om a Ji ti:h ow111:d by the otlu:r; and
WHEREAS, a turnout [rom the '
Engll!wood 10 supply w.1tcr to !\kLclhm ,
mal. owned by Denver. is used by
J
WHEllEAS, Englewood ow ns th t: C 11 J I fr om Cha tfield Reservo ir north to 1-I arv:.mi
Gulch blo w•o ff. and Denver ow ns the Ci ty Ditch tram 1-1.irvard Gu lch north to it s termmu s; and
WHEREAS, Englew ood uses the City Di1c h to convey wate r fo r Englewood 's use 10
Mc lellan Re servoi r and All en Filte r Plant. for stonn drai na ge and to suppl y va riou s contract
users who dive n fro m City Dit ch Sou 1h of 1-la rvard Gulc h; und
WHEREAS, Denve r has us ed deliverie s from Cit y d it ch to s uppl y water to park s and
contract use rs north of Harvard Gulc h: and
WHEREAS. Denv er desi res to reta in ce ruii n right s to take that wate r previous ly de livl!rcd
to Den ve r :.n Harva rd Gu lch to cxisling and new loca ti ons sout h of Harva rd Gulc h: and
WHEREAS , because of these new arrang em ents . 1hc p:mics ha ve agreed to change the
co mpen sa ti on arra ngements se t fonh in the 199 5 Agreement.
NOW. THEREFORE. BE IT ORDAINED \3Y TH E CITY COUNC IL O F TH E CI TY
OF E:-JGLEIVOO D. CO LORADO. Tl-IA T :
Si.:c11o n I . Ci 1y Counci l for the Ci ty o l' Englewood. Co lorado. hereb y :1p proves the
:.mached .-\greemclll (Exhibit.-\) betwee n the City am! County of Den ve r. acting by and th ro ugh
its Board of \V ~ner Comnussmncrs. and the Ci ty o f Eng lewood. Colo rado. fo r thi.: de li very of raw
wa ter .
'ic:1.:110 11 :. The ~tuyo r .mJ Ci t:; Cle rk .Lre .1ut hortz t!'d h> !i lgn .mJ anc~t ~:ml .-\grccmcnt
t'or .ind 011 bdrnlf v f 1hi: C ny of Engl i:wooJ.
lntrod uc~J. r(!~1d m t'ull. .mJ passe d on 1i rst reading on thl! 1-1h Jay 0f ~o,·embc:r :o0.3 .
Publi shc:d as a Bill fo r an Ordin~mcc: on 1hi: :? I'' day or :-.Jo, ember :?003 .
Ri::1J by titlt! and passed on fi nal ri:adm g on the 1st day of De cembe r. :?00 3.
Publi shl!t.l by 1i1 lc as Ordinan ce :-.Jo . ..!2_. Sc ri~s or :?003 . on the S1h
I, Loucri shia A. Ellis , Cit y Clerk of the Ci ty of Engle wood , Co lorado, hereby certify dtat th e
above and foregoin~,¥ true copy of the Ordinance passed on fin al rendi I and published by title
as Ordinance No .~~. Series of 2003.
•
•
•
•
•
EXHIBIT A
2003 CITY DITCH/IDGH LfNE CA.'IAL AGREEME:'IT
TH IS AGREEMEI\T is made and entered into as of the ____ day of
--------,--·• 2003 , by and between the City and Co un ty of Denve r, acti ng by and
thro ugh its Board of Water Commiss ion ers, a municipa l corp oratio n of the Sta te of Co lorado
("Denve r"), an d the City of Englewood, a muni ci pal corporation of the State of Co lorado
("E nglewood").
RECITALS
By a document da ted October 3, 1995, entitl ed CITY DITCH/HIGH LINE CANAL
AGREEMENT, (the I 995 Agree ment) Denver and Engle woo d agree d, among other th ings,
upon delivery of water through City Ditch and the High Line Canal. Den ver and Englewood
now desire to amend the 1995 Agree ment in its ent irety, to read as follows:
A. En glewood and Denver wish to arrange for delivery of water to each oftbem from
a ditch owned by the other. Englewood desires deliveries from the High Lin e Canal , and Denver
desires deliveries from the City Ditch to its co ntract users , and de sires to have a remain ing right
to obtain certain deliveries from City Ditch for its own use .
B. The High Line Canal ("High Line") is owned and operated by Den ver. A turnout
from the High Line is used by Englewood to supply water to McLcllan Reservoir.
C. Englew ood owns and ope rates the City Ditch fro m Chatfield Reservoir north to
Harv ard Guieb blow-off. Den ver owns the City Ditch fro m Harvard Guieb north to its terminus .
Englewood uses City Ditc h to co nve y water fo r Engl ewoo d's use to Mclellan Reservoir and
Allen Filter Plant, for storm drainage , and to suppl y vario us contract users who divert from City
Ditch south of Harvard Guieb . In the past , Den ver bas us ed deli veri es from City Ditch to supply
water to parks and contract users below Harvard Gulch (i.e., north of Harvard Guieb). Denver
no lon ger desires to use that porti on of City Ditch which lies so uth (upstream ) from Harvard
Gulch to convey water to locations on City Ditc h whic h are north (downstream ) of Harvard
Guieb. Howe ver, Den ver desires to retain certain rights to take that water which was previously
delivered to De nver at Harvard Gu ie b to exist ing and new loc ati ons so uth of Harvard Guieb.
D. Because Englewood will no longer be deli ve ring water to Denver for use north of
Harvard Guieb, the panics have agreed to change the co mp ens atio n arrangements set forth in the
19 95 Agreement. If Denver cboo s~s to take the water which was previously deliv ered to it at
Harvard Gulch, then Denver will pay fo r that water on th e same basis as a co ntract user from
Oty Ditch , as more partic ularly set forth bel ow.
E. The previous flows of water deli ver ed to Denver at Harvard Gulc h have provided
flushing of intermittent storm drainage intercepted by the City Ditch , and have provided aesthetic
benefits to th e citize ns of Engl ewo od . In order to assist Englewood in maintaining the use of
City Ditch for the flushing of intermittent storm drai na ge , and to maintain its aest hetic benefi ts ,
Denver has agreed to make cenain payments to Englewood towards the constructio n of a pump-
back sys tem in a ponion of City Ditch.
F. In addition, the panies have agreed to cenai n other changes to the 1995
Agreement, all as more panicularly set fonh below .
Therefore, the panics have agreed as follows:
I. IDGH LINE CANAL
I.I Deli veries to Englewood. Whenever Denver is running water in the High Line at
least as far as the rumour ro McLellan Reservoir, Den ver shall diven ar the High Line diversion
dam not le ss than 5 cubic feet per sec ond (cfs) and up ro 60 cfs of Englewood's water.
Englewo od shall determine rhe amount of its warer to be divened, up ro a maximum of 60 cfs .
Denver shall continue to operate the High Line fo r deli veries ro co ntract users nonh of McLellan
Reservoir under the 18 79 High Lin e prioriry .
1.2 Notice. To the extent practical, Den ve r shall attempt ro provide Englewo od with
advance notice of th e time when Den ve r will begin running water through the High Line . When
Den ver notifies Englewood that water is running in the High Line, Englewood shall give Denver
48 hours advance no tic e of the amount of irs water robe divened, including rare and duration of
flow. Denver shall make all reasonable and practical effo ns to comply with Englew ,1od's
directions concerning commencement time , rate and duration of flow . Denver has the right to
•
terminate diversions of Englewood's water, so long as all div ersions of water into the High Line •
arc terminated ar the same time .
1.3 Measurement and Di tc h Loss . Er.glewood shall bear a ditc h loss of 16 perc ent
(16%) of its water , divened ar the High Line diversion dam, lS measured ar the gage adjacent to
Platte Canyon Reservoir, for delivery ro McLellan Reservoir whenever water is being delivered
down ditch of rhe McLellan Reservoir tumour. The deliveries of Englewood's water will be
measured ar the ga ge on Dad Clark Gulch be twee n rhe High Line and McLellan Reservoir . For
example , if 60 cfs is divened for Englewood at the diversion dam , 50.4 cfs shall be delivered
through the Dad Clark gage. If water is not being delivered down ditch of the McLellan
Reservoir turnout, Englewood shall bear acrual tli tch losses sustained by the High Line from the
diversion dam ro the McLellan Reservoir turnout. In th e eve nt that any improven ,ents are made
to the High Line which decrease its see page losses, the amount of ditch loss which Englewood
must bear shall be appropriatel y red uced .
1.4 Waiver bv Den ver of Ditch Losses . Notwithstanding Paragraph 1.3, Denver sha ll ,
ro the extent legally permissible , waive the 16% carriag e loss whe n Den ver is carryi ng
En glewood 's wate r in the High Line along with water divened by the High Linc 1879 prioriry;
pro vided that, Denver is not prohibited, for reasons beyond its control, from constructing the
improvements proposed in Para gra ph 2.1.2 . Englewood sha ll cont inue to bear the 16% carriage
loss whenever Denve r is not diverting under the 18 79 High Line prioriry (i.e., the An_rero
Contract Run ), or the actual loss whenever no water is be ing delivered down ditch of the •
•
•
•
Mclellan Reservoir turnout. Wb e:1ev
diversio n and de livery rate for Englew ·
16% carriage lo ss is waived, De nver's maxim um
.,all he reduced from 60 cfs to 50 cfs .
1.5 Water Oualitv . Denver makes no warranty as to the quality of the water delivered
to Englewood, and Englewood will acce pt same "as is."
1.6 Maintenance Re soo nsibilitv. Denver shall operate and maintain the High Line for
delivery of Englewood's water to Mc l ellan Re servoi r. Englewood sha ll pa y a proponionate
share of operatio n and ma intenance costs dS described in Paragraph 1.7. Englewoo d shall
mainta in the present measuring flum e at the Mclellan Re servoir turnout, at Englewood's so le
expense.
1.6.1 Shut -off of Del iv eri es. Denver shall perform any maintenance work
requiring either a com plete or panial shut-off of deliveries in the High Line with the utmost
expediency to minimize water losses . Except in emergency situati ons, Denver sha ll not; fy
Engle woo d of all co mplete or panial shutoff a1 le ast 48 hours in advanc e when ev er water is
being delivered to Mclellan Res ervo ir.
1.6.2 Annu·,I In spec tion . Upon mutu:<. agree ment, representati ves of
Englewood an d Den ver ma y perform annual joint inspections of the High Line to determine
ma intenanc e work required to contin ue to deliver the rates of flo w set fonh above . The
inspection of the High Line wi ll be lim ited to the reach between the South Plane River dive rs ion
dam and the Mclellan Rese rvoi r turnout. The annual inspe ctio n shall be made so that all
required maintenance work will be completed, to the extent pra ctical , prior to April I .
1.7 En gle wood's Share of Hi gh Line Expenses . Englewood sha ll pay a propo rti onal
sh are of the Board's annual High Line administration, operation and maintenance ex penses
(including depreciation) on that portio n of the canal from and includi ng the High Line diversio n
dam to Mc lellan Reservoir (a distance of 16 miles , more or less). Denver will not charge
Englewc:0d for Hi gh Line ca pital costs, de fi ned as the cons tru ction of ne w ph ysi cal structures or
improvements to exis ting structu re s that will have a usefu l life of five years or more (except for
dep.reciation whic h shall be inc lud ed in operat io n and maintenance ex penses and calculated
uncier generally accepted accounting procedures co ns iste ntl y applied). Englewood's proportional
share of th os e costs shall be base d on the ratio of the v J iume of water <livened for Englewood at
the High Line diversion dam to th e total amount of water dive rted by the High Line from the
South Plane River .
1.7.1 Calculation. The comp utat io n of Engl~woo d's share of costs sha ll be in
accor danc e with the followi ng formula:
CE= (16 /63.6) X CH X (QEiQH ).
Where:
I 6 Length of the Hi gh Line in miles from the Hi gh Line di versi on
dam to the rumout fo r Mclellan Reservo ir on Dad Clark Gulch.
63 .6 Length of High Line in miles from High Line diversion dam to its
terminus at the Rocky Mountain Arsenal turnout. This distance may change in the future •
depending on Denver's operation s.
QH Total annual High Line diversion , in acre-feet as measure d at the
gage adjacent to Platte Canyon Reservoir .
QE Total annual amount of Englewood water diverted or delivered
into the High Line , in acre-foet , as measured at the gage adjacent to Platte Canyon Reservoir.
CH Denver's total annual costs for administration, operation and
maintenance of the High Line (based upon acrual miles operated by Denver).
CE Englewood'; proportional share of annual High Line costs.
U. CITY DITCH
2.1 Deliveries to Denver.
2.1.1 Previous Del iverv to Denver at Harvard Gulch Shall Not Be Made. Under
the 1995 Agreement, during the period of April I through October 31, inclusive, Englewood was
required to deliver to Denver through the City Ditch ,t Denver's request up to 13 cfs of water at
Harvard Gulch (measurr.d at the Wasbington Park flume). Those deliveries shall no longer be
made .
2.1.2 Option to Tal<e Former Deliveries at New Locations. Denver may require
Enfl]cwood to deliver, through the (ity Ditch , any portion of the 13 cfs formerly deliverable at
Harvard Gulch to any existing or future contract user's delivery srrucrure or structures south of
Harvard Gulch for irrigation of parks, open space , and golf courses of Denver or its customers.
Such deliveries shall be in addition to the deliveries which Englewood is already required to
make to existing contract users south of Harvard Gulch. Such deliveries shall be made only
during the period April I through October 3 I. If Denver wishes to utilize new delivery
strucrures south of Harvard Guieb, Denver shall pay to Englewood the full cost of the
construction of the new delivery structures , whereupon delivery shall be made at the new
delivery structur .s. The cost of construction shall include any temporary improvements to the
City Ditch which are necessary to maintain the existing capacity of 25 cfs to the Allen Treatment
plant while construction of the improvements necessary for the delivery of all or part of Denver's
13 cfs to new locations is taking place. !fa new delivery structure is to be built south of highway
C-4 70, it must be designed so that it would not conflict with an enlargement of the flume over
Marcy Gulch or an en largement of the passageway under Highway C-470, and must be built
downstream fr~m the stilling basin. Englewood shall perform the construction during periods
whe no interruption of flow will be necessary .
Denver's option to require the delivery of 13 cfs shall be exercised by written
notice to Englewood, specifying the delivery locatior,s. Delive:ies from existing delivery •
••
•
•
stru ctur es wbicb do not requ ire modific ation of City Ditch shall co mmence withi n twenty days
after del iv ery of no tice , or at the comm enc ement of the del iv ery season, whichever is lat er.
Del ive ries whir ' requi re modi ficati ons to City Ditch or the deli very structu res sha ll be made as
soon as tb e m0di fic ations ca n be reasonabl y completed, or at the commencement of the delivery
season, whic hever is later.
2.1.3 Interrupt io n of Deliveries. In '·emergency situ ati ons," Englewood ma y
temporarily red uce or el im inate the de li veries of 13 cfs to Den ver pursuant to Paragra ph 2.1.2 , so
as to increase the flow in City Ditch availab le for diversion into Englewood's Allen Filter plant.
An "emergency situation" is defined as a cas ualty , such as an accident, mechanical breakdown,
burst pipe , flood, presence of a harmful pollutant which is a threat to the hea ltb and safety of
Englewood's residents , eanbquake, fi re or windstorm, which ca uses Englewood to be unable to
make full use of its points of di version from the South Platte River or Bear Creek, other than
City Ditch . In the eve nt of an intem.ption due to an emergenc y si tuation , Enr,lewood shall take
all reasonable and practi ca l actio ns to enable it pro mptl y to resume full deliveries to Denver.
2.1.4 Int erruption for Maintenance . If Denver or other City Di tch contract users
are taking water under this agreement, then Englewood sha ll perform any maintenance work
requiring either a complete or partial sh ut-off of deliveries in City Ditch with the unnost
expediency to minimize water losses. Eng lewoo d shall, excep t in emergency si tuations, notify
Denver of all complete or panial shu : . t\ ,. '. • ,., 48 hours in advance.
2. 1.5 :A1a1er Oualitv. ; .. ~lewood makes no warranty as to tbe quality of the
water delivere d to Den"r under this agre ~ment , and Denver wi ll accept same "as is."
2.2 En2lewood's Opera tional Respon si bilitv . Englewood shall co ntinue to
operate and maintain City Ditcb from the Chatfield Re servo ir outlet works to the Harvard Gulch
blow-off; provided , howe ver , that Englewood may termina te such operation and maintenance as
set fonh below. Englewood shall prov ide water to meet Den ver's deli very obligations to the
present and future contract us ers on City Ditch south of Harvard Gulch , but such deliveries sha ll
not be in exc es s of the co ntract rights to water which ma y be <li vened under Den ve r's City Ditch
priorit ies.
2.2.1 Ca rria 2e Los ses. Englewood shall maintain and operate City Ditch in
such a mann er th at carriage losses fo r delivery of water to ex is ting contract users and Englew ood
do es not exceed one cfs . If Den ve r chooses to ta ke deliv ery of its I 3cfs south of Harvard Gulch ,
as pr ovi ded in Paragra ph 2.1.2 , then the al lowabl e carri age losses shall be reasonably increased.
Carriage losses shall be provided fro m water <li vened on Den ver's City Ditch pri orities . If
improvements are made to City Ditch wh ich materially red uce carriage los ses, then Englewood
shall not diven the amount of the reduction from Denver 's City Ditch pri orities.
2.2.2 En2lew oo d's Ri2h t 10 Clo se Citv Dit ch. At Englewood's election,
Englewood may close City Ditch at any point nonh of the point of diversi on of the nonhemmost
then-existin s co ntra ct use r, or the point of diversion then being use d by Den ve r pursuaDt to
Paragraph 2.1.2 , whichever is th e more nonh~rly. Provided . however, that Englew ood sh all give
written not ice to Denver at least 90 days prior to any such closure . Durin g that 90 day period,
Den ve r may give notice that it wis hes to co mmence dive:sio ns under Paragraph 2. 1.2 at a
part icul ar loca tion within the area to be clos ed , in which event City Dit ch shall not be close d •
so utherl y of the point where Denver wishes to make di vers ions , so long as Den ve r continues
regularl y to make tho se di versio ns .
Furthermo re , during the 90 day period Denver may advise Englewood that it
wishes to re sume delive ri es to Harvard Gulch, in which event the parties may , by murual
agreement, recommence those deliveries. Englew ood shall have no ob ligati on to recommence
such deliveries. Englewood may require payments for such de li veries to be calculated in the
same manner as Denver'• payments for de liverie s from City Ditch were calculated under the
1995 Agreement.
2.2 .3 Linlet on Cemeterv . Englewood accepts full responsibility for
performance of Denver's obligations under that certain agreement between Denver and the
Linleton Cemetery Association dated May 13, 1933 , anachec hereto and marked "Exhibit B", so
as to relieve Denver of any liability with respect thereto . Denver bas assigne d all its rights and
obligations under that agreement to Englewood .
2.2.4 Maintenance of Harvard Gulch Blowoff. Em!lewood shall maintain and
operate the Harvard Guieb blowoff at Englewood's expense, and may alter the bl owoff structure
for the installat ion of measuring devices . Denver will pro vide access through its streets and
parks to facilitate such maintenance and the insta llation of measuri ng devices. Englewood will
repair and restore any streets or parks damaged thereby to Denver's reasonable specifications .
2.3 Denver's Operationa l Resoonsib ilitv . Den ver shall co ntinu e to operate and
maintain City Ditch north of the Harvard Guie b blowofi only to the extent Denver determines, at
Denver 's sole expense. (Denver shall have no obligation to Eng lewood to opera te or maintain
City Ditch north of the Harvard Gulch blowoff). Den ver shall be solely responsible for
supplying all contract users who have rights to divert from City Ditch north ofHafvard Guieb. If
such co ntract user s are to be supplied from City Ditch, then such contract users shall be suppl ied
by water introducect into City Ditch north of Harvard Gnlcb , which shall not be carried through
any part of City Ditch south of Harvard Gulch , prior to its introduction into City Ditch .
Englewood shall have no responsibility fo r operation or maintenance of City Ditch north of the
Harv ard Guieb blowoff.
2.4 Fee s Charned to Co ntract Us er s and to Den ver. Englewood will be responsible
fo r charging fees to exis ting and futu re contract users , including users who take delivery of water
pursuant to paragraph 2.1.2., who divert so uth of Harvard Guieb . Englewo od's responsibility
shall include establishing fees, bill ing, and recei ving and re taining payments. Englewood will
maintain normal business facilities and records for such collections. and annually advis e Denver
of payment or non-payment.
[n the ev ent that Denver or its future contract users cho ose to take water unde r Paragraph
2.1.2, ti.ie Denver or its designated user of wa te r from the C ,ty Ditch by contract will be charged
a fee calculated on the same basis as an existi ng co ntract user entitled to water. In voices shall be
•
payable in full 30 days from date of inv oice. If delivery is made to Denver , then Englewood •
•
•
sha ll have the right to enforce pa,ment, togeth er wi th statu tory inte re st and anorneys fees
incurred on accou nt of delinquen t payments ; but fai lu re to pay by Denv er shall no t -, :u It in any
son of reve rs ion of Denver 's City Ditch righ ts .
Den ver will set fees , bill , recei \'e and retain payme nt fr om co ntra ct users who diven from
City Ditch nonh of Harv ard Gu lch.
2.5 Ri eht of Re ve rsio n or Acqui sitio n. Den ver ret ains tbe righ t of revers ion as to any
contrac tual right fo r whi c~ an annua l service charge is not paid by May 21 of an y year. Denver
also retains the righ t to acquire any contractual righ t in the City Ditch. Exce pt as to those
co ntracts that take water no nh of Harvard Gulch, an y such reversio n or acquisition shall inc re as e
the amount of water which Englew oo d may be ob ligated to deliver to Denver pursuant to
Paragra ph 2.1 .2; provided that , Den ver pa ys fo r del ivery of such water as provided in Para gra ph
2.4; and pro vided funbe r, De :v er is respo nsi bl e fo r any improvements to the City Ditch requ ired
to con vey such water nonh of th e turnou t of the co ntract users which Den ve r acq uir es by
purchase or reversion. If Den ve r acquires contrac t inches which now diven south of Allen Filter
Plant for deli very nonh of th e fi lter plan t, then Denver wi ll make such improve ments, if
ne cessary, to prevent the diminution of the exi sting capacity (25cfs) to the All en Filter Plant.
2.6 Den ver's Share ofCitv Ditch Ex penses. After 200 1, Denver sha ll no longe r pay a
share of the expenses of operating and ma inta inin e City Dit ch so uth of Harvard Gulch, exce pt
pursuant to Paragraph 2.4.
2.7 Water Rights . En glewood will dive n on Denv er's City Ditch priorities in order to
obtain the amount of water necessary for the de liveries to Den ver and to the co ntract use rs other
than Englewood. Englewood will diven on its own contract rig hts for 3.2 1 cfs. Denver sha ll not
co ntes t Engle wood's claim of ownership by contract or otherwise to diven up to 3.2 1 cfs under
th e se ni or priority of 30 cfs dec reed to City.Ditch wit h an app ropriati on and priority date of
Novem ber 28, 1860, as evidenced by decree of the District Coun of Dou glas County,
adjudicati ng water right s in forme r Water District 8, ente red on December 10, 1883 . Englewoo d
has the reversionary righ t as the co-carrie r only to its City Ditch co ntracts up to 3.2 1 cfs . Denve r
does not warran t title to or the legal or physica l availab ili ty of the 3.21 cfs cla im ed by
Englewood.
2.8 Use of Impai red Caoacitv. To whatever extent the carryi ng capacity of the ditch
is impaired for reas ons be yond the contro l of Englewood, then the deli ve ry capac ity below the
obstruc tio n shall b·. all ocated first to carria ge of Engle woo d's 3.21 cfs. Englewood shall take all
reas ona ble an d pr actica l actions to enab le it promptl y to re sume full de li veries .
2.9 Use of Citv Ditch Excess Ca oacitv. If Englewo od determines the City Dit ch has
ex ce ss capacity, then Engle wood will deliver Denver's remaining City Ditch entitlement beyond
the 13 cfs pursuant to paragrap h 2.1.2; prov ided that, suc h deliveries do no t interfere with
Englewood's prio r obligati ons or interfere with its (o r its lessee 's) pre sent or fu ture use of the
City Ditch.
2.10 Storm Drainaee into Citv Ditch. Water in exc ess of the needs of the users fro m
the City Dit ch ("excess wate r") wi ll be dumpe d as fo ll ows: All ex cess water in troduced or
colle cte d in City Ditch south of the rumout into Linle Dry Creek will be dumped into Lin le Dry
Creek. Excess water introduced or co lle cted in City Ditch nonh of the rumout into Linle Dry
Creek will be dump ed at the Harvard Gulch blow-off into the stonn drainage system. •
IJT. MISCELL..\'.'IEOUS PROVlSIO N~
3.1 Calcu lation o f the Am ount of Expenses Incurred with Respect to Hieb Line .
Den ver's expenses hereunder shall consist of direct labo r, materials, equipm ent, ve hicles, and
overhead (administration, tools, benefits and leaves ) necessary to perfonn the activities unde r
this Agreement. Denver shall keep reasonable and consistent records of its hours of dtr ct labor
and supe rvi sion, material cosrs , fringe benefits and other payroll levies and equipment usage
upon which its costs are based and the me thodology used to ca lculate such charges. Such
record s shall be kept for at least three calendar years beyo nd the calendar year during which they
were incurred , and shall be available for inspection by Englew<'od during all reasonable business
hours. Denver 's documents which show the method c f calculation of cos ts sha ll be si milarly
available for inspection.
3.2 Denver's Citv Ditch Water Riehts. Nothi ng he re in shall be construed to affect
Den ver's ownership of its City Ditch Water Rights (exce;,t as provided in Paragraph 2. 7).
3.3 Recircu lation Svstem . Denver will reimburse Englewood up to S257,000, which
is the entire estimated cost for designing and constructing a recirculation syste m for the open
section of City Ditch between 350 East Cornell and 2750 South Clarkson. Reimbursement for
construction will be made upon completion of the system and submissi on of Englewood's •
standard In-house Work Co~t Sheet. The labor rates shown on the Work Cost Sheet will be
increased by 32 percent to reflect employee benefits . A sum eq ual to 15 percent of total costs
(except for design and construction management) will be added fo r design and constructio n
management. Den ve r shall have the right to review all of Englewood 's documentation
concerning de si gn , construction and cost of the project. En glewood is sole ly responsible for
operation , mainten ance and costs of the Recirculation Sy ste m.
3 .4 Pre vio us Aereements. This Agreement supersedes the Agreement of Feb ruary 6,
1970, and any amendments thereto, as we ll as the 1995 Agreement.
3.5 Co lorado La w. This Agreement shall be construed under Colorado law.
3.6 Inteeration. This Agreement constirutes the entire agreement between the panies.
It superse u~~ an y prior agreements or understandings between the parties .
Successors. Tnr rights of each party to re ce ive deliveries sh all be binding upon
the succe,sor.
3.8 Pavment. Charges to Englewood with res pe ct to tbe High Line Canal for
administration, operation and maintenance expenses incurred during each cale ndar year sbal] be
billed on or before March 1, of the suc ceed ing year and payment shall be due within thirty (30)
days of receipt of billing. •
8
•
•
•
3 .9 Charter Provisions. This Agreement is made under and conformable to provisions
of /vticle X of the Charter of the City and County of Denver and the provisions of the Charter of
the City of Englewood. Insofar as applicable, said Charter pro visions are incorporated herein
and made a part hereof by this reference, and shall supersede any apparen tly conflicting
provisions otherwise contained in this Agreement.
3.10 Term of Agreement. This Agreement shall be perpetual.
3.11 Effective Date . This Agreement shall be effective as of ______ _,
2003.
ATTEST:
Secretary
APPROVED:
Planning Division
APPROVED:
Legal Division
ATTEST:
City Clerk
CITY AND COUNTY OF DENVER
acting by and through its
BOARD OF WATER COMMISSJONERS
By: __ ...,..,. __________ _
President
REGISTERED AND COUNTERSIGNED
Dennis J . Gallagher, Auditor
CITY OF ENGLEWOOD, COLORADO
By : ____________ _
Mayor
9
•
•
•
D,1tc
:--:memb e r I/, ~003
INITl,ITED BY
COU , CIL COMM U 'ICATION
A ge nd,1 ltc m
11 JI
STAFF SOURCE
Subject
Cil\ D it h Highli ne Can .ii
.\greem en t ,, ith D em er
Utili ti es Depart me nt Stew art Fo nda, Di rec tor o i U tilitie s
COUNCI L GOAL AND PREVIOUS COUNCIL ACTION
Council Jpprove d Origi nal Ci t\' Di tch,'Hi 3h Line Canal Agree ment on O ctober 3, 1995.
RECOMMENDED ACTION
Th e Eng lewood \i\late r an d Sewe r Bo ard, at th eir O c to be r 1 ➔, ~00 3 l lll"' .... tin g, recomm en ded Counc il
approval o f th e ~003 City Ditch/Highli ne Ca nal Agreem ent ior th e cl e:,1. v of raw wa te r.
BACKGROUND , ANA LYS IS, AND ALTERNATIVES IDENTIFIED
In 20 0~, th e D enve r Water Departm en t decided l o no t co ntinu e op erating th e City Ditch north of 1-~5
o nce th e TR EX Projec t severed it. Beca use En gle,vo od w ill no lo nger b e d eli \'erin g wa ter to D e nv e r fo r tis e
north of Ha rva rd G ulch , Engl ewood and D enve r have agree d to change the 1995 Agreem ent. Th e City
and Coun ty o f Denve r submi lled a Ci ty Ditch/Highli ne Cana l Ag ree ment to o ntinue fl ws in a po rti on of
th e City Ditch so uth fr mn Harvard G ulch th at would all ow co ntinued conveya nce of water to locati o ns on
th e Ci ty Ditch.
Th is agree me nt w o uld provide access fo r sto rm d rainage in terce pt ed h y th e C ity Di tch and p rovide
aes th etic b en e fit s to th e citi zen s o i En glew o o d . En lew oocl w ill main tain its eas e m ent J nd the right to
in stall , repai r remove o r relo ca te the Ci ty Di tch at an y tim e d ee med nece ssa ry.
FINANC IAL IMPACT
D env r has agree d to rei mburse Englewood tip to S::!57,000 for th e cons tru cti o n o i ~1 p ump·ba c k
reci rcul atio n sv sl em i o r the o p en se c ti o n oi Citv Ditch h etwe n 350 E. C o rn ell Jnd :!;-SQ S. Cla rk so n.
En gle wuod shall pa \ a p ro p orti o nate sh ~.H e o f th e opera ti o n ,rn d maint enan ce e,penses o n th e Hi gh Lin e
d i\ers10 11 to t\\c l ell,:m Resen.o ir. Eng lewood 's share o i th ese costs wil l be b Jse d o n the rati o o f th e \Olum e
o f \\ .1 ter di\ rted ior Engle,, ood at the H igh Lin e dh ers io n cla m , D em er ,, ill pav i ts p ro p o rt ionate :,hare o i
Dem er \\ at e r deli\ ere d to it s users so uth oi H M \ ar d Guk h.
LIST OF ATTACHMENTS
.!003 Cil\ D i tc h, Hi gh Lme Ca nal -\greement
Sill ior O rdin ance