2/13/2013
1
February 11, 2013Kenneth Wright, P.E.
Wright Water Engineers, Inc.Denver, Colorado
Introduction
Intersection of Civil Engineering and Appraisals
Water Rights
Wetlands
Floodplains
Drainage
Expansive Soils
2/13/2013
2
Water Rights
Water Rights are real property, like land
2/13/2013
3
Water Rights Systems
Riparian
Regulated Riparian
Appropriation Doctrine
Colorado Water Rights
Right to use water
Right acquired by appropriation
Appropriation is act of diverting and applying beneficial use
Priority is the superiority of the right over all other rights that are later when there is not enough water
2/13/2013
4
Climate
Colorado is in the arid west
Evaporation more than rainfall
Lawn grass needs 27 inches
Rainfall only 15 inches
Irrigation needed in Colorado
1 -foot
1 Acre
Water UnitsDepiction of One Acre Foot (AF)
1 AF = 325,850 gallons1 cubic foot per second (cfs) for 1 day = 1.98 AF1 cfs = 449 gallons per minute (gpm)
There are “dos” and “don’ts” for calculating
2/13/2013
5
Competition for Limited Water
Government administration to avoid conflict
A fair and flexible system needed
A practical system
Reliability important
The appropriation doctrine was the answer! ―
Compatible with economic development
Fair: first in time, first in right
Flexible: can move from one area to another
Practical: can be measured and administered
Reliable: relative term; dependent on precipitation and stream flow
2/13/2013
6
The appropriation doctrine provided reliability to the first people on the scene; they could make an investment without worry about having to share
2/13/2013
7
2/13/2013
8
Groundwater
A permit required
Well drillers and pump installers are licensed
Tributary Groundwater
Connected to a surface stream
Pumping well takes water from surface stream
Subject to a “water call” unless well is an exempt residential
Exceptions: Rio Grande basin
2/13/2013
9
Exempt/Small Capacity Wells
Household use only
Domestic (often includes outside uses)
Livestock
Commercial
Existing unregistered
Monitoring and observation
Exempt/Small Capacity Wells
Not administered within priority system
Most limited to 15 gallons per minute
Uses limited by statute
Most require return flow (septic system)
Presumption of no injury
2/13/2013
10
Source: Groundwater and Wells, (2nd Ed.) Johnson Filtration Systems, Inc.
NontributaryGroundwater
Little or no connection to surface streams
Volume of water limited by overlying land area
100 year rule
200 year rule
300 year rule
Basis of water sales?
100, 200, 300?
2/13/2013
11
2/13/2013
12
The 100-year Rule
Theoretical 100-year aquifer life
Thickness
Water content percentage
Overlying land
Compute volume of water and divide by 100
However, cannot get all water out
2/13/2013
13
Appropriation Doctrine
How to acquire
Put to beneficial use
Physical implementation of intent
Drive a stake in the ground
Start diverting and use it
First in Time, First in Right
Chronological order
No waste
Use it or lose it
2/13/2013
14
Water right is a vested property right (real property, like land)
Can be bought and sold
It can be moved
Water is owned by the public
Water right gives right of use of the water particles but not the ownership
2/13/2013
15
Beneficial Use is a Requirement
Encourages economic development
Take only what can be used
Waste is not allowed
2/13/2013
16
Domestic Exempt
Commercial Exempt
2/13/2013
17
Determination of Water Right
Water Court process
Quantification
Volume—diversion vs. consumptive use
Seniority reliability
Regulation and Administration
7 water divisions
Each with division engineer
Many water districts For instance, Division 1 has 16 districts
Most districts have a water commissioner, some with assistants
Water commissioner duties Regulates diversions
Regulate storage
Keeps records
Determines who can take water
2/13/2013
18
2/13/2013
19
Changed Conditions of Use
Change of use
Change in time of diversion
Change in place of use
Process in water court
Changed Conditions of Use
Common measure of water right value Historical Use Non-injury to other water rights Maintain return flowWhat is burden on stream?
2/13/2013
20
Loss of Water Right
Use it or lose it
Abandonment list
Nurturing of water right
Types of Ownership
Private
Mutual ditch company
Common carriers
Contract rights
Reclamation
CBT
2/13/2013
21
Hydrofracking
2/13/2013
22
2/13/2013
23
Wetlands and Other Waters of the U.S.
Section 404 of the Clean Water Act
Regulates most activities which impact wetlands and other waters of the U.S.
Army Corps of Engineers and Environmental Protection Agency are tasked with administering Section 404.
Fundamental questions:
(1) Does a property contain wetlands or other waters of the U.S.?
(2) How much effort ($) is required to permit impacts associated with the highest and best use of a property?
2/13/2013
24
Does a Property Contain Wetlands or Other Waters of the U.S.?
Waters of the U.S. are defined in U.S. Supreme Court cases (Rapanos v. U.S. and Solid Waste Agency of Northern Cook County v. U.S.)
Guidance on these definitions is provided in 2008 USACE and EPA Memorandum
Project proponents delineate wetlands and other potential waters of the U.S.; USACE determines if they fall under the jurisdiction of Section 404 of the Clean Water Act
Does a Property Contain Wetlands or Other Waters of the U.S.? (cont’d)
USACE asserts jurisdiction over the following features: Navigable Rivers
Navigable Lakes
Harbors
USACE may assert jurisdiction over the following features on a case by case basis: Streams
Ponds
Creeks
Ditches
Wetlands (both marshes and wet meadows)
2/13/2013
25
What is Process to Obtain Permit?
Depends on extent of wetlands and other waters of the U.S. and the expected activity
Small impacts (less than ½ acre) typically conform to the USACE’s Nationwide Permits (NWP) NWP 14: Linear
Transportation Projects
NWP 29: Residential Developments
NWP 39: Commercial and Institutional Developments
What is Process to Obtain Permit? Projects which impact
more than ½ acre of wetland or other water of the U.S. typically require an Individual Permit
Some projects may qualify for a listed exemption Some normal farming
activities
Repair or replacement of existing structures
2/13/2013
26
Non-Federal Wetland Regulations Some counties and
municipalities have additional regulations which go beyond Section 404 of the Clean Water Act
For example:
City of Boulder
City of Silverthorne
Rio Blanco County
Case Examples
2/13/2013
27
2/13/2013
28
FEMA Floodplains & Floodways
2/13/2013
29
Flood Insurance Rate Maps (FIRMs)
Many FIRMS Show…
2/13/2013
30
You can likely build
here
You cannot build here
You can likely build
here
If one wants to procure a loan for property within the shaded area, flood insurance will be required
2/13/2013
31
What Is Flood Insurance?
Standard homeowners insurance does not cover flooding
The National Flood Insurance Program (NFIP) offers flood insurance to property owners as a means of financial protection against flooding
In order to buy flood insurance, the community within which one lives must participate in the NFIP
Big Thompson Flood, 1976
2/13/2013
32
2/13/2013
33
FEMA AE Zones
Determined by detailed engineering methods
Flood elevations and floodways established
New buildings in AE zones must have a Finished Floor Elevation (FFE) at least 1 foot above the 100-year water surface elevation
FEMA AE Zone
Flood Elevations
Floodway
2/13/2013
34
FEMA A Zones
Determined by approximate engineering methods
Flood elevations and floodways not established
Be Aware: Property outside of, but in proximity of an A Zone 100-year flood boundary could be mapped within the 100-year flood boundary if a detailed analysis is conducted
As Such: A property currently within an A Zone 100-year flood boundary may be found outside of the 100-year flood boundary if a detailed study is conducted
FEMA A Zone
No Flood Elevations
No Floodway
Zone A
Property here may or may not be in the 100-year floodplain given the results of a detailed engineering study
2/13/2013
35
Drainage
Urban Drainage and Flood Control District
(UDFCD)
2/13/2013
36
Drainage Manual 1969
2/13/2013
37
Drainage Manual 2010
District Impact on Development
Uniform procedures and drainage management
Order out of chaos at local government level
Highly respected agency
Consistent drainage and flood control policy throughout five-county area
2/13/2013
38
Residential Drainage Criteria
Uniform Building Code
Published every three years
Three volumes
Local governments would adopt by resolution
International Residential Code
International code council
Consultants available by telephone
2/13/2013
39
Slope Away From Foundations
5% slope away for 10 feet
Then, overall slope of 2% to gutter
Ground Surface to Top Foundation
Drawing by Ken or Pat
Kurt to draft?
2/13/2013
40
Deficiency Consequences
Damage to foundation
Damage to basement slabs
Settlement of fill
2/13/2013
41
2/13/2013
42
2/13/2013
43
Natural Hazards
2/13/2013
44
Front Range problem
Routine construction defect claims from Greeley to Colorado Springs
Expansive Soils
What is Expansive Soil?
Legal definition
H.B. 1041, 106-7-106 (6): "Expansive soil and rock" means soil and rock which contains clay and which expands to a significant degree upon wetting and shrinks upon drying.
—Colorado Geological Survey
2/13/2013
45
Water
Water is the enemy of good foundations
Good drainage is a friend of good foundations
Residential Damage
Foundations Slabs
2/13/2013
46
Typical Heaving Soil Damage
Cracked foundation walls
Uneven floors
Cracked drywall
Stuck doors
Basement slab heaving
Driveway heaving
Separated porches
Garage slab heaving
Exterior brick wall cracks
2/13/2013
47
2/13/2013
48
Treated sub-soils
Structural floor/crawl space
Homebuilder Efforts to Avoid Effects of Heaving Soils
2/13/2013
49
2/13/2013
50
