To: Board of County Commissioners
Through: Gini Pingenot, Director, Open Spaces
Prepared By:
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Michele Frishman, Grants & Acquisitions Manager, Open Spaces
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Subject:
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Denver Water IGA for High Line Canal
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Purpose and Request:
recommended action
For purposes of the County’s pending acquisition of portions of the High Line Canal, staff requests the Board of County Commissioners’ (BOCC) adoption of a resolution approving the proposed intergovernmental agreement (IGA) with Denver Water in the form attached and granting signing authority for the IGA to Margina Pingenot, Open Spaces Director. Staff presented this item to the BOCC in study session on May 20, 2024.
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Background and Discussion: Arapahoe County is working with Denver Water and the High Line Canal Conservancy (Conservancy) to take ownership of 45 miles of the 71-mile canal corridor including sections in Arapahoe, Denver, and Adams Counties. As part of its conveyance, Denver Water will reserve the right to continue to use the canal for water works purposes, and it will protect the property’s conservation values through a conservation easement granted to the Conservancy. During the transition period through December 31, 2026, Denver Water will perform certain maintenance work to elevate the condition of the property, and Arapahoe County will begin to take over property management responsibilities from Denver Water. Closing on the acquisition is scheduled for June 13, 2024.
One of the items required to be completed before closing is an IGA with Denver Water that will govern each party’s responsibilities pertaining to use and maintenance of the High Line Canal property acquired by the County. The IGA addresses a variety of responsibilities of the parties. It commits Denver Water to fund and complete typical maintenance on the property up to $1,017,900 during the transition period. This includes work such as noxious weed mitigation, mowing, mosquito treatments, and trash pickup. Denver Water will complete additional natural resource restoration to improve the condition of the property, which will be funded by the Stewardship Fund maintained by the Conservancy.
The IGA also requires additional assistance from Denver Water during the transition period, such as administering requests by third parties for new and modified encumbrances, advising the County on past management practices and procedures, and remaining available for consultation on a variety of matters.
Furthermore, the IGA requires coordination with the County when Denver Water uses the property for water works purposes, when it no longer needs existing canal facilities, and when third parties propose new installations.
Finally, under the IGA, Denver Water must repair any damage it causes to the property and third-party improvements, and it must indemnify Arapahoe County, to the extent permitted by law, against claims for personal injury, death, or damage to property or improvements that result exclusively from water works purposes. Denver Water also must hold the County harmless for any damage or impacts to water works purposes exclusively caused by an Arapahoe County use of the property to which Denver Water has agreed, a third party’s use of the property that is authorized by Arapahoe County and Denver Water, and a third party’s unauthorized use of the property.
Alternatives: The Denver Water IGA is required to be completed before Denver Water conveys portions of the High Line Canal to Arapahoe County. If the BOCC elects not to approve the IGA, the High Line Canal acquisition cannot proceed.
Fiscal Impact: None.
Alignment with Strategic Plan:
☒Be fiscally sustainable
☐Provide essential and mandated service
☒Be community focused
Concurrence: N/A
Resolution: Attached is a copy of the draft resolution.