The purpose of this section is to reduce exposure of the public's investment in utilities, streets, ditches, and greenbelt areas from damage or long term deterioration due to improper consideration of drainage damage potential. Plans and reports prepared for the District shall be sufficiently broad to consider the drainage basin as a whole and shall consider not only runoff from the development area but also, where applicable, runoff from those areas adjacent to and upstream from the development. In addition, the effect of runoff on ditches and properties downstream shall be considered.

Persons constructing drainage systems, including ditches within the District, must conform to Summit County specifications for the design of drainage systems, materials and construction specifications to be used in the installation of these systems.

Prior to the construction of any development within the District or alterations to any existing drainage systems or ditches, the District may require the completion of a drainage analysis. The drainage analysis shall include, at a minimum, analysis of the impact of the proposed development or change in drainage systems or ditches on existing drainage patterns or flows, runoff rates, quantity of runoff, impacts on upstream and downstream properties, impacts on the District's facilities, erosion or other impacts on ditches, and any other information that may be relevant to determining the advisability of the completion of the drainage improvements or development.

If required, a drainage analysis shall be submitted to the District for review and approval by the District Engineer. All drainage analysis shall bear the seal and signature of a registered professional engineer licensed to practice in the State of Colorado and the signature of the Contractor, User, Customer or Developer responsible for the specified property and proposed improvements. Any alteration of the approved drainage analysis or plan shall be done with the concurrence of the engineer who sealed the documents and the District. Approval of such drainage analysis and reports by the District shall in no way relieve the engineer whose seal is found on the drainage analysis from responsibility for errors or omissions.

Drainage improvements shall conform to Summit County standards. All grading and regrading that may, in the opinion of the District, affect drainage (including discharge into roadside ditches and the creation of berms and other barriers) shall be conducted in accordance with a grading permit issued by Summit County, the specific criteria set forth in these Rules and Regulations, and shall be subject to the District’s prior approval. No person shall fill, construct, place, plant, remove or replace any temporary or permanent improvement, structure, building or deep rooted shrub, plant or tree, in, on or under any part of any drainage easement without the prior written approval of the District which the District may in its sole discretion grant or deny.

If the District is to accept the improvements, to the extent practical drainage improvements shall be installed in easements granted to the District. No underground drainage improvements shall be placed in the same ditch as a water Main or Service Line. All water Main or Service Lines must be ten (10) feet horizontally from any underground drainage line.

a.   Conveyance After Completion:  Those who have completed construction of drainage improvements shall, before those improvements are accepted by the District, deed and/or convey by bill of sale in a form acceptable to the District, those improvements, easements, and all appurtenances to the District free and clear of all liens and encumbrances.

b.   Conveyance of Easements:  Prior to the acceptance of drainage improvements by the District, all easements necessarily accompanying those improvements shall be duly recorded or provided for at the Constructor's expense.

c.   As-Built Drawings:  Prior to the District's acceptance of the drainage improvements, reproducible as-built drawings shall be provided by the Constructor or reasonable provision shall be made for the provision of such drawings.

Drainage improvement agreements entered into by the District shall include provisions whereby the Developer shall indemnify the District against all losses associated with or caused by the drainage improvements, including but not limited to ponds or other bodies of water or streams, during construction and during the warranty period and, in addition and at any time, losses caused by defects in design, materials, or workmanship in the drainage facilities. “Losses” as used herein shall be liberally construed to include all damages that may be suffered by public or private persons or entities, and shall include, but not be limited to, losses of District property, and the costs of attorneys' fees, court costs, and judgments against the District, including the costs incurred in defense of the District. The District may require a bond or evidence of insurance commensurate with the risk involved with a particular drainage improvement.

Each property owner shall be responsible for maintaining drainage lines, ditches, culverts, ways or appurtenances serving his property. Leaks, stoppage, or breaks shall be repaired by the property owner within a reasonable period of time, after notification of such condition and such time period by the District. The District shall have the right to effect the repair and collect costs from the property owner, which costs shall be a charge of the District and be enforceable by a perpetual lien against the property to secure such costs.

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any portion of the District's drainage system.

In the event any person shall violate the provisions of this Section, the District may take all necessary steps to insure that said person shall be subject to criminal prosecution to the fullest extent of Colorado law, and upon conviction thereof, shall be fined in an amount as established by law for such violation. The District may, in addition, bring a civil action for trespass, conversion, destruction of property, and punitive damages.