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   (A)   Purpose. The purpose of this Drainage Policy is to delineate responsibilities and set forth standards regarding planning, design, financial responsibility, construction, operation, and maintenance of storm drainage facilities within the Albuquerque Metropolitan Arroyo Flood Control Authority.
   (B)   General. Surface drainage is a characteristic which is a part of the land. Property owners who change the use of land have an inherent responsibility to deal with surface runoff passing through or originating on their land so that other property is not adversely affected by the change in use.
   (C)   Planning.  
      (1)   Preservation of life and protection of property shall be the major considerations in the planning of drainage and flood control systems. Storm drainage management and flood control systems are necessary and should optimize the social, environmental, and economic benefits to the community.
      (2)   Continuing cooperative efforts shall be made to expand community drainage management planning, including provisions for adequate mapping, comprehensive studies, analyses and implementation.
   (D)   Design.  
      (1)   Drainage and flood control systems shall be designed for runoff generated during the 100-year frequency flood. Hydrologic criteria shall be as set forth in the “Master Plan of Drainage, City of Albuquerque, New Mexico and Environs, 1963” prepared by Gordon Herkenhoff and Associates; “Northeast Heights Drainage Management Plan” prepared by Leonard Rice Consulting Water Engineers, Inc.; and “Drainage Management Plan Western Albuquerque Metropolitan Area” prepared by William Matotan and Associates; and any plans adopted subsequent to the enactment of identical resolutions by the city, Bernalillo County, MRGCD and AMAFCA which supersede all or any portion of those plans listed above. Where adequate hydrologic data is unavailable or there is substantial justification for deviation from such data, the analysis and determination of hydrologic and hydraulic criteria shall adhere to professional engineering techniques using the manuals of the American Society of Civil Engineers, other competent manuals, and reports and plans acceptable to the appropriate local official. The approval of the appropriate local official is required on all drainage reports and construction plans and shall comply with current standards and specifications adopted by the local governmental subdivision.
      (2)   Ponding areas, dams, and their appurtenances shall meet requirements of the State Engineer.
   (E)   Financial responsibilities and construction.  
      (1)   When public or private requirements necessitate the development of storm drainage facilities, all drainage easements required to implement approved drainage plans for preservation or modification of arroyos shall be granted to public authority by the owner without compensation; provided, however, that in those instances where requirements relating to such drainage easements exceed existing 100-year flood boundaries or where such drainage easements will not be compatible with existing development, the owner shall only grant to the public authority such drainage easements as are necessary to meet existing 100-year flood boundaries or to be compatible with existing development, whichever is applicable.
      (2)   Costs of providing crossing structures for arterials and collectors shall be paid for by public authority.
      (3)   For reaches in an arroyo where flows are under 2,000 CFS from a 100-year storm, including reaches where flows have been or hereafter are reduced below 2,000 CFS by upstream facilities, the landowner shall pay the entire cost of design and construction of arroyo modification or alteration. Design and construction will be performed in compliance with drainage plan standards of public authority.
      (4)   For reaches in an arroyo where flows are over 2,000 CFS from a 100-year storm, and development has not infringed upon 100-year flood boundaries, the entire cost of design and construction of arroyo modification, alteration or preservation shall be paid for by public authority. In these instances where the landowner desires modification or alteration of such a reach with the result that development would be allowed within the master planned 100-year flood boundaries, the cost of such modification or alteration including entrance and exit structures, shall be paid for by the owner. In those instances where infringement occurred and drainage facility easement requirements were established and complied with prior to the adoption of AMAFCA Resolution 1972-2, arroyo improvement to meet the 100-year frequency standard shall be paid for by public authority, subject to available funds. In those instances where development is to commence in advance of scheduled arroyo improvement by public authority, and an interim solution is available, the cost of implementing such interim solution shall be paid for by the owner.
   (F)   Maintenance and operation.  
      (1)   A particular property may be taxed to provide revenues for one or more agencies performing similar or identical functions; therefore maintenance and operation responsibilities must be defined in order to provide maximum benefits to the taxpayer.
      (2)   Annexation causes changes in boundaries, and the responsibility for drainage and flood control facilities can shift from one jurisdiction to another. Maintenance and operation responsibilities shall shift as jurisdiction changes except as otherwise designated in this policy.
      (3)   The Middle Rio Grande Conservancy District (MRGCD) and agencies of the Federal Government have primary responsibilities associated with the Rio Grande, major irrigation facilities, and ground water drainage systems. Since the Rio Grande is higher than much of the valley through which it passes, appropriate valley drains shall be utilized to serve the surface drainage function that the undiked river would provide. All agencies shall financially assist in upgrading the drains to serve the drainage and flood control function in conjunction with their normal use. Under the terms of negotiated agreement, routine maintenance of MRGCD facilities would continue to be the responsibility of the MRGCD.
      (4)   AMAFCA shall have the maintenance responsibility for the North and South Diversion Channels and other facilities constructed using AMAFCA funds.
      (5)   The city of Albuquerque and/or Bernalillo County within the area of their governmental jurisdiction shall have maintenance and operation responsibilities for drainage and flood control facilities within their geographic boundaries that are not otherwise assigned in this statement.
(Res. 59-1976, approved 4-15-76)