2020-11-09-minutes-public-works-study-session

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Kittitas County Prosecuting Attorney .QOM 213, .KITTITAS COUNTY COURTHOUSE ELLENSBURG, WASHINGTON 98926 TELEPHONE 509 925-5369 October 28, 1983 JOSEPH PANATTONI Prosecuting Attorney Deputy Prosecuting Attorneys David H. Gorrie Thomas A. Haven N@N#FN CCT 2U 8 1983 Elizabeth McCune, Chairman 13t,_2 Board of County Commissioners ,-VARD0FKrrrffAS 3n Kittitas County Courthouse p�MM! ff�j68S Ellensburg, WA 98926 Re: Corps of Engineers' Dike Near City Wells Dear Mrs. McCune: You have asked me whether or not Kittitas County is liable for maintenance of a dike built at the above location by the Corps of Engineers. I have reviewed the document you have shown me entitled Resolution to Assume Obligations of Local Cooperation, signed March 18, 1969, and I have reviewed the pertinent Federal and State statutes. I can find nothing which places any direct obligation upon the county to repair such a dike. It should be noted, however, that in the Resolution referred to the County does agree to hold the United States free from any claims for damages arising out of the construction of the dike. It is interesting to note that in Title 33 of the United States Code, Section 701(c), which is cited in the Resolution, provides: "no money appropriated under the authority of... this title shall be expended on the construction of any project until States, political subdivisions thereof, or other responsible local agencies have given assur- ances satisfactory to the Secretary of the Army that they will (a) provide without cost to the United States all...easements...;(b) hold and save the United States free from damages due to the construction works; (c) maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of the Army...."