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CITY OF EUGENE /6 - /- // <br /> • <br /> INTER- DEPARTMENTAL MEMORANDUM <br /> CITY ATTORNEY — CIVIL DEPARTMENT o A <br /> s1 ,141 <br /> To: Date: <br /> Bert Teitzel f July 1, 1986 / ,( <br /> Publi Works <br /> Subject: West Amazon Channel Floodplain Problems <br /> As I understand the facts, back in the 1950's a special <br /> drainage district was created to improve the southwest area <br /> drainage system by constructing certain improvements on the West <br /> Amazon Channel to accommodate a 100 year flood. Federal funds <br /> were used to improve the channel, which was transferred to the <br /> City in the early 1970's when the district was dissolved. When <br /> the City accepted the channel improvements it assumed the main- <br /> tenance responsibility. Since that time, development in the <br /> South Eugene area has substantially increased the amount of <br /> runoff into the Channel to the point where as presently main- <br /> tained the Channel may possibly only accommodate a 30 year flood. <br /> The present flood potential problem might further worsen in the <br /> event of further building and development in the South Hills as <br /> envisioned by the area's comprehensive plan. <br /> The question arises as to the City's responsibility to act <br /> to avoid the potential flood problem, and its potential liability <br /> if it fails to act and a flood occurs. There are several <br /> possible alternatives for the City: (1) to do nothing; (2) to <br /> improve the West Amazon Channel to the point where it could <br /> accommodate a foreseeable flood; (3) restrict development in the <br /> Southwest Eugene area to avoid exacerbating the flood potential; <br /> or (4) restrict development in that area of the West Amazon <br /> Chanel th Eugene l development. susceptible solution,nofacoursec, further <br /> may lie in <br /> Southwest <br /> a combination of these alternatives. <br /> 1. City's Liability for Failure to Act. The Oregon <br /> Supreme Court has ruled that a city may be held liable for <br /> failure to maintain adequately a drainage system of its construc- <br /> tion where the default resulted in flooding damage g1tora1property <br /> owner. In the case of Levene v. City of <br /> (1951), the Court held: <br /> "A municipality is liable in damages if it <br /> collects diffused surface waters into a drain, <br /> and, through such drain, empties them, either <br /> immediately or by force gr av i tat i o n, upon a <br /> person's land. It is quite <br />