LAKEWOOD, Colo. — Danny from Arvada writes, “What’s driving you crazy? I wanted to see if you could look into something that at times is a traffic issue. Why is there always water in the gutter on Colfax between Reed and Pierce in the eastbound lanes? I noticed this probably 6 or 7 years ago. No matter when, day or night, rain or shine, there is always water flowing in that particular gutter. On warm days, this is a non-issue, but when it is below freezing, it turns the right lane of Colfax into an ice rink. I personally have slid in this spot many times and have seen countless people slide here on cold days. Let's not mention the countless gallons of water that have been wasted over the years. Cruise by sometime, I guarantee the water will be there.”
I did just that, Danny. I drove out to Lakewood in mid-February to look for the water and any ice buildup. The water was right there, flowing from what looked to me, like a crack in the ground on Reed Street right next to a plugged storm drain. I then looked at Google Maps street view images of that spot to see how long this water flow has been a problem. The oldest view I could find goes back to November 2007, and the water was flowing back then from the same place it is today.
I saw a fair amount of water flowing down Reed Street to W. Colfax Avenue where it had congealed into an area of slush and ice that some drivers slipped on when rolling over it. The water, now flowing under a fairly large ice dome, continued down the eastbound side of Colfax down the block towards Pierce where it eventually disappeared into a large storm drain.
I asked the City of Lakewood if they were aware of this Reed Street spring. The water we are seeing is groundwater that is flowing up to the surface from that vacant property on the corner of Reed and Colfax, according to Stacie Oulton with the city.
“The drainage of this groundwater is no different from similar cases that exist across the city from other properties," Oulton said. "The property owner has taken measures to address this flow, but the groundwater has to make its way to the closest inlet for the stormwater drainage system.”
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Unfortunately for drivers trying to avoid the ice and slush buildup, the closest inlet is on eastbound Colfax near Pierce.
“The West Colfax corridor, similar to other areas of Lakewood, were developed before the city existed and has a very limited storm drainage system,” Oulton said. “The city is currently working on a project to improve stormwater drainage in the West Colfax corridor, but we don’t know yet if this project will address this specific case.”
The vacant lot at 6990 West Colfax Avenue at Reed Street has been for sale for many years. It occasionally changed hands, but never to a person or company that seemed interested in developing the property. The property is listed for sale by Weststar Management priced at $350,000. I didn’t read anything in the property description of a water leak or groundwater seepage issue.
I reached out to Lev Cohen at Weststar Commercial who is one of the people listed on the "for sale" sign. I asked what the property owner, listed with the Jefferson County Assessor’s Office as F&M Properties Inc in Texas, has done to address the groundwater flowing into the street. Cohen told me he passed along the message to the owner who never replied with an answer. I called the phone number listed for F&M and left a message that was never returned.
When I crossed the street to get video of the ice and slush, I had a hard time not slipping at that crosswalk. I asked Attorney Robert Manning, co-founder of Manning Herington law firm, if a person crossing the street like me slipped and fell on that ice flow or a driver slid on the ice and got into a crash, who would be liable. He told me, the landowner would hold the brunt of the liability but, as with any conversation with an attorney about liability, the answer always is "it depends."
“Under the Colorado Premises liability act a landowner can be held responsible for injuries resulting from a dangerous condition on their land. In this case, if the water is coming from the private landowner’s property, and if they are aware of the condition and the dangers it is causing, and if they fail to correct or deal with the problem, then they can be liable for any injuries that result from that condition. This is true even if the dangerous condition crosses onto public land. Similar to if a landowner left a diseased tree on their property and it falls and injures someone on a public sidewalk.”
Manning told me governments in Colorado are protected from most lawsuits by the Governmental Immunity Act. However, there are exceptions. One is the failure of a governmental entity to reasonably correct “a dangerous condition of a public highway, road or street.”
“There is an argument here that if the City of Lakewood, or some other city or state entity is responsible for the source of the water then it may fall under this exception," Manning said. "At which point, an attorney would need to prove that this condition was dangerous, that the City had some knowledge or understanding of the problem before it caused injury, and that their behavior and actions were unreasonable. Liability would not be certain against the city of Lakewood but there are solid arguments that an attorney could make.”
The City of Lakewood told me city maintenance crews are aware of the ice and slush situation and will clean out the inlets and outlets, when needed, to prevent standing water as much as possible. Although from the pictures that I have seen from Google Maps street view, and from your eyes Danny over the years, they might need to make more routine visits.
Another potential piece of this puzzle will come down the road as the City of Lakewood has looked at acquiring a small portion of the vacant lot, as well as parts of many other properties, to complete their proposed Colfax Safety Improvements Project. Ordinance O-20-2023 basically says the City of Lakewood will negotiate with landowners along Colfax, from Teller Street to Sheridan Boulevard, to acquire part or all of their properties to facilitate construction plans.
Looking at the Property Interest Exhibit slides presented at the Lakewood City Council meeting dated Monday, Apr. 24, 2023, it appears a small corner of the northwest side of the vacant Reed Street property would be acquired along with a sliver of the north side of the property to accommodate the new sidewalks. It is possible, during the roadway improvements, that the groundwater/drainage issue is resolved.
As far as the ice, when you see it building up, you could report it using the Request Lakewood Drainage Problem page on the Lakewood city webpage or call the Public Works Maintenance Division at 303-987-7950.
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