ction 1. That for the purpose of paying end
redeem-ing :..:137,000 of vo.lid outstandredeem-ing 'Dabentures of said District,
said District oh11 issue its iefunding Bonds in the principal
aux of *137,000, dated the ist dny of January,
194P,
bear-ing interest at thr! rat(3 of 3:12 per annum, payable send-annually
on th.e 1st day of Xanunr7 and the 1st &!.1/ of Ju17 in each year,
evidenced by interast coupons to be attached to said bonds,
principal end interelt being payable at Thc :lerver Wational TInnk,
In Llanver, 3o1ortildo.
aii bonlil shall be sicnol by the President,
count!3rnA by tti. 7)istriot Treasurer, attltA by the
Secre-tary of the nonr1 ,:)A7 Aractorz of null District, ani the seoll of
the District 1p1.1 ba affixed thereto. cioupons shall be signai
wit th ffIcsimila signature of the TreFisurer.
bona shall
be
mbered 1 to 137, inclusive, shell be in the denomination of
”.,0(j) each and
ha11 mature on tin first thy of :anuury, In the
years hereinnfter provided, to-wit: :*.4,000 in the year 1949;
15 0000 in each of the yzmrs 1950 to 1V55, inclusive; 16,000 in
each of the years 1956 to 1959, incluoive; l!t7,000 in each of the
years 1980 to 1053, incluzAve;
A,000 in each o!' the ylars 1984
to 1966, inclusive; and 39,00 in m.ch of the years 1967 to 1969,
Inclusive. i.lonas baturing in the years 1959 and thereefter ghe11
be redeemable at the option of tha Aritrict on January 1, 1958,
and on any interest psyment dste thereqfter.
Section 2. 3oil refundin.g bon15 Find the interest
cou-pons to be attached thereto shIll be in substantially the
follow-ing form:
Draft 9-21-77
Draft 10-14-7
DISTRICT - MVIC CONTRACT DOLORES PROJECT, COLORADO
Draft 9-16-77 Revisions Page 2 Page 1 Lines 16-17 Page 2
This WHEREAS clause has been added
The following changes have been made in the water rights tabulation.
Main Canal No. 1 and 2, 592.3 and 100.0 cfs: the type of use has been revised.
Dawson Draw Reservoir: the quantity has been rev:3ed from 37,380.51 AF.
Beaver Reservoir and Beaver Ditch: the quantity has been revised from 16,210 AF
Article 1 Page 3
Article entitled "General Definitions" has been added
Article 1 Article 1 Definition of irrigation season has been put page 3
liI e 16-17
page 3 line 23-24
in "General Definitions" article
ticle 1 Article 1 The last sentence of the nonproject water age 3
ine 18-19
Page 3 Line 18-19
definition has been revised
Article 3 Pages 6 & 7
Article on nts of Delivery, Measurement and Use of Project Water" has been added
rticle 3(a) Article 3(a) Operation, maintenance and replacement of measuring age 6 Page 6 equipment on project works will be done by the ine 18-21 Line 18-20 District. The Company will only be responsible
for measuring equipment within the Company system. Article 2 Article 4 The description of the amount of project water to Page 5 Page 7 be sold to the Company has been modified.
Lines 19-21 Lines 7-12
Article 2 Article 4 This sentence has been rephrased to clarify the
Page 6 Page 8 meaning.
Lines 15-17 Lines 9-11
Article 4(a) Article 6(a) Statement regarding computation of Company's Page 7 Page 9 Operation, Maintenance, and Replacement payments
A A Draft 9-21-77 Draft 10-14-77 DISTRICT - MV1C CONTRACT DOLORES PROJECT, COLORADO
(Continued) Draft 9-16-77 Revisions Article 4(b) Pages 7-8 Article 11 Page 11 Article 6 (b) Pages 9-10 Article 13 Page 12
This subarticle has been reworded to exclude the connotation that the Company would receive
project benefits for nonproject water
The Article has been completed changed, and provides that the Company agrees to deliver project water in accordance with requirements in the Government-District Contract regarding excess lands.
Article 13 Article 15 Reference to Article 4(1) has been added. Page 12 Page 13,
Line 17
Article 13 Article 15 Further explanation of fish and wildlife releases Page 12 Page 13 has been added.
Lines 24-25 Lines 21-26
Article 13 Article 15(b) The last sentence of old Article 13 has become Page 12-13 Page 0 14 Article 15 (b).
Article 14 Article 16 The commingling Article has been replaced with the new Article 16, The dates and Solicitor's opinions will be furnished as soon as they are available.
ticle 16(a) Article I6(a) The second solicitor's decision has not been ge 14 Page 14 received, and there may be other changes when
it is received. ticle 16(b)
ge 14
Article 16(b) Page 14
Reference to Article 3(b) has been added. ne 19
DOLORES WATER CONSERVANCY DISTRICT STATE OF COLORADO
*UNITED STATES OF AMERICA
RESOLUTION
WHEREAS, the Dolores Water Conservancy District
is about to enter into a contract with the Montezuma
Valley Irrigation Company for adjustment of water
rights
and sale of the use of irrigation water of t-e
Dolores
Project under the Colorado River Storage Project Act
of
September 30, 3968 (82 Stat. 996), subject to the
approval of the United States, and
WHEREAS, the Board of Directors of The Dolores
Water Conservancy District has aoproved, as to form,
and
by these presents does approve The proposed contract
as
TO form as attached hereto, and
WHEREAS, the Board of Directors of the Montezuma
Valley Irrigation Company has approved, as to form,
and
by these presents does approve the proposed contract
as.
to form as attached hereto,
NOW THEREFORE, BE IT RESOLVED by the Board of
Directors of the Dolores Water Conservancy District
and
the Board of Directors of the Montezuma Valley Irrigation
Company that the proposed contract between the Montezuma
Valley irrigation Company and said Dolores Water
Conserv-ancy District, containing 15 pages, as attached
hereto,
be approved as to form, and the President and the
Secretary
attesting thereto of the Dolores Water Conservancy
District
and of the Montezuma Valley irrigation Company are
author-ized TO execute The above Resolution, subject to the
approval of the United States.
PASSED AND APPROVED by The Board of Directors
of
„
of Directors of the Montezuma Valley irrigation Company this 21st day of October, 1976.
•
ATTEST:
Secretary
DOLORES WATER CONSERVANCY DISTRICT
7_. president
MONTEZUMA VALLEY IRRIGATION COMPANY
By • • / ' ATTEST: YT; Secretary -2-President
SPEAKERS STAND 1. Governor Richard D. Lamm
2. Senator Floyd K. Haskell
3. Tribal Vice Chairman Henry Jacket 4. Congressman Wayne N. Aspinall 5. Congressman Frank E. Evans 6. Senator Gary Hart
7. Commissioner R. Keith Higginson 8. Mayor Halworth Tanner of Cortez 9. Mayor V. T. Boyd of Dolores
10. Mayor Lloyd Knuckles of Dove Creek
11. President Bruce McAfee, Dolores Water Conservancy District
12. Vice President Dr. David Herrick, Dolores Water Conservancy District 13. Secretary-Treasurer, Edgar Gilliland, D. W. C. D.
14. Paul Fury - D. W. C. D. 15. T. A- Weed - D. W. C. D 16. W. T. Butler - D. 'W% C. D. 17. Wayne Rogers - D. W. C. D. 18. Aryol Brumley - D. W. C. D.
19. Jack Vinger, Past and first President of D. W. C. D. 20. Jack Kinkade, Past President of D. W. C. D.
21. Chairman Leonard Burch-Southern Ute Tribe of Ute Indians
22. Walter Ertel - President of Montezuma Valley Irrigation Company 23. James Barrett
24. Ival Goslin - Upper Colorado Fiver Commission 25. John Vanderhoof - Former Governor of Colorado
26. Merritt Youngdeer - Regional Director, Bureau of Indian Affairs 27. Major General William D. Weller
28. Robert W. Radcliffe - Project Engineer
29. David L. Crandall - U. S. Bureau of Reclamation (Regional Director) 70. Felix Sparks - Director of Colorado Conservation Water Board
31- Frederick V. Kroeger - Vice Chairman, Colorado Conservation Water Board V- Harris Sherman - Director of the Department of Natural Resources
33. Colorado Senator Dan Noble
34. Colorado Representative Robert De Neir 35. Colorado Representative Walter Waldow
36. Judge Willard W. Rusk, Jr. - District Judge for Montezuma County ( 1 )
(CONTINUED) PAGE TWO
37.
40. 41.
Judge William E. Eakes, District Judge for La Plata County JirlgeGeorge Armstrong, County Judge for Montezuma County
Senator Gordon A1lott
Benjamin F. Stapleton, Chairman, Colorado Water Conservation Board Dale Andrus, State Director, Bureau of Land Management
Craig Rupp, Regional Director of Forest Service
Buck Twilley, Chairman of County Commissioners, Dolores County Curtis Bonaker, Chairman of County Commissioners, Miontezuma County Senator Charles T. Porter, Member of Board
DbLORES WATER CONSERVANCY DISTRICT STATE OF COLORADO
'UNITED STATES OF AMERICA
RESOLUTION
WHEREAS, the 'Dolores Water Conservancy District
is about to enter into a repayment contract with the United States of Amkrica for the operation of the
Dolores Project under the Colorado River Storage Project
Act of September 30, 1968 (82 Stat. 996) to be built by
the Bureau of Reclamation of the Department of the
interior of the United States for the storage, diversion, salvage and distribution of water of the Dolores River
fc , municipal and industrial use and irrigation water
for deficient areas, flood control, recreation
opportuni-ties, conservation and development of fish and wildlife resources and other purposes, and
WHEREAS, the Board of Directors of the Dolores
Water Conservancy District has ap7)roved, as 70 form, and
D y these presents does approve the proposed contract as
to form as attached hereto,
NOW THEREFORE, BE IT RESOLVED by the Board of
Directors of the Dolores Water Conservancy District that
the proposed repayment contract between the United States
of America and said District, containing Si pages as
attached hereto, be approved as to form, and the President
of the District and the Secretary attesting thereto are
authorized to execute the above Resolution,
PASSED AND APPROVED this 21st day of October, 1976.
DOLORES WATER CONSERVANCY DISTRICT
By ATTESTS r /Ng /PI •••1 f a secretary
)
9
Preslcent •GROUNDBREA' KING PROGRAM and
STATE WATER BOARD PEETING September 23 and 24, 1977
CORTEZ, COLORADO September 23:
Water Board Meeting 9:00 o'clock A. M. Drought Tbur in Afternoon
Evening: Social Mixer from 6:30 P. M. - 7:30 P. M., Ramada Inn, Dinner on own.
Hors d'oeuvre
September 24:
1. District reserve 30 Rooms in name of Board, Thursday and Friday nights. 2. District arrange for transportation for
Drought Thur.
a. Plane Arrivals
b. Use Regular School Bus GROUNDBREAKING CEREMONY
Program will start at 10:00 A. M., Great Cut Dam Site.
10:00 A. M. to 10:30 A. M,, - Concert by National Guard Band 10:30 A. M., - Star Spangle Banner; American Legion Color Guard
Estimated Attendance 3,000
a. b.
MASTER OF CEREMONIES - DR. DAVID HERRICK INVOCATION
Mayor Halworth Tanner EICOPUNG REMARKS Governor Richard D. Lamm
OPENING REMARKS Senator Floyd K. Haskell
Henry Jacket Vice Chairman
Ute MbuntAin Tribe of Ute Indians c. Short Program by Ute Indian Dance Team d. Congressman Wayne N. Aspinall e. Congressman Frank E. Evans
PRINCIPAL SPEAKER R. Keith HIgginson
Commissioner of the U. S. Bureau of Reclamation 12:00 P. M.
Commissioner Higginson, U. S. Bureau of Reclamation and President Bruce McAfee, Dolores Water Board set off detonation
12:15 P. M.
GROUNDBREAKING PROGRAM and
STAih WATER BOARD MEETING September 23 and 24, 1977
COM= , COLORADO September 23:
WatPr Board Meeting 9:00 o'clock A. M. Drought Tbur in Afternoon
Evening: Social Mixer flum 6:30 P. M. - 7:30 P. M., Ramada Inn, Dinner on own.
Hors d'oeuvre
1. District reserve 30 Roams in name of Board, Thursday and Friday nights. 2. District arrange for transportation for
Drought Tour.
a. Plane Arrivals
b. Use Regular School Bus September 24: GROUNDBREAKING CEREMONY
Program will start at 10:00 A. M., Great Cut Dam Site.
10:00 A. M. to 10:30 A. M., - Concert by National Guard Band 10:30 A. M,, - Star Spangle Banner; American Legion Color Guard
Estimated Attendance 3,000
MASTER OF CEREMONIES - DR. DAVID HERRICK INVOCATION
Mayor Halworth Tanner EIEOMING REMARKS Governor Richard D. Lamm
OPENING REMARKS a. Senator Floyd K. Haskell
b. Henry Jacket
Vice Chairman
Ute Mountain Tribe of Ute Indians c. Short Program by Ute Indian Dance Team d. Congressman Wayne N. Aspinall e. Congressman Frank E. Evans
PRINCIPAL SPEAKER R. Keith HIgginson
Commissioner of the U. S. Bureau of Reclamation 12:00 P. M.
Commissioner Higginson, U. S. Bureau of Reclamation and President Bruce McAfee, Dolores Water Board set off detonation
12:15 P. M. FREE BARBECUE
BY - LAWS of
THE MONTEZUMA VALLEY IRRIGATION COMPANY
*X<*********
ARTICLE I Corporate Namo
The corporate name of the corporation shall be,
as stated in the Certificate of Incorporation, THE MONTEZUMA VALLEY IRRIGATION
COMPANY. ARTICLE II
Objects
The objects for which our said corporation is
formed and incorporated are, as stated in the Certificate of Incorporation:
I. To take over and accept, in accordance with the
provisions of the decree of the District Court of the County of
Montezuma and State of Colorado, heretofore and on, to-wit, the 21st day of September,
A.D.1920, duly entered in a proceeding in said Court then pending entitled,
In the Matter of the Petition to Dissolve the Montezuma Valley Irrigation District,"
and thereafter to repair,improve, use, operate, control, manage and maintain the
irrigation system of The Montezuma Valley Irrigation District, uhich said district was
by the provisions of said decree duly dissolved, and which said decree did provide
for the transfer and conveyance to this company upon its incorporation of the entire
physical irrigation system of said district, including all dams, reservoirs, canals,
rights of way, priorities, franchises, privileges and other property of
any kind or nature used in the operation of said system, and also for the transfer to this
company of all contracts covering perpetual water rights which constituted a liability
of said district, and other contracts pertaining to the furnishing of water
for which said district was liable, to be assumed by this company, and likewise
for the transfer of all notes and contracts in connection therewith still held by
said district and executed prior to the rendition of said decree, and for the transfer
and delivery to the proper officer of this company of all moneys constituting the
General or Maintenance fund of said district, and which said decree did further provide that upon the
consummation thereof, all owners of lands holding perpetual
water rights, and all heldors of contracts for the use of said water with said irrigation
district, directly or as assignee, shall be entitled to shares of the capital
stock of this company on the basis of one share for each acre of land so owned
by them and theretofore subject to assessment or contract as aforesaid.
2. To build, construct, purchase, acquire, hold,use,
operate,control, mar.age and maintain ditches, canals, pipe linos, and reservoirs,
for the purpose of carrying, storing and distributing water for
irrigation and domestic purposes,and to acquire, by purchase or otherwise, ditchos, canals, pipe linos or
reservoirs, and ditch, reservoir or irrigation interests, whether represented
by filings, franchises, easemonts, stocks in other corporations or priorities to the use
of water under docreos of court. 3. To distribute and supply water to the stockholders
.of this company, for domestic and irrigation purposes, proportionately
and equitably, according tmrthe available supply of water, in the ratio that each share
of stock in this company h=== bears to the total number of shares issued, and which
is to be distributed to the stock-holders so entitled thereto upon such toms and at such
times and under such conditions as may be hereafter fixed by tho by-laws of this company;
and to others entitled thoroto under contracts entered into with The Montezuma
Valley Irrigation District and assumed ta by this company or because vested with perpetual water
rights, upon such terms and at such timos and under such conditions as such contractual
or vested rights may ontitle them to.
4. This company shall have the power to. borrow money and to executo notes, bonds, mortgages, dobonturos or other evidences
of indobtodness, socuring tho same by mortgage or deed of trufet, as may be desirable
in the premises; and, gonorally. to do and perform any and all things necessary or convenient
in the carrying out of the aforesaid purposes.
ARTICLE III. Officore
.-.)ection 1. The officers of this corporation shall
•
vice-president, second vice-president, a treasurer and a secretary, who shall be elected by the directors at their first mooting following the annual meeting of the stockholders in each year. Such officers shall be selected from the Board of Directors, except the Secretary and Treasurer who need not be members thereof, and shall hold their respective offices for the term of one year or until their successors aro elected and shall qualify, unless they shall resign, be removed or become disqualified. They shall receive such compensation for their services as the Board of Directors may, from time to time, determine.Section 2. Any two of said offices, the duties of which do not conflict, may be hold by one and the same person if the Board of Directors shall so elect.
Section
3.
In case a vacanvy or vacancies shall occur in the Board ofDirectors, or in any of said offices, the same shall be filled for the remainder of the unexpired term by the Directors at any meeting of the Board of Directors.
Section
4.
The Board of Directors may, in case of the absence of any officer, or disability to perform his duties, or for any other reason deemed sufficient by the Board delegate the powers and duties of such officer to any other officer, or to any director, for the time being, provided a majority of the whole Board concur.Section
5.
As amended December 8,1942The Board of Directors shall appoint a superintendent who shall be qualified to manage and superintend the physical operation of the company's system; said superintendent may be hired under contract in writing, the term of which shall not exceed a period of fivo(5) years, and for such salary and remuneration as in the judgment of the Ele.rizdx Board of Directors is necessary and proper. The Beard of Directors may from time to timo, as may be deemed advisable, appoint other officers for thezacapszatikanx corporation, who shall perform such duties as may be assigned them.
ARTICLE IV. Board of Directors.
Section I. Tho Board of Directors shall consist of seven members. It shall be the duty of the Board of Directors to exorcise a general supervision over and management of the affairs of the corporation and to receive and pass upon the reports of the
president, secretary, treasurer and superintendent, to audit all bills and accounts against the corporation and to direct the officers thereof in the general conduct zf zeerbusinoss of the corporation. Said Board may remove any officer for cause as in these by-laws provided and shall have the control of any books, papers or documents of the corporation in the hands of any of its officers.
Section 2. During the first year of the corporate existence of this
corporation, the directors shall be as provided in the Certificate of incorporation. Thereafter thay shall be elected by the stockholders at the regular annual meeting
thereof, or in case of failure to so elect, they may be elected at any special meeting zck which may be called for that purpose, and shall hold their office, unless removed as herein provided, for the term of one year and until their successors are duly elected and qualified, or in case of election at a special meeting of the stockholdDrs, until the next annual meeting or until their successors are duly elected and qualidiedo
Section
3.
No person shall be eligible to the office of director who is not at the time of assuming the duties of such office a stockholder of said corporation, and a transfer by a director of all his stock therein shall operate as a resignation of hez his office and create a vacancy thereof.Section
4.
If any vacancy shall occur in the Board of Directors, such vacancy shall be filled, for the remainder of the unexpired tern, from the stockholders, at the meeting of the Board next following such vacancy. Any director may be removed for cause at any time by a vote of two-thirds in amouAt of all the stock present and voting at any regular or special meeting of the stockholders called for that purpose.ARTICLE V. Duties of Officers.
Section I. DUTIES OF PRESID2NT: It shall be the duty of the president to preside at all meetings of the stockholders and directors of the corporation and to sign all certificates of stock and all papers, deeds, contracts and other instruments of writing authorized by the Board of Directors to be executed. Ho shall sign the minutes of all meetings over which he may preside and shall be ox-officio a member of all standing committees and shall have general supervision over the affairs of the corporation and perform such other duties as may be required of him by law, and those by-laws, and by the Board of Directors, and in general shall perform the duties and functions usually pertaining to and vested in the president of a corporation.
Section 2. DUTIES OF VICE-PRESIDENT. It shall be the duty
of the
111/ Vice-prosident, in case of sickness
or other disability preventing the president
from
performing the duties of his office, to perform
and discharge the duties and functions
pertaining to the office of president, and such other duties
as may be required of him
by the Board of Directors.
Section 3. DUTIES OF SECRETARY AND ASSISTANT SECRETARY.
21=
The secretary shall be ex-officio secretary
of the Board of Directors and of any
standing committee. It shall be the duty
of the secretary to give such notices as are
required of all meetings of the stockholders and
directors of the corporation and to
attend all such meetings and act as the cicrk thereof;
to keep, record and preserve the
minutes of all meetings of the stockholders and
directors in appropriate record and to
sign all such minutes as secretary, and tco
perform like duties for any standing committee
when required; to have custody of the corporate seal, stock
books, certificates and
records of the corporation, and to attest the affixing
of the seal to all certificates
of stock, deeds, contracts and other instruments of writing
executed under the corporate
seal -f the corporation; to have charge of and
preserve all papers and documents of the
cori:ceation not properly belonging to
the custody of the treasurer; to sign, issue and
register all certificates of stock and generally
to pcii-form such duties as usually
pertain to tirZoffice of secretary; and as
well such as may be specifically assigned
and directed by the
Board of Directors.
The
Secretary ei,4all also attend to the filing
of all papers required by law to
be filed. The assistak;
secretary ,
shall, in case of
sickness or other disability of the secretary,
perform the duties of secretary.
Section 4, DUTIES OF TREASURER: The treasurer
shall be the
custodian of the funds of the corporation and
shall disburse the same as shall be ordered
by the Board of Directors, and all securities, valuable
papers and documents connected
with and pertaining to properties and business
of the corporation, which shall be kept
in such depositories and in such manner as
shall be directed by the Board of Directors;
and he shall keep a complete and proper
record and account thereof, and vouchers of all
funds disbursed, all of which shall be accessible
for inspection by the Board of
Directors at any time. Ho shall render to the
Board of Directors, whenever they may
require, an account of all his transactions
and the financial condition of
the
corporation,
and perform such other duties as may be prescribedby the Board of Directors.
He may be required to give a good and sufficient
surety bond, which shall be paid for
by order of the board out the company funds
,in an amount to be fixed by the board, from
time tb time, for the faithful performance
of his duties and accounting for and turning
over all money, property and documents of the corporation
which shall come into his
hands as treasurer.
ARTICLE
V
SECTION 5 As amended April 8,1959.The superintendent shall, under the direction
of the Board of Directors, have
control of the construction, care and management of
the system, and the distribution
of water through the company's ditches and
canals, pipelines or other facilities or
through ditches and pipelines owned by others,
and he may appoint one or more assistants,
subject to the approval of the Board of Directors,
and the superintendent and all
assistants and employees shall receive such
salary as the Eoard of Directors may
determine, and he may, if in his judgment it
is the best interests of the consumers of
water, and he shall, if so directed by vote of the Board of
Directors, alternate or
rotate the distributi n of water among the
consumers upon differant days.
The Superintendent shall also have charge of the
settlement of all disputes
relating to the distribution and delivery of water,
provided that any party to such
dispute may appeal from his decision to the
Board of Directors by filing
a complaint
in
writing with the Secretary, who shall call it tothe attention of the Board of
Directors at its next meeting.
The Superintendent shall in no case deliver water
to any applicant until such xx
applicant shall present to him the secretary's
odor therefor upon a printed blank of
the company, stating the acreage for which
said applicant is entitled to water, and
certifying that all assessments duo for maintanance
or other charges have been paid
to the company. He shall also keep in a book
a list of all such orders, showing the
names of the consumers and the amount of water
furnished upon each order, and original
orders shall be transmitted by him to the Board
of Directors with bmI his annual report.
It shall be
the
duty of tho Superintendentimediately after the close of each
irrigation season, and before the 1st. day
of November of each year, to make and
transmit to the Board of Directors his annual
report in writing, showing the total
amount of water received in the company's ditches
and canals during the irrigation season
and in detail the amount of water delivered,
and to whom, together with the Secretary's
orders therefor. Such report shall also
contain a statement of such repairs to the
xam
company's property as may, in his judment,
be necessary before the next irrigating
season, together with an estimate of the cost
thereof. He shall also report to the
Board of Directors such other information and
recommendations as should properly be
•
•
Section
$
as amended Anril 9,1963The company shall have a lion on all the stock hold by its stockholders to secure
of assessments levied on the stock of such stockholder, together
with all interest;
and the colspany shall also have a lien for all chargos for headgatos,
voire, division boxes
and all other items sold to the stockholder and for such other
items as are directed to be
charged to any stockholder by the Board of Directors, together Idth all costs of collection
whether by sale, suit or otherwise. Any stockholder who fails to pay
any assessment on the
stock or to pay for any headgate, weir, division boxes or other items
sold or properly
charged to said stockholder based on the stock owned by said stockholder or hold by him
or standing in his name on the company books or an installment thereof at the time fixed
for the payment thereof shall pay interest on all delinquent amounts
at the rate of 14
per annum and in case such default shall continue for a period of five(5)
calendor months,
the secretary shall report the same to the Board, and after the demand
made upon said
stockholder as by the by-laws provided, the Board of Directors may
order a sale to the
highest bidder at public venue of said stock or such portion thereof,
as may be necessary
to pay the amount due the company and the costs and expense of such
sale. Notice of such
sale shall be given by publication in some daily or weekls newspaper
published at Cortez,
Colorado, (the first publication of which shall be at least thirty(J0) days prior to the
date of sale) for four(4) consecutive weekli7;insortions.
Section
5
as amended August 14,1934The stock so sold shall be transferred on the company's books to the purchaser
at
such sale; and after deducting from the priceeds of sale xlisrmarrem=etsmcmseb=zusamt
all
assessments and accrued interest thereon owing the company by such delinquent
stock-holder and expense incurred, the surplus, if any, shall be paid to
the delinquent
stock-holder on the surrender by him of the original certificate or certificates
representing
the stock so sold. It shall be lawful for the company to purchase said stock or any part
thereof at such sale.
. Section
5
not amendedAt the option of the board, suit may be brought against any stockholder
to recover
the amount of any assessment or any nart thereof remaining unpaid, and the interest
thereon.
Section 6. Each share of stock shall entitle its holder, undyr such
rules as may be adopted by the company, to the use each year of water for the
irrigation of one acre of land, upon the basis as to amount and subject
to the right of
the company to pro rate, as in these by-laws hereinafter provided.
Section
7,
as amended November 10,1942In the event of lost certificate of stock, the aunor thereof may procure
a new
certificate upon satisfactory proof to the Board of Directors that said certificate
has boon lost and cannot be found, and the circumstances surrounding
said loss, and by
filing with the board a satisfactory sareLy bond executed by claimant and a corporate
surety dn such amount as the board shall deteritine, but not less than
twenty five(25)
dollars per share. (See minutes of Juno 10,1952.)
Section 8. Each stockholder, upon receiving his certificate of
stock, shall give his pootoffice address, and upon chancing the same
shall at once
notify the secretary, for the purpose of giving all notices to members
of meetings,
assessments, etc. The address as shown upon the books of the company
shall be deemed
the correct address.
ARTICLE IX.
Standing Committees.
The Board of Directors. may from time to time appoint any committee or
committees,
for any purpose, which shall have such powers and duties as shall
be specified in the resolution of appointment.
ARTICLE X.
Debts.
No debts or obligations shall be incurred by any of the officers of
this
410
corporation, except by the order of or under the direction of the BeardSection
6.
All elections of directors of the corporation must be by •ballot, and as well all other votes required by law be taken. by ballot.
Section 7. Any stockholder nay at any time waive any notice required to be given under those by-laws, and if all the stockholders in writing waive nbtice of any annual or special meeting, no notice of such meeting shall be required, except as otherwise provided by law, and all meetings of stockholders at which all are prosent,in person or by proxy, and sign a written consent thereto on the record thereof, shall be legal and valid for all purposes, whether or not previous notice has been given, and at
such meeting any corporate action may be taken, except as otherwise provided by law.
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Section S. The order of business at all meetings of the stockholders shall be as follows:
A. Roll call
B. Reading minutes of preceding meeting C. Reports of officers and committees D. Election of directors
E. Unfinished business F. New business
G. Adjournment.
Provided, however, that the order of business at any meeting may be changed by a vote of the majority of the capital stock of the corporation.
ARTICLE VIII
Certificates of Stock Transfers of Stock Aosessmons of Stock
Section I. The subscribers to the capital stock of this corporation shall be entitled to certificates of their shares duly signed by the president and countersigned by the secretary. The certificates of stock to be dated, numbered and registered as they are issued, and the transfer of stock shall only be made on the books of the corporation, either in person or by attorney, and upon presentation and surrender of the shares so transferred by the owner in person, or by attorney or legal representative; provided, however, that no stock shall be transferred until all assessments charges and arrearages thereon then due the company, have been fully paid; and provided furtherat,Jipon each transfer of stock the secretary of the company shall charge a fee p2 of -b.ne-dellar for each new certificate issued, which shall be paid in advance by the party on whose behalf the certificate is issued. All fees thus received shall be paid by the secretary into the treasury of - 'ae company.
Section 2. The transfer books of the corporation may be closed for a
period of ten days previous to theannual or any special meetings of the stockholders and notice that the transfer books will be closed shall be issued and published in the call for the meeting.
Section 3. As amended February 16,1937.
The capital stock of our company shall be assessable for
maintaining, operating, improving, enlarging and extending the ditch and reservoir system of the company, for the purpose of providing funds to pay for property acquired by the company, and for other necessary expense, provided, however, that no assessment shall be made unless the question of making such assessment shall first be submitted to the
stockholders of the corporation, at an annual meeting, or at a special meeting called for that purpose, and a majority of the stock voting thereon, shall vote in favor of making such assessment, and in case said stockholders fail to hold any such meeting or fail to make or authorize any such assessment by the first of April in any year,then the directors shall have power to make such assessment at any regular or special meeting called therefor for such year. All assessments shall be made pro pata upon all the stock of the company issued and outstanding, and the time or times of payment shall be provided in the vote or resolution levying or making such assessment.
Section
4.
The secretary shall mail to each stockholder of record at his postoffice address as shown upon 'the books of the company, a notice of such assessment, the amount thereof and the time or times when same is payable. If any stockholder shall not have registered his poetoffico address with the secretary, he shall be deemed to have waived notice by mail of all assessments.•
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ARTICLE VI
Section I as amended July 9,1963
The Board of Directors shall moot regularly on the 2nd.'.7zrnem.:;:x Tuesday of each and every month at the hour of 2 o'clock in the afternoon, and for attending each regular or special mooting shall receive as compensation the sum of Fifteen Dollars each, per day, and the Board of Directors shall moot at such other times as they shall from time to time determine. A meeting of the board may be called at any time by the President or any four directors, to be hold at the time and place designated in the call and notice thereof, upon twenty four hours written notice served personally or by mail or telephone. All regular meetings of the Board shall be held at such place in the City of Cortez, Colorado, as shall be designated by the Board and no notice of regular meeting shall be necessary or required.
Section 2. Any director nay at any time waive notice required to be given under those by-laws and whenever all the directors of the corporation shall be present at any meeting, however called, or those absent shall sign a written consent thereto, or approval of the minutes of any such meeting upon the record thereof, the acts of such meeting shall be as valid and binding as if regularly called as provided herein9
Section 3. At all meetings of the Board of Directors four directors shall
be required to constitute a quorum for the transaction of business°
Section 4. The order of business at any meeting of the Board of shall be as they may determine at the time°
ARTICLE VII
Directors
Section 1. As amended February 1,1964
The regular annual meeting of the stockholders of the corporation for the election of directors and the transaction of other business shall be hold at the principal office of the corporation, in Cortez, Montezuma County, Colorado, on the second Monday of
December in each year, starting at the hour of two o'clock in the afternoon, and the
polls shall remain open until five o'clock P.M.)
Section 2 as amended February 1,1964
Special meetings of the stockholders may be called for the election of directors, or for any other purpose, whenever deemed necessary by a majority of the Beard of Directors, by the President, or such special meeting may be called at anytime by a majority in amount of outstanding capital stock of the company, and as provided by law, which meetings shall be hold at the sane place as thoregular annual meetings, and at such date and hour as shall be designated in the call therefor. In addition to any published notice required by law, notice to each stockholder shall be mailed at least ten(10) days previous to each regular or special neeting(adjourned meetings excepted) and the object of same stated,or served upon each stockholder personally at least three days previous thereto.
Section
3
as amehded January 9,1951At all meetings of the stockholders at least twonty(20) per-cent of the assessable capital stock of the corporation must be represented either in person or by written proxy, in order to constitute a quorum for the transaction of business,b1= but less than a quorum may adjourn to some subsequent date, but not for a period longer than sixt;g60) days at any one adjournment.
Section
4
as amended January 13,1925 ttv
ti„\oao•-•Representation by written proxy, subscribed by the registered steckholden; shall he allowed, and the instrument authorizing the proxy to act at themeeting shall be exhibited at the time of such mooting when called for, and filed with the secretary and no proxy shall be permitted to vote unless the same is hold by a stockholder of the corporation
Section
5
as amended January 134925At all meetings of the stockholders each stockholder shall be entitled to one vote for each share of stock appearing from the stock books ofthe corporation as registered in his name, which vote may be given personally or by written proxy, as herein provided, and to cast as many votes as ho owns or represents shares of stock in the corporation. A majority of the outstanding stock shall be voted in order to constitute an election or the a ption of a resolution. The cumulative system of voting for Directors is hereby adopted and shall be allowed as provided by the laws of the :3-tato of Colorado.
ARTICLE
n.
Contracts, Notes, Etc.
Section 1. All written obligations of the corporation such as notes, bonds, acceptances, contracts, agreements, deeds and all other instruments
of writing, shall be signed with the corporate name, by the president, or in his
absence by the vice-president, and countersigned or attested by the secretary and the
corporate seal affixed.
Section 2 as amended February 12,1952
All funds of the corporation on deposit in any bank or banks shall be withdrawn by check or n77777% order in such manner as shall be ordered by
the Board of Directors.
ARTICLE XII Depository
The funds of this corporation shall be deposited in the name of said corporation, in such bank or banks as may from time to time be determined
by the Board of Directors.
ARTICLE XIII
Regulations for Distribution SUBDIVISION I:
UNIT OF NEASUR=ENT AND BASIS OF AMOUNT PER ACRE
The unit of measurement shall be the second-foot, which is one cubic foot of water per second of tine, and the basis of the amount of
water per acre to which a user is entitled, is at the rate of one second-foot to eighty
acres of land.
SUBDIVISION 2:
I-ZRP2TUAL Al‘',D CONTRACT RTGFITS
All perpetual and contract rights to the use of water existing upon the dissolution of The Montezuma Valley Irrigation District and assumed by
the company, shall ha fully respected, and ,ater shall be delivered and distributed to
those entitled thereto under such vested and contractual rights, in such manner and under such
regulations as such vested and contractual rights enttle them to; it being the
purpose of this provision to in all respects preserve the status quo of such rights
existing prior to the dissolution of the said The Montezuma Valley Irrigation District, in all cases where such rights have been converted into stock of the company.
SUBDIVISION 3.
RIGHTS REPRESENTED BY STOCK
Section i. Applications for water must be made to the secretary, either orally or in writing, and payment of all assessments due for maintenance
or other charges against the stock owned or rented by the applicant must 1.e made
at the time of the application. The secretary shall deliver a receipt for the amount paid
and mail or deliver an order to the superintendent for the delivery of the water. 21mauTTim'A4intxrAannt The superintendent will not, in any case, put in boxes or turn on water
without an order from the secretary of the company.
Section 2. The user of water shall not lot it run to waste, and whenever he is not irrigating he shall shut it off from his own lateral.he
shall leave a notice at the box from which his water is supplied, informing the ditch-riderxkunx when he is done irrigating, and also shall inform the ditch-rider, in the same
manner, when he again requires it9 who shall turn the water back into the ditch as soon
as possible.
Section
3
as amended April 8,1959'Later shall be delivered by the company's main canal or through other ditches and canals and pipelines, whether cvned by the company or owned
by others, by and through a steel headgate or through a measuring device approved by
the company and if distributed through a pipeline by and through a meter approved by the
company. Section 3 as amended September 13,1949
rater shall be delivered by the company into a lateral ditch or subsidiary zr1-;',Tri canal provided by .the user, and connected with the company's
main 7 ',flans of and through a steel headeete, and through a measuring device
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by the company. The manner of delivering, measuring and regulating the supply to the user shall be prescribed by and under the control of the company.
Iood hoax:gates in use as of September 13,1949, shall be roplacod with a steel headgate at the expense of the water user when in the opinion of the board of directors or the superintendent , such hendgato is not in a proper state of repair or is not fairly delivering the wilter,
Wood gates in use as of September 13,1949, shall not be repaired to prolong their use without the approval of the superintendent.
Section
4.
As amended September 13,1949All hoad - ates and measering devices shall be set under thesupervision of the company's superintendent and at the expanse of the consumer, and no other person will be r rnitted to cut the banks of any canal of the company for the purpose of putting in any headgate.
Section
5.
No change in location of box or point of delivery of watershall be made after the opening of irrieation season, excepting by special permission of the superintendnent.
Section
6. No
dams or obstructions of any kind will be allowed in thecompany's canals, except under the supervision and direction of the superintendient. Section 7. In case the company's canals or ditches shall be unable to carry and distribute a volume of water equal to tho estimated capacity, either from casual or unforseen or unavoidable accident; or if the volume of water prove
insufficient from drouth, or from any other cause beyond the control of said company, the company shall not be liable in any way for shortness or deficiency or inadequacy of supply occasioned by anyof said causes; nor shall the company be liable, in any no:x case, for loss or damage by reason of any leakage, seepage or overflow from any of the canals, ditches, laterals or reservoirs, anything in any statute, law or custom to the contrary notwithstanding.
Section 8. ,If by reason of any cause the supply of water shall be insufficient to fill or flow through the company's canals or ditches according to the estimated
capacity thereof, or if from any cause beyond the control of the company, the supply shall be insufficientto furnish the amount equal to all the water to be furnished for that
year, the company shall have the right to distribute such water -or() rata as may flow through the canals or ditches to all persons ontetled thereto; ad, for the purpose of so doing, may establish and enforce such rules and regulations as may be deemed
necessary or expedient.
Section
9.
'Ale leard of Directors shall have the power to make and enforcesuch additional reasehablo rules and regulations for the carriage and distribution of water as nay in their judgment be necessary and proper.
Section 10 Added April 8,1959
Any part of any canal or lateral of the company which lies within the incorporated City of Cortez, Colorado, may be abandoned providing the City of Cobtez
shall assume the obligation of delivery of water to stockholders under such ditch proposed or sought to be abandondd. Any deliveries made by such substituted delivery shall be made through a measuring device so as to insure to the company and all of its stockholders an equitable distribution cf available water.
If deliveries are made through a pipeline of the City of Cortez, the company shall pay the cost incident to the inStallation of the motor or measuring device and such
measuring device shall remain the Iproperty of company. ARTICLE XIV.
Amendments
Those by-laws or any thereof may be amended, added to or repealed by the
vote of a majority of all the directors constituting the Eoard of Directors of the corporation, at any regular meeting, or at any special meeting called upon notice as heroin provided, in which notice a proposed amendment, .eldition or repeal shall be sot forth.
IN WITNESS WHEREOF, the foregoing by-laws are now hereby adopted by the directors as the by-laws of THE MONTEZUa VALL2I IRaIGATION C21PANY, thipi 26th. day of October A.D. 1920.
Signed E.H. Kittell
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ORDINANCE NO. 203
ill,
AN ORDINANCE PROVIDING FOR WATER SERVICE AND THE SUPPLYING OF U.:: T Tr '. - 2. ICYN OF CORTEZ BY THE MONTEZUMA VALLEY IRRIGATION COMPANY.
WHEREAS, the TY7 Cor4-7, 1-sn.s neretofore received its =tax supp17 of -sater for the Citizens and residents through the Montezuma Valley Irrigation Company under water purchase contracts, and
WHEREAS, it is the mutual desire and intention of the Bpard of Trustees of the Town of Cortez, Colorado and the Montezuma Valley Irrigation Company to modify the existing agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSThE'S OF THE TOWN OF CORTEZ, MONTEZUMA COUNTY, COLORADO:
SECTION 1. For the purpose of obtOiling water service and water for the Town of Cortez, Colorcdo, the Tam of Corte0(liereinafter referred to as Town) proposes
fn prrchs!rn fron the Montezuma Valley Irrigation Company( hereinafter referred to
as Company) water service and water for domestic and other uses in the Town of Cortez and territory adjacent thereto, upon terms and conditions hereinafter set forth.
SECTION 2. This agreement shall be in full force and effect for a period of ten years from and after January 1,1948 and thereafter for a successive ten year period unless terminated at the end of the first ten year period upon ninety day's prior notice frcm either party, such notice to be sent by registered mail to the addresses given in this agreement. Written notice shall be deemed to have htmax been given when the same is deposited in the United States Mails addressed to the other party with sufficient postage attached thereto to register, and to deliver said notice to its destination.
Provided however, in the event Town is able to purchase water sufficient for its entire needs which it deems more suitable and desireable, and if delivery can be made to Town withouqusing any of Company's system or system of the Montezuma Valley Public Irrigation tistricts# its successors and assigns, Town may upon ninety(90) says notice in writing prior to January 1st. of any year during the continuation of this contract terminate this contract and be released from all liabilities here-under except to pay for all water delivered to date of termination. If the contract is terminated after January 1st. of any yoftr the Town shall nevertheless pay for the full year's services.
SECTION 3. The Town has contract 3d for the purchase of an adjudicated water right for priortiies senior to priorities owned by the Company in the amount of two cubic feet of water per second of time. The Town shall sell and dispose of all shares of stock awned by it in the Company as soon as the same may be conveniently done. Shares of stock awned by the Town and as long as shares are retained by the Town shall be fully assessable at the regular assessment date beginning May 1st,1948, and said assessment payments shall be in addition to all other payments hel-ein recited.
SECTION 4. Company agrees to deliver water awned or used by Town to the headgate of Town's ditch situated on a lateral ditch of the Company at or near a point in the WINE* Section 31 Township 36 North, Range 15 West, N.M.PJI,
SECTION
5.
During winter months when Company is not making regular and uninterrupted delivery to its shareholders, Company will endeavor to furnish sufficient water to maintain a reasonable reserve in the Reservoirs of town and winter deliveries will be made as weather conditions permit, and the Town agrees to keep Company fully advised of reserve in reservoirs and its anticipated needs. Regular or daily deliveries during winter months are not contemplated or contracted for by either Town of Company.SECTION
6.
The amo,int of water to be delivered to the Town during the period covered by this contract is hereby defined to be all decreed water owned by the Town of Cortez plus such additional water as may be from time to time needed to meet the demands of the Town, its residents, and inhabitants.Provided, however that when Company is running a diminished head at the request of Company the Town will restrict irrigation and provided further that Company will at no time be required to furnish or deliver water in excess of ten cubic feet per second of time during the summer irrigation season.
01.
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SECTION
7. It
is understOod between the Town and Company that the quantity of water may vary from time to time and Town shall notift/Company at least fifteen(15) days in advance of any reeuired increase of the amount, of slater needed, sub:'-eet to the limitations .:tioxia5 and 6
above.SECTION 8. Town agrees to pay and Company agrees to accept a minimum charge of seven hundred fifty dollars($750.00) per annum, payable in advance each year on or before the 15th day of May commencing in the calender year 1948 plus a minimum charge per foot over and above five second feet of an amount equal to the cost of delivery to shareholders of Company per each second foot( calculated at 80 shares of water per macs& foot) as shall be ascertained and determined by the Company's auditor,and said five second feet includes water whether owned by Town or Company. The Town permits
Company to use water without charge to Company, on Company property for as many as six taps on water main now owned by Company, and Town will furnish without charge to Company sewerage facilities as now connected. The said minimum payment is in lieu of maintenance, reservoir and other assessments by Company. provided however, that if leroe per cent of the total water receipts for Town shall exceed in any calender year the amount herein contracted to be paid, then in that event the Town shall pay to Company an additional amount equal to iikkma three per cent pf the total water sales revenues for said calender year less amount paid as a minimum pay, onto said additional payment shall be made on or before February 15th of each year for the additLonel payment for -eater furnished during the preceeding year.
SECTION
9.
The Town shall maintain at its own expense the necessary ditches, right of ways, bridges, flumes, culverts, fences,and all other necessary equipment for the transportation of water from the heaegate situated as described in Section 4 above and the Company shall keep its lateral ditch in a reasonable state of repair for thetransportation of water to the Town and to the Company shareholders. Company shall not be obligated to deliver water into any ditch or flume to be used by the TONY) unless said ditch or flume is for the exclusive use of said Town. Provided, however, that if this cannot be done cinvinently or without undue burden at the discretion of the Town the Town may provide for proper measuring devises to be approved by the Company so as to insure the Company that no shareholder of water user other than the 'fawn shall have any preference or receive a greater amount of water per shere owned than other share holders.
SECTION 10. In case delivery by the Company or acceptance by the Town under this agreement shall be prevented or delayed by reason of revolution or other disturbances, war,act of enemy, strikes, fires, floods, drought, Acts of God, disruption or break-down of water transporting facilities incurred by maxammt reason of Da& weather or any other cause no within control of the Companyof the Town or which by the NXIMAK
exercise of reasonable diligence it is unable to prevent and whether the class and cnuse is herein enumerated or not, no liability for damages shall rise against the said pa-ty on account of any failure or delay due to such cause or causes and there shall be no liability for damages, it being understood that the cause of interruption shall be remediedkf possible, in accordance with the necessary and expediency of delivering water to the Company's share-holders and the Town, Provided however, that if any suspension cannot be remedied within sixty days after its ocourence, this agreement at the end of said period of sixty days may be terminated by either party, AND PROVIDED FURTHER, that the Town may purchase water during any period of suspension from any other availsble source until Company is able to resume deliveries.
SECTION 11. This agreement constitutes the entire agreement between the parties as to the subjects herein contained and is in lieu of any and all existing agreements between the parties involved in the subject matter hereof. No agent of either party shall have authority to vary the terms hereof, no variations, amendments or supplements shall be effective unless and until approved in writing by an authorized representative of each of the parties. All notices herein provided to be given must be in writing and any and all ageements heretofore entered into between the Town and the Company concerning the pIrchase of water or use by the Town is hereby declared to be cancelled and each party released therefrom.
SECTION 12. Ordihance NO. 186 of The Town of Cortez is hereby repealed.
SECTION 13. The Company shall file its acceptance of the terms and conditions of this ordinance within thirty(30) days after passage and final approval of this ordinance.
SECTION 14. This ordinance is necessary for the im ediate preservation of the public peace, health, and safety, for the reason that the Town is without adminpactux an adequate supply of water, and the same shall therefore be in effect from and after five (5) days after approval and publication thereof following its passage as provided by lay.
PASSED, ADOPTED, AND APPROVED THIB 5th DAY OF NOVEIMER A.D. 1947 F.W. Jones, Mayor Attest D.C. Hickman, Clerk & Recirder
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COLORADO WATER CONSERVATION BOARD
212 STATE OFFICE BUILDING TAeoR 5853 DENVER 2, COLORADO KEYNToNE 1171, EXT. 432
November 9) 1951
Dan Hunter
Dove Creek, Colorado Dear Mr. Hunter,
At the National Reclamation Association convention you suggested that I inquire of the Region
4
office of the Bureau of Reclamation at Salt Lake City regarding the status of further investigation of dam sites on the Dolores River.
I have today received a reply to my inquiry of October 22, from Mr. Larson. A copy of Mr. Larson's letter is attached hereto and will provide you with all the information we have been able to obtains
You will note that icir.Larson's letter suggests that topographic maps on sites included in the study are available at the Durango office of the Bureau of Reclamation.
If this office can be of any further assistance to you in securing information on this matter) please contact me at your conveniences
REP:fmo
Respectfully,
Ray E. Peterson
Dove Creek, ,,olorado, 1.4ov. Harold keown,
.Corte z, Jol °rade.
Dwir
aqrold:-Am enclosing n letter from
Lnrson oddressed unto
ias.
2eterson of the 3taie 451ter 3oardwhich is self explanatory.
Su.g6est that you present this letter unto 1,-Ar. Orab-tree of Durango,
when you. call uoon him to make your investigation relative into the
i3ureaa of Reclamation surveys on the Dolores River.
If I can be of any furl her service unto you relalive unto this matter
feel free to cnll upon me.
Sincerely-6 44.44.via,r7,
Dan 3. Hunter
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COLORADO, WATE r;.?NSERVATION BOARD
STATE • •E BUILDING DENVER. COLORADO
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF RECLHATION
REGION
4
P.O. Box 360Salt Lake City, Utah
Mr. Ray E. Peterson • Administrative Assistant
Colorado Water Conservation Board 212 State Office Building
Denver, Colorado Dear Mr. i'eterson:
Reference is made to your investigations of a dam site on t
Al reply refer to:
4-72Q
of Octobe regarding Incompleted prelimin3r nvestjt ions were made by the Bureau of Reclamation prior to 1946 o a rese v r and dam at the Mcithee site on Dolores River as a feature of h. ential Dolores River project for
irrigation of lands in the Cover C e. area extending 25 to 50 miles to north-west of Cortez; Colora-' idcPhee site is located on Dolores River immediately below t eaver k. Topographic maps of this site can be made availab tersts at our area office in Durango, Colo.
Largely b project and the go
lative economic attractiveness of the Dolores )s grown in the area over the several years preceding th ecent d ih t e investigation has been virturally inactive for the
r
w years iority being given to investigations of otherpotenti svebopmeri,s in Colorado. e are in hopes that the fund and person-nel si x5tion will 'mit us to program the completion of the Dolores project prelim nary invest,i,a ion in fiscal year ending June 1953.
e McPhc eservoir site is located too far downstream of Dolores River to ter for the Montezuma Valley area. Reconnaissance studies of other poss e sites for use in developing Dolores River water for the Montezuma Valley lands were made by the Bureau of Reclamation several years ago. Maps of the sites surveyed in this study can also be made available to local interests at our Durango office.
We trust that this is the information you want. We are glad to be of service to your Board and to the local interests in the water resource development problems.
Very truly yours, is7E. O. Larson Regional Director
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February 15,1952
Mr. Dan B. Hunter
Argonaut Hotel
23:; East Colfax Ave.
Denver, Colorado
Dear Mr' Hunters
I am onclaning fivo(5) coppgfica reaolution\passed
and adoptod February 12th. by o
atOro•
Triad to roach you at<ro Croos
morning, but
Huntor informed mo She thOught
would go on to Denver
before returning to Dove Crook,
--„
hopo this resolutionla
s required, but if
anything more is 700dod plea's feel free to let us know.
( Very trul
, youre
\\THE MONFiZUMA VALLEY IRRIGATION 000
Herald G. Keown
Secretary
February
26, 1952
Yr. E. W. Neal, Vice President lontezuma Valley Irrigation Company
Cortez, Colorado . Dear Mr, Neal:
Receipt is acknowledged of a resolution passed on the 12th day of February, 1952, by the Board of Directors of the Yontezuma Valley Irrigation Company and the Board of Directors of the Montezuma Valley Public Irrigation District, urging the Colorado Water Conservation Board to foster, encourage and assist in the securing of storage on the Dolores River for irrigation, domestic and other purposes.
This resolution will be called to the attention of the Colorado Water
111
Conservation Board, at its next meeting.•
In the meantime, as Director of the Colorado Water Conservation Board, I shall in every way further this request. As you probably know, the Water Board, for some years, has been urging Region 4, Bureau of lceclamation, to expedite the completion of its investigations on the Dolores itiver storage to accomplish irrigation, domestic and other uses of water in the area. These investiations were initiated and a considerable part thereof completed. How— ever, it seems that completion of surveys was considerably slowed up because of inadoquftto funds in the hands of the Bureau of Reclamation to carry on such work and because of the pressing demands in various areas for such surveys. I have informed myself personally of the needs for those investigations and I am impressed with the necessity of their Completion at as early a date as possible.
In this connection, the Colorado Water Conservation Board is doing everything possible to obtain the appropriation of sufficient funds by the present Congress for surveys and investigations in Colorado, particularly in Region
4
of the Bureau of Reclamation, in vilich area the Dolores Riverflows.
CHS:pam
cc: Herald G. Keown
Yours very truly,
Clifford H. Stone, Director
e-.
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.In Reply Refer To: 4-700
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION
Region
4
Post Office Box 360 Salt Lake City 10, Utah
March 7, 1952 Mr. Clifford H. Stone, Director
'Colorado Water Conservation Board 212 State Office Building
Denver 2, Colorado Dear Judge Stone:
Your letter of February 26, 1952, expresses the feeling of your Board with reference to expediting to the extent that investigation funds and personnel are available to the Dolores project investigation. We agree with the Board's feeling and have programmed project investigations on the Dolores project beginning in fiscal year 1953. Because of the extensive land classification
and topographic mapping operations that will be required, our first, undertaking will be to reanalyze the plan of development for
ability to meet benefit-cost requirements under present criteria. The initiation of detailed studies and the subsequent completion of an authorizing report will be contingent upon our findings in this reconnaissance report.
We note, however, that the petition forwarded with your February 26 letter is from the Montezuma Valley Irrigation Company and the Montezuma Valley Public Irrigation District whose direct interest and concern in our opinion is in the Montezuma Valley Irrigation Company east of the Dolores project. Heretofore there has been no consideration given to supplying supplemental water to this area. The Colorado River Basin Report recognized the need for developing some new land below the existing project area. The
potential project has been named the Montezuma Valley Project Exten-sion. Investigations for this extension have been set up in our 7-year program to 15egin in fiscal year 1956. However, in view of the dependence of the Dolores and Montezuma Valley projects on the Dolores River as a common source of water, the needs of the Monte-zuma Valley will probably receive preliminary consideration in con-nection with our investigation of the Dolores project next fiscal year.
-Wm
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The Consolidated Ute Indian Agency, Ignacio, Colorado, has recommended to its area office in Albuquerque, New Mexico, an Indian irrigation project on the Ute Mountain Reservation. The Indian Agency suggests this potential Indian development be included in any investigation the Bureau might make of the existing Montezuma
Valley Irrigation project. The Indian Reservation area that would be included which embraces approximately 3,000 acres of irrigable land is located south of Cortez, Colorado, starting at the north boundary of the Reservation and extending south along highway
666
. a distance of approximately 5 miles.Very truly yours, /s/ E. 0. Laroon
E. 0. Larson Regional Director
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S
COLORADO WATER CONSERVATION BOARD
212 STATE OFFICE BUILDING TABOR 5E153 DENVER 2, COLORADO KEYSTONE 1171, EXT. 432
March 21, 1952. Mr. E. W. Neal, Vice President,
Montezuma Valley Irrigation Company, Cortez, Colorado.
Dear Mr. Neal:
Reference is made again to a communication written to you dated February 26, 1952, by Judge Clifford H. Stone, Director of the Colorado Water Conservation Board, in which he acknowledged receipt of a resolution passed on the 12th day of February, 1952, by the Board of Directors of the Montezuma Valley Irrigation Company and the Board of Directors of the Montezuma Valley Public Irrigation District, urging the Colorado Water Conservation Board to foster, encourage and assist in the securing of storage on the Dolores River for irrigation, domestic and other purposes.
On the same date as Judge Stone wrote to you, he also addressed correspondence to the Region
4
office of the Bureau of Reclamation in SaltLake City, Utah, enclosing a copy of your resolution to be reviewed by officials of Region
4.
In that letter to Region4,
Judge Stone stated: "The Colorado Water Conservation Board feels that the investigation of the Dolores Project should be expedited to the extent that funds for the investi-gation are made available to your office. Some of the lands which would be benefited by Dolores River storage lies in Colorado, but a portion thereof in Utah".Just recently, Region
4
has replied to Judge Stone's communication,and for your information we are enclosing herewith a copy of that letter, which is self-explanatory,
Respectfully, Ray EV Peterson,
Administrative Assistant to
Judge Clifford H. Stone, Director, Colorado Water Conservation Board.
•
•
Colorado,
cf waters
a3.501:unci
WX:22A5, a 1ar,9 pQrtion of lands in Eonteaulaa County, are pon,productive without Irrigation, and
zaamB, the
Zolorsa Elver and it tribuLarias is tho aourcefcr irri6al3n arid ,:o.,1stic and cCiaer ustx, az4
41,Lx;Az,
the flow uuter in the Zolorsa river varies and aconstant 31.pi.:4, i..Ltcr can only be a4curotl by 4;tcric rusLrvol.r.i, aal
ymi=s, the
prent available stoma rm;ervoirs ereIn-L;lAficient in Liu; inra an adciquate iply tar for irristion
and other purcaoa, an
4En3A6, the cnly ma:lor storae available, Crollndh: Rese:rvoir,
ztores water fr a run-off from a limited area only's and cannot ba
filled each year, anL1
ZaRL.42, thtre is aufricier.t watar in tile L'.)1orz:3 Rivi:r to ;:rovide for 411 n;ce4aary irrik;ation and dogiesLic and other. purpoals, if additional storak7e were providetl ia aucA location Lit. th6. uai4e eould altisys be filled durin run-off sz;auon, and
milm1:15,
the Lros,,critv, health aid well being oethe M6nteaumak .
Valley has been iruLur4,.ki tut, krecuLdn., crJLItil yt.tena, aria
A.L la Ld aUvloablw wi.L; u..i.zuti.al that ue
solicited tn the mattc.r of v,i;:Lorat.ion and develo„Tent Litoratx,.
L:,44LL, be it msolvod bi thio Board of 1/.:xectors of
The eonteswla 17411oy Irriation CoDpelly, and tha tocrd o: directors
of the 114ntoLuni4 4W.ley ?u4:110 irriation Ustriot in neetin; azsertled
thin 12til ey of 1)2 t:ht cid be fliaitQd frivrntaL
aricies fQrtit a storwf, cn tho Dolores aiver,
ar.4 tlat Ta; Me Colorado
!.ter Lo,,rd of o ur,4ad to fostr, ,:-..1cri:Jci and
in. 1 t4U jc04; 4tan
cuclt ;&erni a.c.u44
It ia ft...:124r rcc31vc4 that fivo co:Aes of this resolution be
delivered to n Bunter, r*c.sidzent of the outhwestern ,.ater Conservation
Ltstriot for14‘zo 44..a tdutl.ition as in ilia onion Is
rasa-td, tLis l2th day cf
C..';RTIFICATS
S
I, Uerald G. Keown, the duly authorized, elected and qualified Eecretary of Tho Monteuuma Valley Irrigation Company and the Montezuma
Valloy b1ic Irri;ation Listrict,
do
hereby certify that the aboveand fore;oing is a true and correct copy of the Resolution passed, adopted and ap2roved on the 12th day of February, A. D. 1952.
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(zoal)
