C150179 Feasibility Study

• Contract/PO #: C150179
• Contractor Name: Henry Bolen Ditch Company
• Contract Type: Loan
• Water District: 34
• County: Montezuma
• Loan Projects - Doc Type: Feasibility Study

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Article VIII. Point of Delivery of Water.
8.1. Point of Delivery. The facilities at a single location in the Ditch that divert,
regulate, and direct irrigation water from the Ditch into the water system of an
individual Member is the Point of Delivery (or Delivery Point) from the Company
to the Member. Each Member is entitled to one Point of Delivery, and Members
may have more than one Point of Delivery at the Member's expense, and
Members may share Delivery Point facilities with other Members.
8.2. Existing Structures. The Delivery Points for the Initial Members are those
locations and diversion structures existing in the Ditch at the time the Company is
formed.
8.3. Company Maintenance. The Company shall maintain, repair, and may improve
the Ditch up to the Delivery Points. Functionally equivalent-measuring devices
shall be installed and maintained at each Delivery Point.
8.4. New or Relocated Delivery Points. New or relocated delivery points may be
approved by the Board and the Member or applicant shall pay the costs for any
such approved installation.

Article IX. Maintenance, Repairs, Additions and Improvements to the Ditch.
9.1. Maintenance. Maintenance and non-emergency repairs that can be anticipated
will be estimated in the annual budget and submitted for the approval of the
Members at the annual Membership Meeting.
9.2. Emergency Repairs. Emergency Repairs may be undertaken at the discretion of
the Board; provided that, repairs estimated to cost more than $1000 per event
shall require approval by the Membership.
9.3. Additions and/or Improvements.
The Company may not undertake additions and/or improvements to the Ditch
without approval in advance by the Membership. The Membership shall be
presented with a written resolution defining the addition and/or improvement to
be voted on and also presented with a Funding Agreement signed by the
Member or Members that agree to pay for the addition and/or improvement, if
approved by the Membership. The Funding Agreement shall set forth details of
the proposed work, the estimated cost of the work, the method for sharing the
cost, including any overruns that may occur, and the proposed schedule for
conduct of the work by the Company.
Article X. Funding of Expenses.
10.1. Prorated Costs. Certain costs of the Company may be prorated to the Members
based on the amount of Adjudicated Water Rights <not Project Water Rights)
owned by each Member and conveyed in the Ditch. A Member's assigned
fraction for Prorated Costs shall be equal to the total cubic feet per second of all
Adjudicated Water Rights owned by that Member and conveyed in the Ditch,
divided by the sum of the total cubic feet per second of all Adjudicated Water
Rights owned by all Members and conveyed in the Ditch; except that the
. minimum fraction for any Member shall be three one hundredths (.03).
10.2 Administration Costs. Annual Dues in an amount set by the Board and equal for
all Members may be charged to the Members to cover normal costs for
administration of the Company.
10.3 Operations, Maintenance, Repairs and Regulation of Water Flows. Costs for
operations of the Company, including regulation of water delivered to the
Members, maintenance and repairs of the Ditch and structures shall be assessed
to the Members on the following basis: Cost per Member equals total cost