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, I I . Bijou Irrigation District May 24-25, 2005 Agenda Item 15a permits are for sale each year for a fee of $250 each. In 2004, the total revenues for BID were $296,500. Following adoption of a budget resolution in October, the BID certifies the required levy of taxes to the Morgan County Commissioner, with copies to the State Treasurer and Department of Local Affairs. State revenue laws pertaining to the assessment, levying, and collection of property taxes (including enforcement of penalties and forfeiture for delinquent taxes) are applicable to BID. BID may also refuse delivery of water to lands until all past due or delinquent assessments have been paid in full. (C.RS 37-43-143.) Because this loan contract exceeds $75,000, the Irrigation District Law of 1905 requires the BID to hold a special election of the legal electors in the district to authorize and ratify the contract. C.RS. 37 -41-113( 4). The election must follow the same procedures that the district would follow to authorize the issuance of a bond. (See the election procedure in C.RS. 37-41-117.) Water Riahts The BID holds the following water storage rights for Empire Reservoir for irrigation: Water Right Appropriation Adjudication Amount Administration Comment Date Date (ac-ft) Number Reservoir Storage 5/18/1905 1/15/1914 37.709 20226 Volumetric decree This decree is for additional Gage amounts to fill the reservoir to Reservoir Storage 5/18/1905 1/13/1936 Height 26302.20226 GH 30.0 if the 30.0' volumetric decree does not fill the reservoir Reservoir Storage 12/31/1929 6/08/1965 37,709 31423.29219 Refill decree Proiect Description The purpose of this project is to establish an unregulated spillway at Empire Reservoir in accordance with the requirements outlined by the Dam Safety Branch of the SEO. Currently, storm flow discharges are routed through outlet conduits and directed to the Bijou Ditch. The current policy of the SEO does not permit inclusion of gated outlets in the analysis of flood routing. In addition, the state has outlined concerns related to increased seepage as a result of increased reservoir head caused by storm runoff and the impact on dam stability. Three alternatives were considered for the project including: 1. No-action alternative 2. Construct a new spillway only 3. Construct a new spillway and place new toe drains in the Outlet Dam and Mcintyre Dam Alternative 1, No-action alternative - Since the reservoir is currently operating at a restricted gage height and the SEO has directed BID to construct a spillway, the "no-action" alternative was not acceptable. Page 3 of 6