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<br /> <br /> <br />Form Revised May 2007 <br /> <br />1. Legal analysis ofthe ditch companies' articles of incorporation and bylaws with regard to <br />participation in the program (Trout, Raley, Montano, Witwer & Freeman, PC; Oct. 2006). <br /> <br />J. Legal analysis of 1041 land use permitting requirements (Trout et at.; Aug. 2006). <br /> <br />k. Legal investigation of municipal authority to work with the Super Ditch Company (van <br />Westrum, Trout et at., David Robbins, Esq., Hill & Robbins, Moey Hammond, Esq., Carlson, <br />Hammond & Paddock, and Kelly McMullin, Esq. and Mark Shea, Esq., Colorado Springs <br />Utilities; on-going). <br /> <br />The LA VWCD has developed an overall work plan to bring the Super Ditch Company into <br />operation in 2008, including the three tasks included in this Roundtable Request. Principle tasks that <br />LA VWCD intends to complete by March 31, 2008 independent of this Roundtable Request include: <br /> <br />a. Develop model language to permit ditch company shareholders to participate in the Rotational <br />Land Fallowing-Water Leasing program (Trout et at., August 2007). <br /> <br />b. Provide engineering support for creation of Lower Arkansas Valley Super Ditch Company, <br />including refining water modeling and the delivery of water to identified municipal, <br />nonconsumptive, and other lessees (HDR, Dec. 2007). <br /> <br />c. Draft Lower Arkansas Valley Super Ditch Company at1icles of incorporation, bylaws and <br />operating rules (van Westrum et at. Dec. 2007). <br /> <br />d. Investigate tax consequences related to the form of the Lower Arkansas Valley Super Ditch <br />Company and alternative schedules of lease payments to optimize irrigators' after-tax income <br />(Denis B. Clanahan, Kris Boyle PC, Oct. 2007). <br /> <br />e. Analyze whether the Super Ditch Company could effectively result in an oligopoly or monopoly <br />contrary to State and Federal antitrust law (an experienced Colorado antitrust attorney; Oct. <br />2007). <br /> <br />f. Draft standard contracts between participating irrigators and the Lower Arkansas Valley Super <br />Ditch Company, and between the Super Ditch Company and municipal, non consumptive and <br />other water users. (Trout et at. Dec. 2007). <br /> <br />8. Additional Information If you feel you would like to add any additional pel1inent information please <br />feel free to do so here. <br /> <br />Completed LA VWCD-sponsored work has paved the way for the creation of the Lower <br />Arkansas Valley Super Ditch Company by irrigators in the next several months. The work that remains <br />to be done for the Super Ditch Company to become a reality consists of working with irrigators to <br />hammer out the organizational and operational details of the Company, and completing some related <br />engineering. The Lower Arkansas Valley Water Conservancy District continues to pursue resolution of <br />the organizational details and many operational pm1iculars for the Super Ditch Company independent of <br /> <br />15 <br />