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' <br />J <br />C J <br />' <br />' <br />, <br />, <br />' <br />' <br />I � <br />LJ <br />' <br />Blatchley Associates, "Update Of The Estimated Fair Market Value of Stock In The Excelsior Ditch <br />Company" to analyze the financial feasibility of the purchase of 785 Excelsior Ditch shares. This <br />feasibility study further provides an updated evaluation of the Excelsior Ditch water rights, addresses the <br />requirements of HB95-1155, provides a funding analysis including a 30-year proposed schedule of <br />revenue and expenditures and presents the means for AGUA to repay the requested CWCB loan. <br />Purchase of an additiona1785 Excelsior Ditch share would give AGUA ownership of 1,792 shares of the <br />total 3,333 outstanding shares in the ditch, or a 53.77 percent interest. <br />Also included in AGUA's loan request is funding for the proposed enlargement of approximately four <br />miles of the Excelsior Ditch and the construction of a 15-acre recharge pond. In March of 2003, AGUA <br />constructed two recharge ponds (4.2 acres and 2.1 acres) as shown on Figure 2 for a total of 6.3 acres of <br />surface area. Because AGUA receives excess replacement water during some months of the year that <br />cannot be utilized by AGUA, the recharge ponds were constructed to allow the excess water to be <br />recharged to the groundwater and lagged back to the Arkansas River in a uniform monthly pattern. The <br />lagged replacement credits accrue to the stream in a very similar manner to the stream depletions caused <br />by AGUA's well pumping and during all months of the year. The ability to recharge AGUA's Excelsior <br />Ditch augmentation water (and other types of replacement water) increases the usable amount and <br />therefore the value of the supply. During April, June and July of 2003, AGUA had excess replacement <br />water that could have been utilized if they had additional recharge capacity available. Without the ability <br />to recharge the water, it must either be sold (if a buyer can be found) or it is left in the river and unused. <br />, 3.0 DESRIPTION OF ARKANSAS GROUNDWATER USERS ASSOCIATION <br />� <br />I ' <br />� <br />' <br />' <br />' <br />� <br />AGUA is a nonprofit perpetual corporation formed to, among other reasons, "Develop, obtain, <br />adjudicate, and deliver to and otherwise provide protection for its members by augmentation or other <br />water supplies... " as stated in the Articles of Incorporation. A copy of AGUA's Articles of <br />Incorporation, adopted January 12, 1995 and amended November 21, 1998, are included in Appendix A. <br />AGUA's By-Laws, adopted March 17, 1994 are included in Appendix B. The members of AGUA are <br />well owners who have joined together for the purpose of including their well pumping in an Arkansas <br />River Replacement Plan in order to replace the depletions to the alluvial and surficial aquifers in the <br />Arkansas River Basin resulting from the use of their wells in the area from Leadville to John Martin <br />Reservoir including the Fountain Creek basin and other tributary basins. AGUA's current membership <br />AGUA — 2003 Feasibility Study - 5- August 15, 2003 <br />