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Sterling Irrigation Company Agenda Item 6a <br /> September 11-12,2014 Board Meeting(Updated September 12, 2014) <br /> Page 2 of 4 <br /> Background <br /> The Sterling Irrigation Company (Company) operates the Sterling No. 1 Ditch for the benefit of its <br /> shareholders by providing irrigation water through an existing diversion and ditch system off the South <br /> Platte River, just upstream of Sterling in Logan County. Approximately 7,400 acres are irrigated by the <br /> Company's 77 shareholders. <br /> Citing concerns of the ability of its aging diversion and headgate structure to withstand a flood event, <br /> the Company obtained a loan through the CWCB in 1998 to rebuild its diversion and headgate structure. <br /> That project was successfully completed in 2000. <br /> During the unprecedented flood of September 2013 in the tributaries of the South Platte River, a <br /> significant number of diversion structures and dams along the river corridor were damaged. Although <br /> the Company's newly rebuilt diversion and headgate structure withstood the flooding with minimal <br /> damage, a large amount of sediment was deposited in the ditch when floodwaters overtopped the <br /> structures and ditch banks. The Company funded the ditch clean out efforts with its cash reserves and <br /> was hopeful an emergency loan would not be required. However, during the subsequent spring 2014 <br /> snowmelt runoff, the river again rose depositing additional sediment in the ditch and, due to an <br /> already weakened ditch bank and river shore, breached the ditch bank in two locations. Together, <br /> these two events have made a loan necessary. <br /> Loan Feasibility Study <br /> Katherine Seetch, Secretary and Treasurer of the Sterling Irrigation Company, prepared the Loan <br /> Feasibility Study, titled "Emergency Loan Application and Feasibility Study," dated July 29, 2014. The <br /> study includes an alternative analysis and construction cost. The feasibility study was prepared in <br /> accordance with the CWCB guidelines. <br /> Borrower- Sterling Irrigation Company <br /> The Company is a mutual ditch company and was incorporated in 1915. The Company's office is located <br /> in Sterling. It operates as a nonprofit corporation and is in good standing with the Colorado Secretary of <br /> State. The Company has issued 1290 shares of stock, owned by 77 shareholders. The Company's <br /> revenues are primarily derived from assessments charged on shares of stock owned by the stockholders. <br /> The Company's By-laws (2000) provide the six-member Board of Directors with authority to levy <br /> assessments to meet the necessary expenses of operation and maintenance of the Company, and to <br /> enforce unpaid assessments by ceasing water deliveries and eventually by selling the outstanding stock. <br /> The By-laws require shareholder's approval to incur more than $30,000 in debt. The Company held a <br /> special shareholders meeting on July 7, 2014 and obtained a shareholders resolution authorizing the <br /> Company to incur this loan debt. <br /> Water Rights <br /> The water rights impacted by this project include: <br /> TABLE 1: IMPACTED WATER RIGHTS <br /> Name Amount Appropriation Adjudication Water Court <br /> Date Date Case No. <br /> Sterling Irr Co Ditch 1 113.9 AF 7/15/1873 11/15/1894 CA0304 <br /> On average, annual diversions of the Company are 21,364 AF. <br />