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Brighton Ditch Company Agenda Item 22a September 15-17,2015 Board Meeting(Updated September 18, 2015) Page 2 of 1-1 Background The Company is located in Adams County and operates the Brighton Ditch for the benefit of its shareholders. The ditch diverts from the South Platte River, west of the City of Brighton, and delivers water to approximately 1,840 acres in Adams and Weld County. Irrigated acreage within the service area is primarily used for crop production for sale in local markets with some hay production for cattle feed or sale. Water at the end of the ditch is measured by an augmentation station used by four shareholders: Central Colorado Water Conservancy District, South Adams County Water £x Sanitation District, the City of Aurora, and the City of Westminster. In May and June of 2015, the South Platte River experienced extended high flows. This resulted in a breach of the river between the Company's diversion structure and the upstream Ken Mitchell Ponds headgate owned by the City of Brighton (Brighton). Approximately 120 feet of the east bank was washed out, directing the river away from the Company's diversion. Brighton owns the land where the breach is located but notified the Company that it would not be taking any immediate action to repair the breach or damage to its Ken Mitchell Ponds headgate structure. The City of Aurora owns the Prairie Water Pipeline which was exposed by this breach but was able to repair its pipeline independent of the river breach. Metro Waste Water Reclamation District also has a pipeline downstream of the breach but this pipeline was not exposed and thus no action was planned by the District either. Loan Feasibility Study Dawn Jewell, Executive Secretary of the Brighton Ditch Company, with assistance from Colby Hayden, P.E., of Deere Et Ault Consultants, Inc., prepared the Loan Feasibility Study, titled "Feasibility Report - Reconstruction of the South Platte River Breach Upstream of the Brighton Ditch Diversion," dated July 2015. The feasibility study was prepared in accordance with the CWCB guidelines. Borrower - Brighton Ditch Company The Company is a mutual ditch company that was incorporated in 1880. Its office is located in Fort Lupton. It operates as a nonprofit corporation and is in good standing with the Colorado Secretary of State. There are 14 shareholders and 20 shares of stock. The Company's revenues are primarily derived from share assessments. The Company's By-Laws (2014) provide the five-member Board of Directors with corporate powers of the Company and the authority to set assessments should the shareholders fail to levy assessments to meet the necessary expenses of operation and maintenance of the Company, including the repayment of debt. The By-Laws also provide the authority to enforce unpaid assessments by ceasing water deliveries and eventually by selling delinquent stock shares. Shareholder approval is required to authorize the borrowing of money in excess of $50,000. Water Rights The water rights of the Company include: TABLE 1: WATER RIGHTS Name Amount Appropriation Adjudication Date Water Court Date Case No. Brighton Ditch 22.22 cfs 12/1/1863 4/28/1883 CA6009 Brighton Ditch 22.58 cfs 11/1/1871 4/28/1883 CA6009 On average, the Company diverts 7,125 AF per year. Project Description The goal of this Project was to restore flows to the Company's headgate to allow for continued irrigation and augmentation water to shareholders. The following alternatives were considered: Alternative 1 - Do Nothing: This alternative was the default alternative as parties within the breach area (City of Brighton, City of Aurora, and Metro Wastewater Reclamation District) determined they