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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />2.2 Orqanization, Powers, and Authorities <br /> <br />The Fort Lyon Canal Company is a mutual ditch company, organized under special <br />statutes now codified os C.R.S. 1973, Section 7-42-10 I et. seq. (as amended). Such <br />corporations are orgonized as nonprofit corporations and have the rights and powers <br />granted under the Colorado Nonprofit Corporation Act. C.R.S. 1973, Section 7-20-101 et. <br />seq. through 7-29-101 et. seq. Specifically, such companies have the power to make <br />contracts and incur binding liabilities through loans, and to receive grants of property. <br />C.R.S. 1973, Section 7-22-101. <br /> <br />Mutual ditch companies' provide water to their stockholders based on proportion of <br />stock ownership. . See generally C.R.S. 1973, Section 7-42-106. Mutual ditch companies <br />roise money for operation and maintenance of facilities and for the repayment of <br />indebtedness through ossessments on outstanding shares of stock. Such stock assessments <br />ore determined onnually by vote of the stockholders. Procedures exist for collecting <br />unpoid assessments. See C.R.S. 1973, Section 7-42-104. <br /> <br />2.3 Physical Assets and Financial Status <br /> <br />The finoneiol position of the Fort Lyon Canal Company, asof October 31,1982, is <br />given in Appendix A. This information was taken directly from the 1982 "Annual Reports <br />of The Officers of The Fort Lyon Canal Company," and was prepared by William J. <br />Trainor, CPA. The financial report was presented to the Boord of Directors and <br />Stockholders of the Company at their annual meeting on December 21, 1982. <br /> <br />Presently, the Fort Lyon Canal Company has 93,989.42 shares of Common Mutual <br />Stock issued and outstanding, with a par value of five dollars per share. With average <br />annual diversions of 199,542 acre-feet at the Fort Lyon Canal headgate, and average <br />annual releases from the storage system into the Fort Lyon Canal of I 1,485 acre-feet, <br />the Canal Company diverts an average of 2.25 acre-feet per share per year into the Fort <br />Lyon Canal. After accounting for canal and lateral losses, this represents an annual <br />overage of about 1.5 acre-feet per share available for delivery to the irrigators. <br /> <br />As reported in the Company's 1982 Anrlual Report (Appendix A), total maintenance <br />and delivery expenses for the year ending October 31, 1982 were $624,060, or about $6.64 <br />per shore. This represents a net increase since 1970 (total expenses of $279,311) of about <br />$3.67 per share, or just under 125 percent. This is equivalent to on average increase of <br />about seven percent per year. <br /> <br />4 <br />