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I I I I I I I I I I I I I I I I I I I CHAPTER I I THE DITCH COMPANY A. History of Organization Ish Reservoir was originally constructed by the Boulder and Larimer County Irrigating and Manufacturing Ditch Company with an area of 138 surface acres and a capacity of approximately 1240 acre-feet. The construction began June 30, 1875. Subsequent enlargements 1 and 2 increased the total capacity to 1794 and 2546 acre-feet, respectively. The third and final enlargement was done by the Ish Reservoir Company and resulted in a total capacity of over 7,000 acre-feet. A contract between Boulder and Larimer County Irrigating and Manufacturing Ditch Company and Ish Reservoir Co. dated June 1, 1905 outlines the rights and respon- sibilities of the Ish Reservoir Company with regard to the reservoir (see Appendix A, page A-I). In summary, the contract granted to the Ish Reservoir Company the right to enlarge Ish Lake to an additional capacity of at least 150,000,000 cubic feet or more above the then existing capacity of 111,000,000 cubic feet. The actual enlargement was decreed as 208,989,240 cubic feet but measured as 196,593,888 cubic feet. The inlet ditch was also enlarged and an additional outlet ditch constructed for use by Ish Reservoir Company stockholders. In exchange for being allowed to enlarge Ish Reservoir, Ish Reservoir Company agreed to be responsible for all "injury, expenses, costs, attorney's fees and damages of every kind and nature connected with or growing out of the enlargement, construction, maintenance and use of said reservoir and inlet and outlet ditches same from seepage, flood water, leaks..." As clarified by the official resurvey and capacity chart in Appendix A, page A-7, Boulder and Larimer County Irrigating and Manufacturing Ditch Company is entitled to approximately 111,000,000 cubic feet of capacity (total of original decree and first and -7- , .J, --~------------- I~