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,~ President Eckhardt appointed Sam Frank, Dewey Zabka and Terry Weide- man as a committee to help investigate ownership interest in con- tributing to this project. The FIDCO Board called for the approval of Resolutions of the Stockholders as per attached exhibit. and are made a part of these minutes as requested by Colorado Water Conservation Board. Randy Waddle made a motion to accept these resolutions and was seconded and upon voice vote was approved. The President stated the next order of business was discussion and information regarding access to a headgate and check and the unwill- ingness of Todd McCormick to allow access through his yard to the company headgate and check. The President reported that an agree- ment similar to that requested by Todd McCormick's attorney except for the company's requirement of a permanent access easement as opposed to a "license to use" was presented to Todd McCormick and apparently not signed. Mr. McCormick stated he had legal papers which said he owned all the land including the Ditch Company ROW. He was challenged to produce and show papers which he would not do. Mr. McCormick demanded the company use only the ROW along 50' ease- ment from Road 36 to access headgate and check for cleaning, burning measuring and all other services necessary. Mr. McCormick contends 50' easement is not measured from the center line of ditch and therefore the use of the road alongside ditch can be used to access headgates and check. This is the only section within the ditch from head to tail that has a 50' ROW. The Board contends that a road has not been available until recent years since excess dirt has been leveled and recently used. Recent measurements from the center of the ditch indicate possibly dirt placement on other landowners property may be possible. Affi- davits by three previous ditch riders and tenants indicate tradi- tional use of access has been through Todd McCormick's yard. The FIDCO Board contend that access must be made available to company to prevent potential liability if the check and headgate cannot be serviced and cleaned and since a center pillar is used by the bridge across the ditch contrary to company rules. It must be cleaned, observed regularly as well as for the equitable distribution and delivery of water. The Board contend use of road alongside of ditch is not adequate or safe under certain weather conditions coincident with the need to quickly access headgate and check. The Board has two possible options to correct this situation: l)purchase addition- al land along side ROW to allow access to McCormick headgate and check. 2) Condemnation of access through court action of tradition- al use of road through the McCormick farm. Both options would cost at least a minimum of $5,000 and possibly a good deal more. The Board is also concerned with establishing a precedent by pursuing either method of providing access for other Stockholder access problems.