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<br />. <br /> <br />. <br /> <br />3. APPROACH. Based on the results of Gxant No. <br />5-AG-40~02800, issued to ONCB on July 26, 1985, the most <br />appropriate organizational structure for accomplishing the <br />goal discussed above under Colorado Law and in a manner that <br />is acceptable to local water users is to utilize the existing <br />irrigation districts and irrigation company. Letters of <br />intent have been received from each entity indicating a <br />desire to assume responsibility for the salinity control <br />improvements proposed in the BOR recommended plan for the <br />irrigated lands served by their respective canal systems. <br /> <br />This Cooperative Agreement would specificallay involve a <br />thorough legal review of existing bylaws and applicable state <br />statutes to insure that each entity has adequate powers and <br />authority to obtain ownership of the lateral system. <br />Attorneys representing the participating entities would <br />conduct this review and submit a report to the ONCB <br />summarizing the entities' legal status. If required, bylaws <br />would be modified and/or state statutes amended by <br />legislative action. Additionally, the entity's accounting <br />procedures would be audited and modified, if required, to <br />achieve a level of financial accountability sufficient to <br />administer a construction cooperative agreement in compliance <br />with A-I02 accounting procedures and subsequently operate the <br />laterals in conformance with the Colorado River Basin <br />Salinity Control Act (Public Law 93-320). <br /> <br />Following confirmation that each entity has the legal <br />capability to participate at the necessary level, <br />negotiations would be conducted with each participating <br />entity, the CWCB, and the BOR to develop draft cooperative <br />agreements. <br /> <br />CWCB will retain a local representative to coordinate the <br />preparation of draft cooperative agreements between the BOR <br />and each participating entity, approved "as to form" by the <br />respective board of directors. Said agreements to obligate <br />the entity to secure rights-of-way, construct, operate, <br />maintain, and allow inspection of the salinity control <br />improvements, are subject to final agreement with the BOR <br />concerning the cost of providing the above services and <br />congressional funding. <br /> <br />11 <br />