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<br />.' <br /> <br />ce <br />t <br /> <br />~ <br /> <br />c. <br /> <br />- 9 - <br /> <br />of project v:aterr one mill, being the r-ate after such project TIater becomes <br />available, and prior- to the time of any deficiency or default; and one and one- <br />half mills in the event of default or deficiency. Levies in any of these three <br />categcdes may be less but cannot exce8c' these figures. <br /> <br />13. Attention is directer:l to Page 24, the item captioned "I.:unicipa1 and <br />industrial water, municipal supplies (JS,aaa ac. - ft. at various rates)." It <br />is respectfully pointed out that it may be some years before this amount of <br />water is utilized and that the quantity ~~dicated is but an est~ate which may <br />be exceeded ultimately. The authorization of the project should not preclude <br />the possibilitc" of chargine municipalities loy:er rates durin(; the period of <br />time that such water is not actuallc" required for the municipal needs. Pueblo <br />might ultimately require ten thousand acre-feet and desire at the outset to <br />commit herself for the immediate purchase of five thousand acre-feet. Until <br />such time as she actually requires ten thousand acre-feet of water, she should <br />not be charged therewith at the proposed rates. The project authorization <br />should permit charging lower rates until the ~ater is used for municipal pur- <br />poses. <br /> <br />14. Attention is directed to paragraph 70 on Page 25. It is respectfully <br />suggested that the report makes no reference to potential evaporation savings <br />by moving shallow plains storage reservoirs upstre.am and storing the same <br />quantities of water at higher altitudes. <br /> <br />15. Attention is directed to a statement in the middle of Page 38, reading: <br /> <br />"Such contracts should include provisions for the right of rene\7al <br />thereof once or more than once under stated terms and conditions <br />mutually agreeable to the parties and subject to increase or decrease <br />in rates corresponding to increase or decrease of cost of construction <br />and of operation, maL,tenance or improvement or deterioration in the <br />payment ability of the water users." <br /> <br />This sentence must be reconciled with the existing Colorado law which is <br />set forth in Chapter 266 of the Session Laws of Colorado 1937, being Section <br />19 thereof, which requires the petition for allocation of water filed by the <br />water user and addressed to the Conservancy District to contain therein the <br />charge to be imposed for each acre-foot of water. The statute requires the <br />petition to contain the following: (1) nane of applicant, (2) quantity of <br />water to be purchased or otherr,~se acquired, (3) descriptions of lands upon <br />which the water will be used and attached, (4) price per acre-foot to be <br />paid, (5) whether payments will be made in cash or annual installments, <br />(6) agreement that the annual installments and the charges for maintenance <br />and operating shall become a tax lien upon the lands for which such water <br />is petitioned and allotted and to be bound by the provisions of this act <br />and the rules and regulations of the Board. ~lhile it was contemplated <br />initially that the price <br /> <br />------- -----._._~--~~- <br />