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<br />Annual Report for 1973 <br /> <br />Attorney' 5 Report <br />To <br />The Amity Mutual Irrigation Company <br /> <br />TO THE STOCKHOLDERS OF <br />THE AMITY MUTUAL IRRIGATION COMPANY <br /> <br />In preparing this report. I was glancing through the report prepared by <br />the attorney (or the Ft. Lyon Canal Campanj and the first sentence of hi... <br />report reads as (ollows: "canal companies seem to be involved in a lot of <br />litigation. and the Ft. Lyon Canal Company is no exception." <br /> <br />This would certainly be an appropriate sentence with which to begin my <br />report to the Stockholders of the Amity since we are certainly no exception <br />when it comes to litigation. <br /> <br />During the past year we have, as usual. handled various legal maller!', <br />of a more-or-Iess routine nature which arise from time to lime in cun- <br />neeLion with the operation of the Company. Howe\'er. the most jmpurlant <br />items are of course litigation in which we are involved. <br /> <br />In the case of Shinn 'IS. Amit;y which has been reported on each year <br />since its inception there has been no additional action Laken and no trial <br />mte has been set. <br /> <br />rn the case of Inman 'Is. Amity the Plainti[[ has amended his compJajnl <br />to include a claim Cor damages in the break of the canal to go back to a <br />period when we were covered by insurance. Therefore, to the extent of that <br />claim, this case is being defended by our insurance company by the use of <br />their attorneys, Phelps, Fonda, Hays, Farley, Abram & Shaw of Pueblo. By <br />the time of the annual meeting, we will have had a pretrial conference on <br />this matter and probably a trial will be set. In the case, of course, has <br />been reported on in other annual reports and involves a claim Cor damages <br />arising out oC at least two breaks oC our canal at different times which <br />allegedly damaged Mr. Inman's land. <br /> <br />There is now pending an application by the game and fish department to <br />transfer water rights which the Slate obtained from the Catlin Canal by the <br />purchase of water rights Crom some of its stockholders. It is the intention <br />that this water would be relocated Crom the lands now being irrigated under <br />the Catlin by transferring said water to John Martin Reservoir to be used <br />for a recreation pool. It appears that there are no operating arrangements <br />with the State of Kansas and Colorado in connection with the operation of <br />such a pool. Other serious legal problems are involved, one of which being <br />the moving of the water rights out oC the canal and leaving the other stock- <br />holders to carry the burden oC the expense of the canal. This latter con- <br />sideration, DC course. is not the primary concern of the Amity, but is rather <br />a sideline. <br /> <br />Pa&e 6 <br />