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'- The Amity Mutual Irrigation Company 1494 Attorney' 5 Report To The Amity Mutual Irrigation Company TO THE STOCKHOLDERS OF THE AMITYMlITUAL mRIGATlON COMPANY, During the past .year of operation we have handIed and passed on various legal matters of a more or less routine nature which arise from the o~ration of the type conducted b,y your Companj", In addition to these routine matters, however, the Campan,}' has been involved in, or concerned with, legal problems of a much more serious nature, the present status of which will be reported on briefly herein. From previous reports .you are aware that the Company was sued in the Bent County District Court by Jake o. Broyles, et aI, for damages which arose out of the great rIood of the year 1965. To refresh your memory, the Plaintiff alleges in essence that the Company negligently maintained its dam and headgates and this negligence caused the lands o{ the Plaintiff adjacent theNto to be !looded. Since our last report there have been some changes in the pleadings and we have held a part of the pre-trial conference. The remainder of same is to be held January 9, 1969 at which time the matter will be set {or jury trial in Las Animas. other pending litigation involves the suit filed against us for damages b,y Carl. M. Shinn. In this suit he alle-ges we negligently flooded his land west of the Port of Entry during the years 1964, 1965 and 1967. He seeks substantial damages as well as an injunction to seek to prevent what he alleges as further negligent acts by the Company. This suit has not been set for trial and the time of trial cannot be speculated upon. During the latter part of 1967 the Company insitituted a suit in the District Court of Prowers County asking for a declaratory judgment by the Court. We are asking the Court in effect if we have to carry, or attempt to carry, all the waters from the Wiley Drain which our Canal intercepts or whether or not we can legally build and operate such works as would limit the amount we take and in effect throw the balance over on lower adjacent lands. Page 7