Laserfiche WebLink
<br /> <br />196~) <br /> <br />ATIORNEY'S REPORT <br /> <br />, <br />We are pleased' to report to the stockholders concerning the following legal <br />matters which affect,ed The Fort Lyon Canal Company during the past year and the <br />present status of those cases which are stili pending. <br /> <br />Trinidad Reseritolr Water Applications. We advised you at the last Annual <br />Meeting that the Colorado Supreme Court in October 1991 entered a decision which <br />cancelled a 39,000 acre foot storage right in Trinidad Reservoir. After that decision, <br />the Purgatoire District proceeded to triai on another storage application which was <br />also cancelled by th$ Water Court in Pueblo in a decision entered in April 1992. This <br />ruiing was again up~eld by the Colorado Supreme Court in its decision entered in <br />September 1993. AI~o, a three week trial set in Water Court in July 1993 was vacated <br />when the Court rul$d that the Purgatoire District must obtain the consent of the <br />Bureau of Reclamat'ion, State of Kansas, and Arkansas River Compact Administra- <br />tion before attempting to amend the Operating Principles of Trinidad Reservoir. <br />These favorable rulings were obtained through a joint defense consisting of Fort <br />Lyon, Highland Irrigation Company, and the District 67 Ditch Association. <br /> <br />Queen Storage RI9ht - John Martin Article III ApDllcations. You are aware <br />that your Company flwns a 5,483 acre foot storage right in Queen Reservoir, which <br />has unfortunately tieen the source of much litigation and dispute with the Amity <br />Mutual Irrigation Cofr,pany. The Fort Lyon has been receiving part of its interest of <br />this water right thrqugh the Winter Storage Program by storage in John Martin <br />Reservoir pursuant \0 Article III of the 1980 Operating Agreement approved by the <br />Arkansas River Cotnpact Administration. Fort Lyon is seeking confirmation of its <br />rights in Water Couh, together with the rights for alternate storage in Adobe Creek <br />Reservoir and Horse Creek Reservoir as well as direct flow through the Fort Lyon <br />main canal. The W",ter Court is expected to issue a preliminary decision in the near <br />future and if the case is not resoived, trial will be scheduled in 1994. <br /> <br />Kansas v. ColOrado Litigation. The State of Kansas, alleging a material <br />depletion of water ~hich would constitute vioiation of the Arkansas River compact <br />signed in 1948, fileg suit against the State of Colorado In the U.S. Supreme Court in <br />1985. Trial oftheca$e and presentation oftestimony and exhibits was completed last <br />December. The claims involved are very substantial, with the State of Kansas <br />alleging i1iegal depletions of nearly 500,000 acre feet over the period from 1950 to <br />1985. A PreliminarY Ruling is expected from the Special Master in the near future, <br />but a final decision by the U.S. Supreme Court wili likely take several years. <br /> <br />Emplovee Lltil/atlon. As a result of numerous federal and state statutes which <br />protect employees ,from harassment, discrimi~ation, and other conduct based on <br />age, race, sex, andjreligion, there has been a nationwide increase in litigation when <br />employees are de"loled, suspended, or terminated. Your Company is no exception, <br />as four complaints ljIere filed with Colorado Civil Rights Commission, National Labor <br />Relations Board, arid the Occupational Safety and Health Administration. The claim <br />involving the Civil Rights Commission was resolved through reinstatement and <br />settlement of back pay. The complaints fiied with the NLRB and OSHA were <br />dismissed prior to trial. <br /> <br />8 <br />