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<br />: I ("..,.'~,' <br />~. t...; _:. '_ .. <br /> <br />. <br /> <br />. <br /> <br />transmission facilites within City streets, alleys, or <br />other rights of way will require a permit, issued by tne <br />City of Montrose, which would set out the incidents and <br />benefits of that use. <br /> <br />h. Excavation permit: The construction of the pipeline within <br />any City street, alley or other right of way wi 11 require <br />an Excavation Permit subject to the terms of the Montrose <br />City Code. This permit will be issued by the City of <br />Montrose. <br /> <br />;. Underground and Utiliity Permit: This permit will be <br />required by the Montrose County Board of Commissioners to <br />construct the project through County road crossings and <br />rights of way. <br /> <br />(ii)The ~teps 'which the applicant has taken or plans to take to comply <br />with each of the laws cited above are: <br /> <br />a. The Applicant will prepare and submit a "404" Permit <br />Application to the Corps of Engineers and the State 'Hater <br />Engineer upon the completion of the project conceptual <br />design (see Exhibit C, Figure C-l). It is anticipated that <br />the processing time for review of these permit applications <br />will be approximately 180 days. <br /> <br />b. The UVWUA presently co~rols all water rights to the use of <br />waters from the Gunnison and Uncompahgre Rivers which wi 11 <br />be needed for the project. These rights were adjudicated <br />to the UVWUA under Decree No. 110, Priority No. 11 1/4, on <br />June 1, 1901, in the amount of 1300 cfs. In addition to <br />this Decree, the UVWUA was granted a conditional decree to <br />divert water from the Gunnison River during the <br />non-irrigation season. This decree was granted on Apri 1 <br />22, 1981, and bears a date of July 18, 1980, as the <br />initiation of appropriation. <br /> <br />c. The Colorado Nonprofit Corportation Act provides that a non <br />profit corporation may be organized "for any lawful purpose <br />including, without being limited to" certain specified <br />purposes. Furthermore, it provides that a non-profit <br />corporation is entitled "to have and exercise all powers <br />necessary or convenient to effect any or all of the <br />purposes for which the corporation is organized." Section <br />1 of Article IV of the articles of incorporation of the <br />Uncompahgre Water Users' Association, as amended in 1927, <br />provides in part: <br /> <br />"The purpose of which this Association is organized <br />and the general nature of the business to be <br />transacted are. ..to own, use, sell, transfer, convey, <br />maintain and operate any.. .electric or other power <br />plant and transmission 1 ines and property, both real <br /> <br />15-3 <br />