|
<br />the Conservancy ij~~;~!vas formed with the stated intent
<br />"of the District to contract with the United States, pursuant
<br />to Federal Reclamation laws, for the construction, preserva-
<br />tion, operation and maintenance of a reservoir on the South
<br />Platte river west of Fort Morgan . . . the purpose of this im-
<br />provement is to divert and store waters of the South Platte
<br />river and its tributaries for beneficial use".
<br />
<br />The Narrows Dam and Reservoir is to be constructed
<br />under authorization of an Act of Congress signed into law by
<br />Presidem Richard M. Nixon on August 28, 1970 (Public Law
<br />91-389, 91st Omgress) and in accordance with terms and pro-
<br />visions of a repayment contract to 'be entered into between
<br />the United States as the constructor and title owner and the
<br />Lower South Platte Water Consevancy District as the repay-
<br />ment entity and distributor of the project water supply.
<br />
<br />The information contained in this, and other brochures,
<br />explains the critical role being performed by the District
<br />and the serious responsibilities which have been imposed
<br />upon the fifteen men who serve as directors of this agency.
<br />
<br />POLICY FOR INCLUSION OF LAND
<br />
<br />Lower South Platte Water
<br />Conservancy District
<br />
<br />DISTRICT AUTHORITY AND RESPONSIBILITY
<br />
<br />Lower South Platte Water Conservancy District is a
<br />quasi-municipal corporation and a political subdivision of
<br />the State of Colorado. It was created by a decree of the
<br />District CoU"t of Logan County, Colorado, on May 6, 1964, in
<br />accon! with the provisions of Chapter 15()-5, Colorado Revis-
<br />ed Statutes. 1963, known as the "Wa'ter Conservancy Act of
<br />Colorado". The constitutionality of the Act was affirmed on
<br />May 2, 1938, by a decision of the Colorado Supreme Court in
<br />a quo warranto proceeding commonly known as the Letford
<br />Case.
<br />
<br />The authority .to allol, reallocate, transfer, and dispose
<br />of water by appropriate contracts is given in the statutes to
<br />the Boaro of Directors <>f the District. However, the Boan!
<br />is precluded, by law, from allotting water which gives rise
<br />to beneficial use outside the boundaries of the District. Like-
<br />wise the statutes empower the Boan! to make and enIorce
<br />all ;easonable rules and regulations lOT the management,
<br />control, delivery, use, and distribution of water.
<br />
<br />2
<br />
<br />.....
<br />
<br />.... '.".,
<br />
<br />,_ .3":"
<br />
<br />.' ~.
<br />
<br />However, the Act also imposes upon the Boan! certain
<br />specific responsibilities in reference to the form and manner
<br />in which water supplies may be contracted for USe. Similar-
<br />ly, the right of the District to make perpetual use of project
<br />water supply is contingent upon fulfillment of numerous con.
<br />tractual obligations 10 the United States, including project
<br />repayments and the perpetual care, operation and mainten-
<br />ance of the Narrows Project.
<br />
<br />~
<br />
<br />GENERAL POLICY
<br />
<br />.1
<br />.,
<br />
<br />The beneficial use of water supply allotted by the Dis-
<br />trlct shall be restricted to the area lying within the District.
<br />While the statute authorizes the Board to provide, sell,
<br />lease or otherwise dispose of water for beneficial purposes,
<br />it d~s so - " . . . provided the sale, leasing and delivery of
<br />water. . . shall only be made for use within the Di&trict".
<br />(150.5-13 (19), C. R. S. 1963)
<br />
<br />A. Interpretations and pollcles of the Board of Directors:
<br />
<br />1. The Directors believe the intent of the water allot-
<br />ment restriction was to confine ,the benefits to the
<br />taxpayers and allottees who are the .financial support-
<br />ers of the project and its operations.
<br />
<br />Hence, the Board will not allot water to any organ-
<br />ization or individual unless there is included within the
<br />District boundarles all land provided with water service
<br />through tl\<, water systems or subsidiary systems
<br />owned, controlled, Or operated 'by such organization
<br />or individual and whether such water delivery service
<br />is provided directly, by exchange, or otherwise.
<br />
<br />'~'. :~I
<br />
<br />'1
<br />
<br />2. Since the Water Conservancy Act specifically pro-
<br />vides procedures for the inclusion or exclusion of
<br />lands, the Board must adhere to the statutory proced-
<br />ures for petition, notice, and hearing.
<br />
<br />However, the granting of any petition for inclusion
<br />or eXclusion is a matter for determination by the Board.
<br />The Board's determination in regard to aclion on any
<br />petition is guided by the content of Policy resolutions
<br />adopted by the Board' which set forth specific limita-
<br />tions and conditions for the governing of boundary
<br />changes,
<br />
<br />. I
<br />1
<br />
<br />3
<br />
<br />'. ,,'1
<br />
<br />I
<br />
|