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-i'. <br />~ '~ ~ V L I <br />La Plata County Commissioners %1", '~. i - ~~ ~ •t <br />1060 E second Ave ''~ a~ ~ ~ ', E <br />~; <br />R~~~~eo- <br />nwangn Cotorado s 1301 JUC 2 3 ?004 <br />Re: Dillon Land Use _.... IL: . ~T ~ •~~• ~- - V-, ..:: ! OMsr~4o Mos~ls ~~tc9Y <br />November 6, 2003 j <br />I <br />I <br />This is a follow up letter pertaining to the information that was presented eazlier to the La <br />Plata County Commissioners and Planning Board. I <br />Having investigated further into Animas Ditch & Water Company's (AVDW) Articles of <br />Incorporation and water decrees from the State Wattx.Resource office, "irrigation" use is <br />the only specific water use documented and recarded~ "Storage", "commercial" or <br />"industrial" uses are not listed as water uses. <br />• AVDW water shazes aze for irrigation purposes and cannot be utilized by the <br />Dillon Ranches LLLP for storage water. <br />• No individual shareholder was the authority to reclassify any water into other <br />rues, including storage- Any reclassification requires amending company By-laws <br />and the Letter of Incorporation; and that only with a majority of sttareho[der's <br />approval- <br />s No water shares may be transferred or sold outside the ditch company. <br />Changing of the point of diversion for any AVDW water shares outside the ditch <br />company's recorded point of diversion is forbidden. <br />• All shareholders must abide to the by-laws of the ditch company. <br />I: <br />Previous discussions of evaporation losses during a drought year when water rights may <br />be placed on~aU is no longer an issue since no AVDW water shams will be used as <br />storage. Within the Dillon Land Use project, all responsibility for evaporation los_ces lies <br />with the Dillon Ranches LLLP. <br />To reiterate our posilioq the Board of Directors takes no position regarding the approval <br />or denial of the Dillon project. Otu refusal to allow AVDW water shares to be uses as <br />"storage" water is not a subjective opinion As board~t»etrtbers we are obligated to <br />follow the guidelines and definitions in which the ditch wrtpany was incorporated within <br />the St~at/e of Col If further question arise, pleaseifeel free m contact me. <br />i'~~ ~ i . <br />Sincerely!/ ~ <br />.~ <br />Y <br />Tony Ganzerla <br />Board of Directors <br />Animas Valley Ditch & Water Company. <br />