HomeMy WebLinkAbout20130324.tiffTHE RURAL DITCH COMPANY RECEI E.
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NOTICE OF ANNUAL STOCKHOLDERS MEETING
January 21, 2013
Longmont, Colorado
WELD
JAN 25 2
COMMISSIONER...
The regular annual meeting of the stockholders of The Rural Ditch Company will be held
in the "Clover Meeting Room" IN THE CLOVER BUILDING AT THE
BOULDER COUNTY FAIRGROUNDS, 9595 NELSON ROAD,
LONGMONT, CO. 80501. THE "CLOVER" MEETING ROOM IS
ON THE NORTH SIDE OF THE CLOVER BUILDING IN THE
BASEMENTLEVEL at 2:00 p.m., THURSDAY, FEBRUARY 21, 2013 for
the purpose of electing directors for the ensuring year and the transaction of such business as
may properly come before the meeting including adopting Article XIII Changes of River Water
Rights to the bylaws of the Company. The proposed bylaw is enclosed for reference and
recommended by the Board of Directors.
Dan Grant, Secretary/Treasurer
(303) 776-7207
dan@dangrantbookkeeping.com
P.O. Box 1826
Longmont, Co. 80502-1826
Even if you expect to be present, please sign, detach, and mail the PROXY NOW. If you
are present, the Proxy will not be used, but we cannot have a legal meeting unless we have a
majority of stock represented.
X X X
PROXY FOR VOTING STOCK
KNOuL jTHESE PRESENTS, that I (We)(Record Owners of Stock):
(William F. Garcia, Chair) JAN 3 0 2013
do hereby constitute and appoint the President of the Rural Ditch Company, or
Bruce Barker, Greg Nelson, or Steve Nguyen
of Weld County, Colorado as my Agent, and in my name, place and
stead, to vote as my proxy at the annual meeting of The Rural Ditch Company to be held
February 21, 2013 upon all matters that may properly come before said meeting or any
adjournment thereof according to the number of votes I should be entitled to vote if there
personally present.
WITNESS MY HAND, this 30th day of January , 2013
Attest: Clerk to the Board By: Deputy Clerk to the Board
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2013-0324
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Donna Bechler
From:
Sent:
To:
Subject:
DANIEL R GRANT [drgnlg@msn.com]
Wednesday, January 30, 2013 8:35 AM
Donna Bechler
RE: Rural Ditch Company
Sorry for any confusion, but the notice of the proposed by-law change actually took place at the 2012 stockholder's
meeting. I overlooked taking it out of the 2013 meeting notice. I will send you the amendment to the by-laws that was
approved last year.
Dan Grant
(303) 776-7207
From: dbechler@co.weld.co.us
To: dan@ dangrantbookkeeoine.com
Date: Tue, 29 Jan 2013 14:54:12 -0700
Subject: Rural Ditch Company
Mr. Grant,
We received the Notice of Annual Stockholders Meeting from you on January 25th, and are placing it on tomorrow's
agenda for Proxy signatures. The Notice stated the proposed bylaw was enclosed for reference and recommended by the
Board of Directors. We didn't receive the proposed bylaw with the Notice. Could you please e-mail it to me so that we
can include it with the signature page?
Thank you.
Donna Bechler
Deputy Clerk to the Board
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
970-336-7215 Ext 4227
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1
ARTICLE XIII
Changes of River Water Rights
23.1 Any stockholder desiring a change of water right ("Applicant"), including, but not limited to, a
change in point of diversion or place of use of any water that Applicant is entitled to receive as a result of
stock ownership, must first submit a written application for such change to the board of trustees
("Submission"). A change of water right shall include the use of water the stockholder is entitled to as a
result of stock ownership as augmentation water In a plan for augmentation or exchange. The
Submission should detail the requested change and include adequate terms and conditions to prevent
injury to the Company and its stockholders. If, in the reasonable opinion of the board of trustees, the
requested change may be approved without injury to the Company and all of its stockholders, the board
of trustees shall approve the change subject to necessary terms and conditions. In evaluating whether
the requested change can be made without Injury to the Company and its stockholders, the Company
may obtain engineering and legal analyses of the requested change and the terms and conditions offered
by Applicant.
13.2 The Company shall approve or disapprove the Submission within 12o days of receipt.
13.3 No application for approval of a change of water right or plan for augmentation as described
above may be filed In the District Court for Water Division No. 1, State of Colorado (the "Water Court"),
unless the same has first been approved by the Company. If an application has been approved by the
Company, Applicant must Include In its application to Water Court terms and conditions at least as
stringent as those approved by the Company.
13.4 If the board of trustees requires legal and/or engineering services to evaluate the Submission,
such expense shall be paid by the stockholder making such request upon presentation of estimated
expenses by the board of trustees. The board of trustees may require that all or part of the estimated
costs be paid to the Company prior to engaging such services. Payment of expenses for legal and/or
engineering services for any such review shall be limited to actual expenses not to exceed a total of
$2,500.00, adjusted annually beginning on January a, 2013, in accordance with the "U.S. Bureau of Labor
Statistics Consumer Price Index for Denver -Boulder, All Items, All Urban Consumers" or its successor
index for the previous year. The board of trustees may, without penalty or liability, defer any
determination until such condition has been met. The determination by the board of trustees shall be
final, and shall not be subject to revision unless it is proven In a court of law having jurisdiction over water
matters that such determination was made arbitrarily or capriciously.
In the event the Company approves the request, the Company may elect to file a statement of opposition
to the water court application filed by the stockholder to insure that the board's decision Is complied with
In any final decree. If the Company files a statement of opposition to the application, the stockholder
shall pay the Company's actual legal and engineering fees, to Insure such compliance, in an amount not
to exceed $2,500.00, adjusted annually beginning on January 1, 2013, in accordance with the "U.S.
Bureau of Labor Statistics Consumer Price Index for Denver -Boulder, All Items, All Urban Consumers" or
its successor index for the previous year.
13.5 If any portion of this Article XIII is declared void by a court of law, the remaining portions of this
by-law shall remain in full force and unaffected.
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