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Home My WebLink About20073865.tiff IRRIGATION OFFICE 106 ELM AVENUE P.O. BOX 206 TELEPHONE 454-3377 EATON, COLORADO 80616 Larimer& Weld Irrigation Co. Lucas Lateral Ditch Co. &Weld Reservoir Co.rimer Town Boyd Lateral Co. CC, Inc. For Far Lateral Co. I Creek Supply &Irrigation Co. Gale Lateral Co. Cache La Poudre Water Users Ass'n. West Irrigation Co. Divide Canal & Reservoir Co. Decker Lateral Co. Graham Lateral Co. Weld County Commissioners 915 I 0th Street Greeley, Colorado 80631 Re: Decker Lateral Ditch Company Dear Sirs: This communication is pursuant to communication with the Weld County Department of Planning & Zoning regarding a plat submitted for review by Mr. Jake Simmons. I spoke personally with Department representatives and reported that the Decker Lateral Ditch does not, in fact, cross or border any portion of Mr. Ron Farmer's or Jake Simmon's property as had been indicated on the plat map. We requested that this version of a plat depicting an extension of the canal not be recorded as it would be damaging to the Company to indicate that the Decker Lateral would be so extended. • We have included, for reference, a copy of our Articles of Incorporation in which the legal description of the canal is noted in Article XIV. As you will note, Mr. Farmer's and Mr. Simmon's property is in Section 20 and this ditch does not cross or border this section in any way. Feel free to contact us should you have additional questions or concerns. Resptfully Submitted, RAYMOND ANDERSON, PRESIDENT,DECKER LATERAL COMPANY, Raymond Anderson RA/kn xc: Weld County Dept of Planning & Zoning Donn Engel, Secretary, Decker Lateral • EXHIBIT E 2007-3865 ()s2 /loa3 AMENDED AND RESTATED ARTICLES OF INCORPORATION OF DECKER LATERAL COMPANY By a unanimous vote of a quorum of the shareholders of Decker Lateral Company, a Colorado nonprofit mutual ditch company, said shareholders being natural persons of the age of 18 years or more, pursuant to the Colorado Revised Nonprofit Corporation Act, the following Amended and Restated Articles of Incorporation for such Corporation have been adopted this 3'd day of February, 2007: ARTICLE I Name of Corporation The name of the corporation is DECKER LATERAL COMPANY ARTICLE II Period of Duration The corporation shall have perpetual existence. • ARTICLE III Purpose and Powers 3.1 Purposes. The corporation is organized as a non-profit mutual ditch company pursuant to Colorado Revised Statutes Section 7-42-101 et seq. The purpose of the corporation is to own and operate a lateral ditch used to transport and carry the water of its respective members derived by them from their ownership of stock in certain mutual ditch companies, namely the Larimer and Weld Irrigation Company, the Windsor Reservoir and Canal Co and its successors in interest, and from allotments of water from Northern Colorado Water Conservancy District, from the Cache La Poudre River, the Colorado River and other sources and to engage in any lawful activity incident thereto. 3.2 Powers. The corporation shall have all of the rights, privileges and powers now or subsequently conferred on,mutual ditch companies and nonprofit corporations by the laws of Colorado. The corporation shall have and may exercise all powers necessary or convenient to affect any of the purposes for which the corporation has organized. • 1 • ARTICLE IV • Membership and Capital Stock 4.1 Membership Qualifications. The corporation shall have one class of members and the qualifications and rights of the members shall be further set forth in the bylaws. -Any person or entity owning capital stock in the corporation, as reflected in the corporation's records, shall be a member. 4.2 Capital Stock. The aggregate number of shares of capital stock that the corporation is authorized to issue is three hundred (300) shares of common stock with no par value. The capital stock, including both authorized but previously unissued shares as well as treasury shares, may be issued for consideration as shall be fixed from time to time by the board of directors. The consideration for the issuance of the shares maybe paid, in whole or in part, in money, or other property, tangible or intangible, or in labor or services actually performed for the corporation, according to the laws of the State of Colorado. In the absence of fraud in the transaction, the judgment of the board of directors shall be conclusive as to the value of consideration received. No certificate shall be issued for any share until such share is fully paid. Each holder of shares shall be entitled to a certificate signed by the President or any Vice-President and the Secretary of the corporation, certifying the number of shares owned by him or her. The certificate shall comply with the laws of the State of Colorado on the date of its issuance. Shares shall only be transferable only on the books of the corporation upon surrender of the certificate or certificates representing the shares, properly endorsed. The corporation may charge a reasonable fee and all costs incurred in any transfer. Only whole shares may be issued and transferred. 4.3 Rights of Membership. The rights and interests of members shall be determined in •proportion to their business in the corporation. A member's business in the corporation shall be determined exclusively by his or her share ownership on a pro rata basis. Members shall have the right to receive services from the corporation substantially at cost, to receive a return of any excess of payments over losses and expenses, and to share in any assets upon dissolution. Members must have a minimum of two (2) shares to be entitled to the use of the corporation's facilities for the delivery of water. 4.4 Membership Voting. Each member is entitled to one vote per share owned on each matter submitted to a vote of members. 4.5 Election of Directors. The directors shall be elected by a majority vote of the members. Cumulative voting shall not be permitted in the election of directors or otherwise. Unless otherwise ordered by a court of competent jurisdiction, at all meetings of members representing one-tenth of the shares,represented in person or by proxy, shall constitute a quorum of that voting group. ARTICLE V Bylaws The bylaws of the corporation shall be adopted by the board of directors. The board of directors . may alter, amend or repeal the bylaws as provided therein. 2 • ARTICLE VI Restriction on Transfer of Membership The board of directors may adopt provisions in the bylaws which will impose reasonable restrictions on the transfer of memberships or stock in the corporation. ARTICLE VII Registered Office and Agent The address of the current registered office of the corporation and the name of the current registered agent at that address is Donn Engel, 106 Elm Street, Eaton, Colorado 80615. ARTICLE VIII Principal Office The principal office of the corporation is presently located at 106 Elm Street, Eaton, Colorado 80615. ARTICLE IX • Board of Directors 9.1 Directors. The corporation shall have three directors who shall serve as its board of directors. The names and addresses of the directors who are to serve until a successor or successors are elected and shall qualify are: Raymond Anderson 33796 WCR 57 Gill, Colorado 80624 Don McClain 33899 WCR 55 Gill, Colorado 80624 Kenneth Starman 33431 WCR 53 Gill, Colorado 80624 9.2 Increase or Decrease of Directors. The board of directors of the corporation may be increased or decreased at any time by adoption of or amendment to the bylaws, but no decrease shall have the effect of shortening the term of any incumbent director. In the absence of any provision in the bylaws fixing the number of directors, the number shall be the same as provided in these Articles of •Incorporation. 3 • ARTICLE X • Indemnification of Directors The corporation shall indemnify its directors to the full extent permitted by Colorado law. ARTICLE XI Limitation of Liability 11.1 Breach of Fiduciary Duty. The personal liability of a director to the corporation or its members for monetary damages for breach of fiduciary duty as a director is limited to the full extent provided by Colorado law. 11.2 Obligations of Corporation. The directors, officers, employees and members of the corporation shall not, as such,be liable on its obligations. 11.3 Wanton and Willful Acts. Directors shall not be liable for actions taken or omissions made in the performance of corporate duties except for wanton and willful acts or omissions. 11.4 Conflicts of Interest. To the full extent permitted by Colorado law, as now in effect and as amended from time to time, no contract or other transaction between the Corporation and one or more of its directors or officers, or any other corporation, partnership, association or other organization in which di one or more of its directors or officers are directors or officers or have a financial interest, shall be either void or voidable solely for that reason or solely because the director or officer is present at or participates in a meeting of the board of directors or the committee thereof which authorizes, approves or ratifies such contract or transaction or solely because their votes are counted for such purpose. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or of a committee thereof which authorizes, approves or ratifies such contract or transaction. ARTICLE XII Income 12.1 Reserves. The corporation's income is intended to be used for the purpose of meeting losses and expenses. Excess income may be retained in reasonable amounts for purposes of expanding or maintaining facilities, retiring capital indebtedness, acquiring other assets or other reasonable capital projects as determined in the discretion of the Board of Directors. The corporation shall maintain records sufficient to reflect the equity of each member in the assets acquired with the funds. Any excess income not retained in reasonable reserves for future losses and expenses shall belong to members in proportion to their respective stock ownership. 12.2 Dividends. Shares of the corporation shall not carry the right to dividends. • 4 ARTICLE XIII • Distribution of Assets on Dissolution 13.1 Distribution. Upon dissolution of the corporation, gains from the sale of appreciated assets and other assets of the corporation shall be distributed to all members in proportion to their respective stock ownership at the time of dissolution after the payment of applicable liabilities. 13.2 Member Rights. The bylaws of the corporation shall not provide for forfeiture of a member's rights and interest upon withdrawal or termination. ARTICLE XIV Legal Description of Facilities The facilities of the corporation shall include the existing Decker Lateral channel,as long established as follows: beginning at a point in the Southwest quarter (SW %) of Section 4, Township 6 North, Range 64 West of the 6th P.M. and continuing into the Northwest Quarter (NW '/) of Section 9, from thence into the Eastern Half(1/2) of Section 8 and passing thru the Southwest quarter (SW '/<) of Section 9 West of Howards Lake, thence into the Western Half(W 'h) of Section 16 entering Section 16 at or about the Northeast corner of the Northwest quarter (NW 'A) of said Section 16, thence in a southwesterly direction across the Northwest quarter(NW '/) of said Section 16 to a point at or about the &Northwest corner of the Southwest quarter (SW %) of Section 16; thence turning in a southeasterly direction across the Southwest quarter (SW '/) of said Section 16 and terminating at a point situated at or about six hundred (600) feet more or less east of the Northwest quarter (NW '/) of the Northwest quarter (NW ' ) of the Northwest quarter(NW '/) of Section 21. ARTICLE XV Tax Exempt Corporation This corporation is organized as a nonprofit corporation under the Colorado Revised Nonprofit Corporation Act, as it may be amended from time to time. In addition, the corporation shall have all of the rights and powers of a ditch company granted by Article 42 of Title 7 of the Colorado Revised Statutes pursuant to C.R.S. §7-42-101(2). The terms of these Articles shall in all cases be interpreted in a manner consistent with such provisions. In the event the terms of these Articles conflict with the terms of C.R.S. §7-42-101 et seq. or the Colorado Revised Nonprofit Corporation Act then such statutory authorities shall control. In the event of a conflict between the statutory authorities, the statutes shall be given precedent in the following order: 1. C.R.S. §7-42-101 et seq., • 2. Colorado Revised Nonprofit Corporation Act. 5 ARTICLE XVI • Amendments The Corporation reserves the right to amend its Articles of Incorporation from time to time in accordance with the Colorado Revised Nonprofit Corporation Act. The undersigned consents to the appointment as the registered agent of Decker Lateral Company. erto Donn Engel • • 6 • The (a) name or names, and (b) mailing address or addresses, of any one or more of the individuals who ause this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused, are: Timothy J. Dow, 323 S. College Avenue, Suite 7, Fort Collins, Colorado 80524 • • 7 United States Department of Agriculture MRCS Natural Resources Conservation Service 970-356-8097,ext3-OFFICE • Greeley Field Office 970-351-0392-FAX 4302 W 9E"Street Rd www.co.nres.usda.gov Greeley,CO 80634-1317 nicholas.trainor@co.usda.gov December 11, 2007 To Whom It May Concern, Regarding Ron Farmer's application for 2008 Environmental Quality incentives program. Ron has an application on file with the NRCS to cost share an irrigation improvement project on his farm. The application is going through a ranking process which evaluates projects based on national, state, and local conservation priorities. This project includes replacing two dirt ditches with concrete ditch. These two ditches should reduce seepage and allow Ron to improve the irrigation efficiency on his farm. Along with improving the irrigation efficiency on his farm, the project will also allow him to utilize a portion of the farm that was abandoned due to an unsettled dispute with a neighboring farmer. Please call with any questions. Sincerely, • Nick Trainor Range Management Specialist • EXHIBIT F • File contains oversized map • Please see original file • 111111.11111111111111 ' . • V ,, , .w r 41e 1 ft tat a • • 1.11 .01:11*.• • • EXHIBIT I14-- I!I* t4 . 1 I PT I Fr i( itii9 a sr5 •--> - ,ri'la r:�_` � "�' anir4 i'later-- ? • • �7 ,, - � . = -f� iir14=41'ftrre-41e 4-:*7• . � EXHIBIT .v t� A -lV'Y >-yJ"til-.$•_'^`f�} vrrt �n 71.. +' *Jr,* , y:• • • • - '* I4 • lt Memorandum TO: Roger Caruso, W.C. Planning DATE: December 19, 2007 C FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment CASE NO.: USR-1623 NAME: Jacob Simmons The Department recommends the following additional conditions be added: 1. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency(EPA)for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). 2. Adequate toilet facilities (portable toilets) shall be provided for special events. • • EXHIBIT 1 T. 1 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS DECEMBER 7, 2007. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, ROGER CARUSO, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1623 IN THE AGRICULTURAL ZONE DISTRICT. Name of Pe n sting Sign — Roger Caruso I • Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) J hp l�n nn47 The foregoing instrument was subscribed and sworn to me this r q day oft �f'.C `' Y l, "--,1 2007. WITNESS my hand and official seal. i6t/t 'llt) IciA)-> Notary Public BILLIE J. 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