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Bylaws for Ditch Companies PDF Print E-mail
BYLAWS FOR DITCH COMPANIES

When:  Tuesday, November 10, 2009
             1 p.m. to 5:30 p.m.
Where:  Four Mile Community Club Building
             Corner of East Main & Steinmeier
             Cañon City, Colorado
Cost:     $50 for DARCA/CWC members;
             $100 for non-members

Four ways to register:


1.  Phone: (970) 412-1960
2.  Mail check or credit card information to:  1630A 30th St., #431 Boulder, CO 80301
3.  Fax credit card information to: (303) 516-1202
4.  Through Google Checkout
The Bylaws Workshop will be interactive and will focus on improving and modernizing ditch company bylaws, including the following:
  • The history and development of ditch company by-laws
  • The legal and practical distinctions among a company’s governing documents, including articles of incorporation, bylaws and ditch company rules
  • Sample bylaws and alternative bylaw provisions
  • Allowable restrictions on shareholders’ right to transfer shares and to lease rights to water, including discussion of “Caitlin” bylaw provisions, rights of first refusal and other restrictive measures
  • Use of rules and bylaws to establish maintenance and repair procedures and limitations on changes to the ditch and the maintenance easement area
  • Penalties and other means for enforcement of rules and bylaws
  • Addressing issues related to maintenance of laterals in rules and bylaws
  • Shareholder communications and communications with other affected land owners regarding ditch operations and maintenance
  • Use of bylaws to address the increasingly complex issues related to well augmentation, recharge facilities, leasing of water, and leasing or selling storage for water
  • The role of bylaws in addressing issues such as “ag to urban” transfers including allocation of legal and other expenses of ditch company and non-transferring shareholders arising out of proposed transactions
  • Whether a ditch company’s governing documents can be structured to reduce the risk of eminent domain takings during drought years
    These issues as well as issues raised by participants will be considered from the perspectives of both the individual shareholder and the ditch company.

    Carol Werner is an attorney in Northeastern Colorado ( ) and is the secretary/treasurer and a shareholder in The Tetsel Mutual Ditch Company, and a member of the DARCA Board of Directors.

    Eve Triffo is retired California Lawyer and is currently a consultant in Southern Colorado ( ), as well as a shareholder in the Cañon City and Oil Creek Ditch Company, a member of the DARCA Board of Directors, and a member of the Executive Committee of the Sangre de Cristo RC&D Council.

    DARCA’s Bylaws workshop for Ditch Companies is sponsored by The Chaffee County Cattlemen’s Association, The Lower Arkansas Valley Water Conservancy District, and The Upper Arkansas Valley Water Conservancy District.


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