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.
Workshops 
