Please read the below DRAFT resolution that will be presented at the 2011 General Membership meeting for approval.
Please forward any suggestions or comments to one of the board members or the general manager.
Thank you!
DRAFT Resolution No. ____
Whereas, the Colorado Water Protective and Development Association (“Association”) is a
Whereas, the stated purposes of the Association include without limitation to obtain, develop, adjudicate and deliver to, or otherwise provide for the benefit of its members augmentation or other water rights and to acquire, develop and operate a permanent water supply, including but not limited to a supply provided or protected pursuant to a plan for augmentation and/or substitute supply plan.
Whereas, the current Amended and Restated Articles of Incorporation of the Association provide that a “member” of CWPDA shall be a person, corporation, group, or body politic or other entity of any kind, owning or controlling wells situate within the
Whereas, the current Amended and Restated Articles of Incorporation of the Association provide for one class of members, provide that members in good standing shall be entitled to use all augmentation water obtained by the Association, or such portion thereof that the Board of Directors determines, on an annual basis, to be necessary to meet the annual augmentation needs of the members, provide that members shall be entitled to one vote in the Association’s affairs an business, including the election of director and any amendments to the Articles of Incorporation, and provide that except as set forth in article [Fourth]and article Seventh [providing for the Board to establish different assessments for each member class], the rights, privileges and obligations of all members shall be equal.
Whereas the changing water rights acquired or managed by the Association and the demographics of its members have changed over the years and the amendments to the Association’s articles recommended by the Board of Directors is consistent with and shall maintain the privileges and rights of current members at equivalent levels.
THEREFORE,
A. The Board of Directors of the Association, at its regular meeting held on ___________, recommends the following amendment to the members of the Association:
1. Amend the articles to provide for three classes of members described as follows:
a. Class A – members whose member wells are physically located below Pueblo Reservoir;
b. Class B – members whose member wells are physically located above Pueblo Reservoir but not in the Fountain Creek drainage; and
c. Class C – members whose member wells are physically located in the Fountain Creek drainage.
2. Amend the articles to provide that each membership existing as of the amendment shall be recategorized and identified as one of the above classes;
3. Amend the articles to provide that [each member is entitled to one membership and one vote, regardless of the number of member wells that member owns/each member is entitled to one membership and one vote for each member well in the Association].
4. Adjust the operations of the Association to provide that the Association shall allocate its available water to members according to the following general principles, subject to amendment by the Board of Directors:
a. if available water is limited to use in a geographic area, that water shall be allocated to the class or classes of members that can use such water in that geographic area and shall be allocated among the members in that class equally, based on the amount of pumping projected by that member;
b. if available water is limited to use by specific types of wells, for example, to post-1986 wells, that water shall be allocated to the class or classes of members that can use such water and shall be allocated among the qualifying members in such classes equally, based on the amount of pumping projected by that member;
c. subject to the above allocation principles, available water will be allocated among members based on the amount of pumping projected by each member that year;
d. the purchase price or charge to obtain a membership from the Association shall be set by the Board of Directors based on the class of membership; and
e. membership assessments shall be set by the Board of Directors based on the class of membership; and
f. charges and fees for water from the Association shall be set by the Board of Directors based on all relevant factors, including but not limited to the amount of pumping projected, the type of use, if the member supplies water, and the availability of water.
Dated: ______________________
______________________
President, Board of Directors
Attest: _____________________
Secretary