Mamoth Water Deal Transcripts 1932-1939

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4. the Town of Louisville will agree that the work of ,completion of the said southerly portion of the said ditch, being that portion of the said ditch designed to intercept run-off waters that other. wise naturally flows Into Jim Creek may be deferred until 1934 in proposal of the, Town of Louisville before the Denver Water Board for the running of the water collected from- the area at the head of Ranch Creek through the water tunnel or bore and an agreement made with Denver for such method of diversion and carriage of the Town9s water from said source but that if such arrangement and agreement cannot be made, with Denver, then the liability of the said Basher to the Town under his contract with it and the- liability of said Casualty Company to him on account of said Lidolph to compldtee such work in accordance with contract) to be and remain in effect but that the Town does not by this action waive any riaht or claim against the said Bashor for the completion of such work and ditch pr tjat ot ad)ots amu cpuntatract relation as to the liability for the completion of such work with the said Casualty Company or the said Lidolph . That the purpose de this resolution, is to authorize said Casualty Company for such deferring of work on said southerly portion of said ditch and if acceptance of same is given to him by said Casualty Company in writing that a copy of same shall be furnished, to te own. Also that in the event the Towns proposal to the City of Aenver or its Water Board for the carriage .of its said waters does not result in an agreement either because of the failure of the plans of the City of Denver or its Mater Board to use such water bore or because of the failure of the plans of the City of Denver or its Water Board to use such water bore or because of un. reasonable conditions imposed on the Town for such carriage, all within a reasonable time, thru the liabilit y of said Bashor to cause said ditch to be completed shall at once attahh and be resumed and work on said ditch resumed and completed in due season, Also that in the event such deferriDg of such work for such period is followed by an agreement with the onver Water Board, as aforesaid blIttnoewator 01-n be furnished from such anticipated supply from the Western Slope' due to failure to complete said water bor in 1934 and the Town of Louisville suffers a shortage of water so that it is abliged to purchase other water for its actual needs in 1934, the said Bashor shall reimburse the Town on account of such purchase of additional water but not, to exceed 0250.00 in amount, Nov. 29y 1933 Thereupon the question of ", H. Bashor/ s contract with the Town for the construction of the Mamothe Reservoir and collection ditch for the diversion of water from the Western slope again came Vwfore the board Mr.. Bashor being present. Reference was made to the resolution of the Board adopted on Sept. 27, 1933 and to correspondence with Mr. Bashor, Mr. C. L. Chatfield his engeneer, withthe State -aaigineergs of floe and with Li Ward Bannister as attorney for the New Amsterdam Casualty Company as surety on the bond of prank Lidolph, contractor under Mr. Bashor. The leters from the office of the State Engineer were considered, including its advise under date of November 22nd wherein that office gave final and definite approval of the resevoir dam and as being in accorcance with the plans and specifications for same. A letter from Mr. Bannister of November 25th as such counsel proposing that in view of such approval of the dam and of the approval by Mr. Chatfield of the completion of the Rogers Pass ditch from its upper or northerly end contained in Mr. Chatfieldgs letter of Nov. 9th to The Town Clark that of the sum of $1y625.00 still unpaid under the Bashor contract by the Town, the 4wn now pay to Mr. Basher and to the Causally Company by a joint check in the sum of $1, 065.00; that $60.00 thereof held and paid by the town for the work cone in clearing the reservoir basin the past summer; and that the town es