Mamoth Water Deal Transcripts 1932-1939

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?- - 3. the collection ditch diversion of water from the western slope came before the Board, Bashor and C. L. Chatfield his engineer being present came up for discussion as a result of which the following resolution was offered by Elisborry. Whereas under the contract with said Basher he was obliged to construct or cause to be con- structed an adequate and proper collection ditch to divert water from the Western slope through Rogers Pass under his water fillings 9since assigned to the town) which ditch, it appears, was designed, and partially completed, to intercept by itta northerly portion, run off waters naturally flowing into Ranch Creek , and by Its southerly portion waters that naturally flow into Jim Creek; and Whereas, it appears that the said Lidolph has defaulted in the complete performance of his contract in the construction of said ditch and same was not finished by him in the manner required by his contract and the said casualty Company has caused the northerly portion aforesaid of such collection ditch to be completed so as to fullfill its purpose of diverting and carrying the run-off waters from the area above it which otherwise would naturally flow into "anch Creek to the point where it will discharge such waters into a depression or course leading to Jim Creek and is ready also to cause completion of the remainder of the said collection ditch to its coutherly end where it terminatesat Rogers Pass;: and, Whereas recently and since the execution of the said contract between the Town and the said Bashor and the contract between the said Basher and the said Lidolph, the City ,of Denver has taken and is taking active stepa and proceedings to procure funds to construct and finish or pmcure the construction and completion by the United States Government under the Naitonal Recovery Act under a leasing plan,- of the n'Picedfuror water tunnel adjacent to the Moffat Railroad tunnel in order to divert estern slope water from the said Jim Creek and also from Fraser River, and by certain informal conversations with the water board of the City of Denver on behalf of the Town, it appears that a plan of diverting water through Rogers Pass by means of the said system of collection ditches covered by the said contracts may feasibly be changed whereby the said intercepted Ranch Creek waters may be carried ny the said northerly portion of the said ditch only to the water shed bf Jim Creek and thence allowed to flow down to and be entercepted by the diversion works of the City of Denver, as proposed by it on said Jim Creek and thence diverted through said tunnel or water bore and delivered into South Boulder Creek for the Town, providing that the plans of the City of Denver, through its Water Board for diversion, of Western slope waters, through said tunnel or water bore nature and result in the contruttion of its said works and finishing of the said water tunnel or bore and providing the Town is able to make a reasonably satisfactory contract or arrangement with the Water board for the carriage of the Townes said water through said tunnel or bore all of which will require buther time and beyond the present season to determine; and, Whereas , If the said work by the said Casualty Company on the said remaining or southerly portion of the said ditch 8.s not immediately begun and 2inished within the next few weeks, it will necessarily, because of the altitude of the said ditch and the storms to be expected at such altitude in the near future, have to be defered until the summer of 1934. Now, therefore, be it resolved that subject to the approval of the said The New Amsterdam Casualty Company as surety on the bond of said Frank Lidolph for the construction of the Rogers Pass collection ditch under contract from W. 11. Basher