Frequently Asked Questions

Rainbow Park Water Company is a shareholder-owned irrigation water provider serving the agricultural community in Florence, Colorado. The company was established in 1912, making it over a century old.

Founded by Reginald H. Barratt, Rainbow Park Water Company was created to provide essential irrigation water to the newly developed Rainbow Park Addition. Barratt purchased land from the Boston Land & Cattle Co. and the Florence Oil & Mfg. Co. to create this addition, with the vision of transforming arid land into productive agricultural plots.

The company's primary function is to maintain and operate an extensive network of ditches and pipelines that deliver water to its shareholders' properties. It manages water rights acquired from the Union Ditch Co., ensuring a steady supply of irrigation water to each tract of land within its service area.

For over a century, Rainbow Park Water Company has played a crucial role in supporting local agriculture and fostering community growth in the Florence area. It continues to adapt to changing environmental and economic conditions while remaining committed to its original mission of efficiently managing and distributing water resources to its shareholders.

The service area of Rainbow Park Water Company is specifically defined as follows:

1. The original boundaries of Rainbow Park Addition, which includes Lots 1 through 197.
2. Additional properties that were included as a result of transfers approved prior to October 1998. These additional properties are limited to portions lying south of the Arkansas River.
3. The service area is described in detail in the records of Fremont County, Colorado.

The company's bylaws stipulate that water cannot be used outside of this defined service area. This restriction ensures that the water rights are used within the intended region and maintains the integrity of the company's operations.

The service area is primarily located in or near Florence, Colorado, which is part of Fremont County. While the exact dimensions aren't provided, it's clear that the area is bounded by the Arkansas River to the north and includes both the original platted lots of the Rainbow Park Addition and some additional properties that were approved for inclusion over time.

This defined service area helps the company manage its water resources effectively and ensure that its services are provided to eligible landowners within the designated region.

The water share system at Rainbow Park Water Company operates as follows:

1. The company operates under a system of 600 shares. Each share represents a pro-rata portion of the company's water rights, which were originally acquired from the Union Ditch Co.
2. Shareholders own these shares, which entitle them to a proportional amount of the available water for irrigation purposes.
3. Water distribution is managed using a rotation method. This ensures equitable distribution of water based on shareholdings.
4. The amount of water available per share can vary from year to year, depending on factors such as snowpack, runoff, and overall water availability.
5. Shareholders are responsible for maintaining their own infrastructure (like headgates and boxes) to receive their allotted water.
6. The company employs a dedicated ditch rider who manages the water delivery system, working closely with shareholders to address their irrigation needs while adhering to established delivery policies.
7. Shareholders are typically expected to participate in the company's operations, which may include attending annual meetings, work days, and potentially serving in roles such as ditch captain in smaller associations.
8. Annual maintenance costs are usually shared by association members in proportion to the number of shares they hold.
9. Water rights associated with these shares are considered private property rights in Colorado. They can be sold or inherited, with prices varying according to supply and demand.
10. Any changes in water use or transfers of water rights typically require approval from the water court to ensure other water rights holders are not adversely affected.

This system allows for fair distribution of the available water resources while maintaining flexibility to adapt to changing conditions and shareholder needs.

The Doctrine of Prior Appropriation, also known as the Colorado Doctrine, is a fundamental principle in Western water law that governs water rights and distribution. Here's an explanation of the doctrine and its impact on Rainbow Park Water Company's water distribution:

• Definition
  The Doctrine of Prior Appropriation is based on the concept of "first in time, first in right." This means that those who first put water to beneficial use have the senior (oldest) rights to that water.
  
  
• Historical context
  This doctrine originated during the California gold rush in 1848 and was adopted in Colorado during the 1859 gold rush. It became law in Colorado with the writing of the state constitution in 1876.
  
  
• Priority system
  Water rights are prioritized based on the date they were established. Older (senior) rights have priority over newer (junior) rights.
  
  
• Impact on water distribution
  During times of water shortage, senior water rights holders are entitled to receive their full decreed water amount before junior rights holders receive any water. A senior rights holder can place a "call on the river," requiring upstream junior rights holders to stop diverting water until the senior user receives their full entitlement.
  
  
• Application to Rainbow Park Water Company
  The company's water rights, originally acquired from Union Ditch Co., have a specific priority date. In times of water scarcity, the company's ability to divert water may be affected by calls from more senior rights holders on the Arkansas River. Conversely, the company may be able to place calls on junior rights holders to ensure its water supply.
  
  
• Shareholder implications
  The priority of the company's water rights directly affects the amount of water available for distribution to shareholders. During dry years or when senior calls are in effect, the company may have to reduce water allocations to shareholders.
  
  
• Water management
  The company must carefully manage its water rights and diversions in accordance with this doctrine. It may need to work with other water users and the local water commissioner to coordinate water use and respond to calls on the river.
  
  
• Legal considerations
  Any changes to water rights or uses must be approved by the water court to ensure they don't injure other water rights holders.
  
  

Understanding the Doctrine of Prior Appropriation is crucial for Rainbow Park Water Company and its shareholders, as it directly influences water availability and distribution practices, especially during periods of water scarcity.

Rainbow Park Water Company is governed as follows:

• Board of Directors
  The company is governed by a five-member Board of Directors. These directors are elected by the shareholders of the company.
  
  
• Board Responsibilities
  The Board oversees all aspects of company operations, including financial management, infrastructure maintenance, and policy-making.
  
  
• Annual Meetings
  The company holds annual meetings each February. These meetings are crucial for shareholder input and conducting essential business.
  
  
• Shareholder Participation
  During the annual meetings, shareholders elect directors and approve budgets, ensuring their involvement in the company's governance.
  
  
• Transparency
  Transparency is a core value of the organization. The company strives to keep shareholders informed about operations and decisions.
  
  
• Operational Management
  Day-to-day operations are managed by staff, including a ditch rider who oversees water distribution and system maintenance.
  
  
• Policy Compliance
  The company operates in compliance with local and state water regulations, working closely with relevant authorities.
  
  
• Shareholder Engagement
  Beyond annual meetings, the company encourages ongoing shareholder engagement in company activities and decision-making processes.

This governance structure ensures that Rainbow Park Water Company operates efficiently, transparently, and in the best interests of its shareholders while adhering to relevant water laws and regulations.

The responsibilities of shareholders in Rainbow Park Water Company include:

• Attendance at Annual Meetings
  Shareholders are expected to attend the annual meetings held each February to participate in company decision-making and stay informed about operations.
  
  
• Participation in Work Days
  Shareholders may be required to participate in scheduled work days to assist with maintenance of the ditch system and other infrastructure.
  
  
• Maintenance of Personal Infrastructure
  Shareholders are responsible for maintaining their own headgates, boxes, and other personal irrigation infrastructure on their property.
  
  
• Water Usage Compliance
  Shareholders must adhere to the company's policies on water usage, respecting the rotation system and managing their allocated water responsibly.
  
  
• Payment of Fees
  Shareholders are required to pay annual maintenance fees, typically proportional to the number of shares they hold.
  
  
• Ditch Maintenance
  Shareholders must keep the ditches that run through their property free of obstacles and report any issues to the company.
  
  
• Coordination with Neighbors
  Shareholders are expected to coordinate with neighbors when running water, especially in smaller ditch associations.
  
  
• Company Engagement
  Shareholders may be asked to serve in roles such as ditch captain or on committees, particularly in smaller associations that cannot afford paid staff.
  
  
• Adherence to Bylaws
  Shareholders must comply with the company's bylaws and any rules established for the efficient operation of the water distribution system.
  
  
• Responsible Water Use
  Shareholders are expected to use water efficiently and implement conservation practices when possible.

By fulfilling these responsibilities, shareholders contribute to the effective operation of Rainbow Park Water Company and help ensure the sustainable management of water resources for the benefit of all members.

Rainbow Park Water Company handles water conservation and sustainability through various initiatives and practices:

• Infrastructure Improvement
  We continually invest in improving our infrastructure to minimize water loss and maximize efficiency in our distribution system.
  
  
• Regular Maintenance
  Our team conducts regular inspections and maintenance of ditches and pipelines to prevent leaks and ensure optimal water delivery.
  
  
• Water-Saving Technologies
  We explore and implement water-saving technologies where feasible, such as more efficient irrigation systems or water measurement devices.
  
  
• Shareholder Education
  We provide education and resources to our shareholders on best practices for water conservation in agricultural irrigation.
  
  
• Collaboration with Authorities
  We work closely with local and state authorities to protect our water rights and adapt to changing environmental conditions.
  
  
• Sustainable Practices
  We encourage and support sustainable farming practices among our shareholders that promote water conservation.
  
  
• Climate Change Adaptation
  We actively monitor climate trends and adjust our water management strategies to address long-term changes in water availability.
  
  
• Water Quality Protection
  We implement measures to protect water quality in our system, which contributes to overall water resource sustainability.
  
  
• Efficient Water Allocation
  Our rotation method of water delivery ensures equitable and efficient distribution of water resources among shareholders.
  
  
• Long-term Planning
  We engage in long-term planning to ensure the sustainability of our water resources for future generations of shareholders and the community.
  
  

These efforts demonstrate our commitment to responsible water management and conservation, ensuring the long-term sustainability of our water resources while supporting the agricultural heritage and economic vitality of our community.

If you do not hold deeded water rights or shares in Rainbow Park Water Company, you cannot use water from a ditch that runs through your property, even if it crosses your land. In Colorado, water rights are considered a private property right, and the fact that water flows through your property does not entitle you to use it.

The water in the ditch belongs to the ditch company and its shareholders, who have legal rights to use it for beneficial purposes. As a property owner, you must not obstruct the ditch or deny access to the ditch company or its representatives for maintenance operations. Using water from the ditch without proper rights could result in legal action from the ditch company or other water rights holders.

If you wish to use water from the ditch, you would need to acquire shares in Rainbow Park Water Company or purchase water rights that are recognized by the company. For your water needs, consider alternative sources such as municipal water supplies or drilling a well (subject to local regulations and water rights).

If you have questions about water use or are interested in becoming a shareholder, contact Rainbow Park Water Company directly for guidance. Remember, respecting water rights is crucial in Colorado's arid climate and legal framework. Always ensure you have the proper rights before using any water from irrigation ditches or natural waterways on your property.

To become a shareholder in Rainbow Park Water Company, you would typically follow these steps:

1. First, ensure that your property is within the company's defined service area, which includes the original Rainbow Park Addition (Lots 1-197) and some additional properties south of the Arkansas River approved for inclusion prior to October 1998.
2. Contact Rainbow Park Water Company directly to inquire about share availability. The company operates on a system of 600 shares, so you'll need to check if any shares are currently for sale.
3. If shares are available, you'll need to purchase them. This may involve negotiating with current shareholders who are willing to sell their shares, or acquiring them through the company if they have any unallocated shares.
4. Once you've agreed on a purchase, you'll need to go through a transfer process. This typically involves submitting an application to the company's Board of Directors for approval.
5. The transfer will likely need to be recorded with the local county office to ensure proper documentation of the water rights associated with your property.
6. After the transfer is approved and recorded, you'll become a shareholder and will be entitled to the water rights associated with your shares.
7. As a new shareholder, familiarize yourself with the company's bylaws, policies, and your responsibilities, including participation in annual meetings and potential maintenance duties.
8. Be prepared to pay any associated fees, including annual maintenance fees which are typically proportional to the number of shares you hold.

Remember that water rights in Colorado are considered a private property right and can be complex. It may be helpful to consult with a local attorney who specializes in water rights to guide you through this process and ensure all legal requirements are met.

Rainbow Park Water Company performs regular and comprehensive maintenance on its infrastructure to ensure efficient water delivery and system longevity. Our maintenance activities include:

1. Regular inspections of the entire ditch and pipeline network to identify potential issues early.
2. Clearing debris, sediment, and vegetation from ditches to maintain optimal water flow.
3. Repairing and reinforcing ditch banks to prevent erosion and water loss.
4. Maintaining and replacing headgates, measuring devices, and other water control structures as needed.
5. Upgrading sections of the system to more efficient materials or designs when necessary, such as replacing earthen ditches with lined channels or pipelines.
6. Seasonal preparation of the system before the irrigation season begins, including any necessary repairs or improvements.
7. Emergency repairs as needed, particularly after severe weather events or unexpected damage.
8. Coordinating with shareholders to ensure proper maintenance of their personal irrigation infrastructure that connects to our main system.
9. Implementing water-saving technologies and practices where feasible to improve overall system efficiency.
10. Conducting periodic assessments of the entire system to plan for long-term improvements and replacements.

Our maintenance program is crucial for minimizing water loss, ensuring fair distribution to all shareholders, and preserving the longevity of our water delivery system. We strive to balance immediate maintenance needs with long-term infrastructure improvements to provide reliable service while managing costs for our shareholders.

If you have a dispute about water delivery or usage with Rainbow Park Water Company, follow these steps:

1. First, review your water rights and the company's policies to ensure you understand your entitlements and responsibilities.
2. Document the issue in detail, including dates, times, and any relevant measurements or observations.
3. Contact the ditch rider or company manager to discuss the problem. Many issues can be resolved through clear communication at this level.
4. If the issue persists, submit a formal written complaint to the Board of Directors, clearly outlining your concerns and any steps you've already taken to resolve the matter.
5. Attend the next shareholder meeting to voice your concerns if the issue affects multiple shareholders or requires broader discussion.
6. Consider requesting a special meeting with the Board of Directors if the matter is urgent or complex.
7. If the dispute involves neighboring shareholders, try to engage in constructive dialogue to find a mutually beneficial solution before escalating to the company level.
8. For technical disputes about water measurement or delivery, consider requesting an independent assessment from a water engineer or the local water commissioner.
9. If internal processes don't resolve the issue, you may need to consult with a lawyer specializing in water rights to explore your legal options.
10. In cases of severe disputes that cannot be resolved internally, mediation or arbitration might be necessary before considering legal action.

Remember, maintaining good relationships within the water company community is important. Always approach disputes professionally and seek collaborative solutions when possible. The company's goal is to ensure fair and efficient water distribution to all shareholders, and most disputes can be resolved through open communication and adherence to established policies and procedures.