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<br />This By-Law is necessary to preserve the rights of the North Poudre <br />stockholders and to preserve the flexibility necessary to make water ex- <br />changes to keep the total system functioning effectively and to avoid claimed <br />violation of Northern Colorado Water Conservancy District rules, policies, <br />or by-laws. (4-3-74) <br />XIX. <br /> <br />When no water has been delivered through a headgate (or a period of <br />one year or more as disclosed by the Company's records or a report to the <br />Board o( Directors, and the slock records of The Norlh Poudre Irrigation <br />Company and other available information indicate the stock is no longer <br />owned to provide water to land below the headgate, upon the direclion <br />of the Board of Directors, the Secretary-Manager of The North Poudre <br />Irrigalion Company shall cause the headgate to be locked or removed as <br />the Board may direct. At the end of each irrigation season, the Secretary- <br />Manager shall advise the Board of Directors of those headgates to be locked <br />or removed. Thereafter, the headgale may be used or replaced only if <br />there is compliance with the by-laws and rules and regulations of the Com- <br />pany regarding the installation of a new headgate. (4-9-76) <br />XX. <br />The Cache La Poudre Water Users Association has objected to the use <br />of water oUlside the Cache La Poudre Basin, citing the City of Boulder v. <br />the Boulder and Left Hand Ditch Company case, No. 26996, decided De- <br />cember 13, 1976, 192 Colo. 219, 557 P.2d, 1182 (1976), by the Colorado <br />Supreme Court. The Colorado Supreme Court, in this case, again recog- <br />nized that junior appropriators have rights in return flow to the extent that <br />they may not be injured by a change in the place of use of the irrigation <br />water which provides that return flow_ <br />The Board of Directors in considering the best interest o( The North <br />Poudre Irrigation Company and the fact it must exchange waler wilh other <br />users does not wish to cause injury to stockholders in The North Poudre <br />Irrigation Company, nor to other water users in the Cache la Poudre Basin. <br />The Board o( Directors believes and finds that it is in the best interest <br />of The North Poudre Irrigation Company to prohibit the delivery of water <br />which a stockholder would receive because of ownership of stock in The <br />North Poudre Irrigation Company outside o( the drainage basin of the <br />Cache la Poudre River and this by-law hereby prohibits the delivery o( any <br />water where the use o( same would be outside the drainage basin o( the <br />Cache La Poudre River. <br />This By-Law shall be effective on January 1, 1978, bul stockholders o( <br />record as of August 3, 1977 shall have until January 1, 19B1, be(ore delivery <br />to such stockholder under this by-law is prohibited. <br />XXI. <br /> <br />Rules, regulalions. policies, and forms may be adopted, supplemented, <br />or amended by the Board of Direclors from time to time to assistlhe oper- <br />alion of the compan}'. <br /> <br />12 <br />