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<br />t <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />. . <br /> <br />tYV-~~ <br /> <br />luj6 <br /> <br />BYLAWS OF <br />Henry Bolen Ditch Company <br />NONPROFIT CORPORATION <br />Article I. Business Organization. <br />1.1. Name. The name of the Company is the Henry Bolen Ditch Company (the <br />"Company") and the principal place of business and registered office is Post <br />Office Box 308 Mancos, Colorado 81328, as stated in the Articles of <br />Incorporation. The Company shall continuously maintain nonprofit business <br />status and a registered agent with the Secretary of State. <br />1.2. Purpose. The purpose of the Company is to manage the Henry Bolen Ditch (the <br />"Ditch") as an association of owners of water rights and lands served by the Ditch <br />(the "Service Area"). The Company will receive, convey and deliver irrigation <br />water and operate, maintain and regulate water flows in the Ditch, and when <br />necessary, repair, 'improve and/or reconstruct the Ditch, all in the best interests of <br />the Membership. <br /> <br />Article II. Membership. <br />2.1. Members. All owners of a right or rights to Adjudicated Water or Project Water <br />conveyed in the Ditch at the time the Company is formed are entitled to be a <br />Member (the "Initial Members") and the lands owned by the Initial Members <br />served by the Ditch shall constitute the initial Service Area. If a Member's land <br />within the Service Area is sold, in whole or in part, and rights to Adjudicated <br />Water or Project Water conveyed in the Ditch are sold with the land, the <br />purchaser is entitled to become a Member in order to be served from the Ditch. <br />2.2. Memberships. Each owner of Adjudicated Water or Project Water rights under <br />one ownership, regardless of the amount or priorities of the water rights, is <br />entitled to only one Membership. In joint ownerships, only one owner may vote <br />the Membership and be elected to the Board at anyone time. <br />2.2. Voting Rights. Each Member is entitled to one vote on matters submitted to a <br />vote of the Members. <br />2.2.3. Declaration of Membership. The Board shall record in Montezuma County a <br />document (the "Declaration") that summarizes 1) the names of the Members of <br />the Company, 2) the land parcels owned by the Members that are served by the <br />Ditch, 3) statements regarding the rights and obligations of Members, 4) a <br />declaration that the service of water rights owned by the Members are to be <br />managed by the Company, 5) evidence of membership in the Utility Notification <br />Center of Colorado, and 6) a map of the Service Area of the Ditch that identifies <br />the Members'. land. Changes to this information, if any, will be recorded as <br />amendments to the Declaration at least once annually. <br /> <br />Article III. Meetings of Members <br />3.1. Annual Meeting. An annual meeting of the Members will be held in September of <br />each year for the purpose of electing Directors and for transaction of other <br />business of the Company. <br />3.2. Special Meetings. Special meetings of the Members may be called by the <br />President, the Board of Directors, or at the request of at least two Members. <br />3.3. Notice of Meetings. Written notices stating the place, day, and hour of any <br />meeting of Members will be delivered by an officer, either personally or by mail, <br />to each Member, at least 10 days before the date of the meeting. The purposes <br />of the meeting and the agenda will be stated in the notice. <br />