Laserfiche WebLink
<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 />I <br /> <br />BYLAWS OF <br />Carpenter and Mitchell Ditch Company, Inc. <br />NONPROFIT CORPORATION <br />Article I. Business Organization. <br />1.1. Name. The name of the Company is the Carpenter and Mitchell Ditch Company, Inc. <br />(the "Company") and the principal place of business and registered office is Post Office <br />Box 308 Mancos, Colorado 81328, as stated in the Articles of Incorporation. The <br />Company shall continuously maintain nonprofit business status and a registered agent <br />with the Secretary of State. <br />1.2. Purpose. The purpose of the Company is to manage the Carpenter and Mitchell Ditch <br />(the "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 water <br />and operate, maintain and regulate water flows in the Ditch, and when necessary, <br />repair, improve and/or reconstruct the Ditch, all in the best interests of the Membership. <br /> <br />Article II. Membership. <br />2.1. Members. Each one of the initial five (5) owners of a right or rights to Adjudicated <br />Water or Project Water conveyed in the Ditch at the time the Company was formed on <br />November 8, 2004, is entitled to be a Member (the "Initial Members") and the lands <br />owned by the Initial Members served by the Ditch shall constitute the initial Service <br />Area. Memberships. Each one of the initial five owners of Adjudicated Water or <br />Project Water rights, 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 the <br />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 vote of <br />the Members. <br />2.3 Transfer of Membership. In the Case of a sale of land and the water to be served by <br />the Ditch to one new owner, the Membership shall be transferred to that new owner. In <br />the case of the subdivision of the land and the water to be served by the Ditch, the new <br />owners shall form an Association to receive the Membership and act on behalf of the <br />new owners. <br />2.4 Declaration of Membership. The Board shall record in Montezuma County a document <br />(the "Declaration") that summarizes 1) the names of the Members of the Company, 2) <br />the land parcels owned by the Members that are served by the Ditch, 3) statements <br />regarding the rights and obligations of Members, 4) a declaration that the service of <br />water rights owned by the Members are to be managed by the Company, 5) evidence <br />of membership in the Utility Notification Center of Colorado, and 6) a map of the <br />Service Area of the Ditch that identifies the Members' land. Changes to this <br />information, if any, will be recorded as amendments to the Declaration at least once <br />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 each <br />year for the purpose of electing Directors and for transaction of other business of the <br />Company. <br />3.2. Special Meetings. Special meetings of the Members may be called by the President, <br />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 meeting of <br />Members will be delivered by an officer, either personally or by mail, to each Member, <br />at least 10 days before the date of the meeting. The purposes of the meeting and the <br />