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<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 />Point of Delivery at the Member's expense, and Members may share Delivery Point <br />facilities with other Members. <br />8.2. Existing Structures. The Delivery Points for the Initial Members are those locations <br />and diversion structures existing in the Ditch at the time the Company is formed. <br />8.3. Company Maintenance. The Company shall maintain, repair, and may improve the <br />Ditch up to the Delivery Points. Functionally equivalent-measuring devices shall be <br />installed and maintained at each Delivery Point. <br />8.4. New or Relocated Delivery Points. New or relocated delivery pOints may be approved <br />by the Board and the Member or applicant shall pay the costs for any such approved <br />installation. <br /> <br />Article IX. Maintenance, Repairs, Additions and Improvements to the Ditch. <br />9.1. Maintenance. Maintenance and non-emergency repairs that can be anticipated will be <br />estimated in the annual budget and submitted for the approval of the Members at the <br />annual Membership Meeting. <br />9.2. Emergency Repairs. Emergency Repairs may be undertaken at the discretion of the <br />Board; provided that, repairs estimated to cost more than $1000 per event shall require <br />approval by the Membership. <br />9.3. Additions and/or Improvements. <br />The Company may not undertake additions and/or improvements to the Ditch without <br />approval in advance by the Membership. The Membership shall be presented with a <br />written resolution defining the addition and/or improvement to be voted on and also <br />presented with a Funding Agreement signed by the Member or Members that agree to <br />pay for the addition and/or improvement, if approved by the Membership. The Funding <br />Agreement shall set forth details of the proposed work, the estimated cost of the work, <br />the method for sharing the cost, including any overruns that may occur, and the <br />proposed schedule for conduct of the work by the Company. <br />Article X. Funding of Expenses. <br />10.1. Prorated Costs. Certain costs of the Company may be prorated to the Members based <br />on the amount of Adjudicated Water Rights (not Project Water Rights) owned by each <br />Member and conveyed in the Ditch. A Member's assigned fraction for Prorated Costs <br />shall be equal to the total cubic feet per second of all Adjudicated Water Rights owned <br />by that Member and conveyed in the Ditch, divided by the sum of the total cubic feet <br />per second of all Adjudicated Water Rights owned by all Members and conveyed in the <br />Ditch; except that the minimum fraction for any Member shall be three one hundredths <br />(.03). <br />10.2 Administration Costs. Annual Dues in an amount set by the Board and equal for all <br />Members may be charged to the Members to cover normal costs for administration of <br />the Company. <br />10.3 Operations, Maintenance, Repairs and Regulation of Water Flows. Costs for <br />operations of the Company, including regulation of water delivered to the Members, <br />maintenance and repairs of the Ditch and structures shall be assessed to the Members <br />on the following basis: Cost per Member equals total cost multiplied by that Member's <br />assigned fraction for Prorated Costs. Assessments may be made on an estimated cost <br />basis and/or progress payment basis, as determined by the Board. <br />10.4 Additions and/or Improvements. Costs for Additions and/or Improvements to the Ditch <br />shall be assessed to Members pursuant to a Funding Agreement.' <br />10.5 Fees. The Board may establish a fee schedule and amend it from time to time for the <br />purpose of recovering administrative and other costs for Company actions and <br />services. <br />10.6 Assessments to Members. Dues, Costs of operations, Funding Agreement <br />