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<br /> <br />( <br />, <br />\ <br /> <br />Section 6 The Company shall not be considered as guar- <br />anteeing to the ~tockholder the use at all times of the maximum <br />amount of water called for by the stock owned by the stockholder <br />under the terms of saia Decree and of tl1ese Bylaws, but each <br />stockholder shall be enti tIed to a proportionate s}1are of the <br />water controlled by the Company for distribution,. which share <br />shall be the proportion which such stock bears to the entire <br />stock of the Company, but not exceeding the amount mentioned in <br />the stock certificates. And in order that the available water <br />may be equitably distributed among the stockholders, the direc- <br />tors and the persons entrusted by them w~th the management of the <br />irrigation system owned by the Company are empowered to rotate <br />water among the stockholders, or to divide the canal into divi- <br />sions for the distribution of water or to adopt such other <br />methods as in their judgment may, frow tiwe to time, be, deemed <br />ne~essary to assure to all stockholders their proportionate share <br />of~ all available water unc1er the terms and conditions fixed by <br />satd Decree hereinbefore mentioned. <br />~. <br /> <br />., <br />". And if, in the distribution of such available water, any <br />stockholder may, at any time, fail to receive his or her pro- <br />portionate share of such water, the Company shall not be liable <br />to such stockholder in damages therefor, if such failure was <br />caused by an error in' judgment on the part of those charged with <br />the distribution of wate~, or by reason of circumstances beyond <br />the 'control of such per.sons, but the Company .shall only be liable <br />for such damage (if any) in case such failure to distribute <br />available water equally was the result of some willful discrimin- <br />ation against such stockholder on the part of the directors or of <br />those charged by the directors with the distribution of water. <br /> <br />section 7 That as to the rights to the use of available <br />water by the Arkansas Valley Sugar Beet and Irrigated Land Com- <br />pany during the test period fixed and provided by said Decree, <br />hereinbefore cited, the directors of the Company shall equitably <br />and impartially distribute the available water impounded and car- <br />ried by the Company to the end that, after an adequate and oppor- <br />tune supply, within the limits hereinbefore provided for, can be <br />assured or reasonably anticipated to the stockholders owning <br />water rights in the system (exclusive of said Arkansas Valley <br />Sugar Beet and Irrigated Land Company), aJl available water over <br />and .above such amount so required shall be furnished to said last <br />named company for irrigation and domestic uses upon lands owned <br />by it, and having a right to use the water for'such purposes <br />theron or appurtenant thereto: PFOVIDED, HOWEVEF, that the total <br />acreage to be irrigated by the Company shall not exceed 36,493 <br />acres, unless and until such basic. acreage shaJI be changed by a <br />modification or change made by said United States District Court <br />in said case. <br /> <br />, <br />~~:\: <br /> <br />C' <br />1l;~' <br />~j ~: <br />" <br />r <br /> <br />Section 8 That no transfer of water frow one tract of <br />land to another within or without the sy: l.,~m shall be made or <br />.permitted, except by and upon' an order and ?proval of tl1e Board <br />of Directors. Each stockholder desir ing t,> change the place to <br /> <br />Page 3 <br />