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PROJ01960 (2)
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PROJ01960 (2)
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Last modified
3/10/2011 3:27:31 PM
Creation date
3/3/2008 3:21:23 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150249
Contractor Name
Black Dike Pipeline Company
Contract Type
Loan
Water District
0
County
Montezuma
Loan Projects - Doc Type
Feasibility Study
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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 />delinquent Pipeline assessments must be paid by the selling member prior to or at the <br />closing of the sale. <br /> <br />Section 7: Change in Place of use of Pipeline Water: Either Alternate or change of Point <br />of Diversion of Sale of Water to Outside the Pipeline. <br /> <br />a. Any Member desiring to change the place of use to any Pipeline water to which he <br />may be entitled to a use for which delivery is outside the Pipeline, shall first make written <br />request and written explanation to all members. Such water may be changed as requested <br />provided that any and all delinquent Ditch assessments, interest, and penalties are paid in <br />full and at least one half of the original total water right amount listed in Section 2 (to a <br />whole 0.01 cfs) is left in the Ditch. Provisions for moving all water rights out of the <br />Pipeline and exiting the Association are provided in Article XI, Exiting Association. <br /> <br />b. If, in the opinion of a consensus of the membership, or failing that, two-thirds of lhe <br />votes of the Association, such change may be made without injury to the water rights of <br />Association Members, such water may then be changed as requested or, to prevent iryury, <br />such change may be conditioned on reasonable terms and conditions. A reasonable tenn <br />and condition to protect the water rights of other members could include, but is not <br />limited to, leaving an appropriate portion of the water right in the Pipeline and the <br />obligation to continue to pay Pipeline maintenance and repair assessments for all water <br />transferred from the Pipeline. <br /> <br />Article IV: Board of Directors <br /> <br />Section 1: The association shall be administered by a five-member Board of Directors <br />("Board") elected at the Duly organized Annual Association Meeting. The Board shall <br />be composed of three officers discussed in article IV below and two additional owners of <br />water rights in the Pipeline, No more than one Board Member may be selected from and <br />Ownership. The role of the Board is to make decisions for routine issues and <br />recommendations for major issues, A minimum of three (3) board members must be <br />present in order to conduct a meeting of the board. Board decisions are make by <br />consensus. If consensus cannot be made at a board meeting, decisions will be made by a <br />majority vote (of all board members present or not). <br /> <br />Section 2. The Board shall: <br /> <br />a, prepare an annual maintenance and operation plan, set maintenance standards and <br />requirements, prepare a Pipeline maintenance, repair and operations budget for the <br />coming irrigation season. Each annual budget shall provide 10% contingency fund <br />for unexpected problems; <br />b, . implement the maintenance and operation plan within the approved budget; <br />c. if needed, seek bids, and contract for the maintenance and repair of the Pipeline; <br />d. . if any maintenance or improvement work requiring heavy equipment is. to be <br />performed by other than Association members, seek bids, and contract from insured <br />and bonded entities whenever possible; <br /> <br />1 <br />
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