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PROJ01960 (2)
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PROJ01960 (2)
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Entry Properties
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 />R <br /> <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 />At any Members' Meeting, water rights in the Pipeline that stand in the names of two or <br />more persons shall be voted in accordance with the vote or consent of the majority of the <br />persons in whose names the water rights stand. When only one of such persons is <br />present, in person or by proxy that person may vote all such shares. <br /> <br />Section 9: Proxies. <br /> <br />At any Members' Meeting, a Member may vote by proxy executed in writing by the <br />Member. Such proxy shall be filed with the Secretary of the Association before or at the <br />time of the Meeting. No proxy shall be valid after one month from the date of its <br />execution unless otherwise provided in the proxy. <br /> <br />Section 10: Carry by Vote. <br /> <br />Unless otherwise specified in these by-laws, if consensus cannot be reached, a routing <br />issue shall carry if approved by two thirds of the votes represented at a Duly Organized <br />Members'Meeting. A major issue shall carry if approved by two thirds of the total" <br />viable votes on the Pipeline. Routine and major issues are defined in Article VI Section 3 <br />(Quorum). <br /> <br />Article VII: Use and Distribution of Water <br /> <br />Section 1: No Member in arrears in assessments shall be entitled to take any water from <br />the Pipeline, nor vote at Association meetings. <br /> <br />Section 2: The Members shall establish rules and regulations for, among other issues, <br />required measuring devices and their locations and methods of water distribution. <br /> <br />Section 3: Measurement. <br /> <br />If there is a dispute over whether those with rights in the Pipeline are receiving their <br />appropriate amount of water, all water shall then be received by Members in the Pipeline <br />through weirs, diversion boxes, parshall flumes, gates or valves put into place by the <br />Association, with the water divided as nearly as possible in proportion to the amount of <br />water owned by each Member, taking into account carriage losses, among other issues, <br />pursuant to rules established by the Members, All headgates, valves and division devices <br />in the pipeline may be locked and under the control of the Pipeline supervisor or Ditch <br />Rider, if one is appointed by the Association. Any member who in any manner interferes <br />with the gates and delivery devices shall forfeit all right to the use of Pipeline water. <br /> <br />Section 4: No Waste. Each member shall utilize Pipeline water so as not to commit <br />waste or damage. See C.R.S."" 37-84-107. <br /> <br />Section 5: Except in emergencies, the Secretary shall notify Members by mail, e-mail, <br />fax or telephone 15 days before water is to be turned on or off in the Pipeline. <br />
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