PROJ01960 ‎(2)‎

• 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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Section 6: Any problem with delivery of Ditch water will be addressed by the Members
and resolved in any manner equitable as to the Members.

Section 7: Maintenance Costs.

a. Common areas of the Black Dike Pipeline include the dam, hanging-pipe crossing
washes, and all areas of the Pipeline located on non-private or non-member property.
b. Each Member shall maintain and improve the Pipeline across the Member's property
to requirements and standards established by the Association and to pay for the
appropriate share of the Pipeline maintenance and improvement within the common
areas. In the event of a major repair or an emergency affecting a portion of the
Pipeline located on a Member's property, the Association may vote to pay for repairs
to the affected area. Each Member shall stay informed about the activities of the
Ditch and respond accordingly. Each member shall infonn farm employees and/or
sharecroppers on pertinent ditch matters.
c. If a member fails to maintain or repair the Pipeline across that Member's property and
such a lack of maintenance or repair hanns the ability of one or more members to
receive water from the Ditch, the Association shall notify the delinquent Member. If
a delinquent member fails to take the needed action within a reasonable amount of
time after notification, the Association may do so at the expense of the delinquent
member.

Article VIII: Assessments

Section 1: Assessments.

The levy of assessments on all the water in the Pipeline in an amount sufficient to
maintain and repair the Pipeline for the coming irrigation season and meet the payment of
any claim or debt against the Association not otherwise provided for, as recommended by
the Board, and the levy of special assessments for the improvement and development of
the ditch shall be voted on at the Annual meeting.

Even if a Member does not use their Ditch water, the member must still pay assessments.

Section 2: No assessment shall be levied unless the question of making such assessment
is first approved by consensus or carried by vote on the Members of the Association at a
Duly Organized Annual or special Meeting as put forth in these by-laws.

The assessment for each ownership will be the total assessment fees divided by the
number of CFS owned by all the Members multiplied by their total number of CFS
owned by that ownership.. Costs not in the annual budget shall be assessed as agreed
upon by the Members and calculated in the same manner.

Section 3: Delinquent Assessments,

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