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� <br />�AMENDMENT <br />to the BY-LAWS of the <br />GRAND RIVER DITCH COMPANy <br />ART•IC LE 16 <br />� <br />Any shareholder of this Company who desires to change <br />(a) the type of use and/or (b) the point of efversion of the water <br />represented by said shareholder's ownership of a proportionate <br />interest in the outstanding stock of this Company, may unde�take <br />to make such change or changes and the same will be recognized by <br />this Company only upon the occurrence or performance of and <br />subject to the following conditions: <br />1. Said shareholders shall implement such change or <br />changes on2y subsequent to a final c3ecree providing therefor of <br />the Water Court for Division No. S or its lawful successor Court. <br />2. Any application for a decree for such change or <br />changes shall be pursued by the shareholder at �his own 3nstance <br />and in his own name and nothing herein shall prevent the Company <br />or any shareholder from entering said litigation as a party in <br />interest for any reason whether or not adverse to said <br />shareholder-applicant. <br />3. Immediately upon filiag <br />shareholder must give to the Company actual <br />fili.ng� a copy of gaic3 application and the <br />any, which supports said application. <br />such application, <br />written notice of the <br />engineering report, if <br />4. Pursuant to ana subjeGt to such c3ecree and/or <br />change of water rights application, the shareholder may include <br />said water in an avgmentation plan that may proni�e for the <br />diversion of certain of said water into the Compar�y's mafn <br />headgate and to be returned immediately to the Colorado River. In <br />the event shareholder uses certain water accor8ing].y, then <br />shareholder shall during such diversions cease to use an amount of <br />water available under shares of this Company owned by shareholcier <br />(other than the shares representing the water to be so diverted) <br />in an amount eqval to the actual historic transportation losses in <br />the ditch associated with said water which amount shall in no <br />event be less than 10� of the water so diverted whfch water shall <br />as a result of such cessati.on be left in the ditch of the Company <br />and not diverted anywhere by shareholder to compensate said ditch <br />for historic ditch transportation losses associated with such <br />diverted water. Shareholder sha11 provide the Company at his <br />expense an engineer's estimate of said actual loss. <br />At th C ' <br />� <br />e ompany s option, it may require that the shares <br />representing the actual historfc transportation loss and the water <br />-1- <br />