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' <br /> I� <br /> I� <br /> I� <br />� <br />� diverted back into the River be returned to the Cvmpany which will <br />retain said shares as treasury shares; provided however that the <br />sharehol8er shall continue to pay assessments on, but not vote, <br />said treasury shares. <br />� <br />5. Subsequent to the obtaining of such c7e�cree, should <br />the State Engineer require any headgate or measurzng�'devices which -�' <br />adc] to or modify any of the Company's then existing headgates or <br />measuring devices on fihe Lower Cactus Ditch or elsewhere, then <br />saic] shareholder shall pay when incurrea the entire cost relate8 <br />thereto including cost of design, purchase anc] irtstallatian and <br />maintenance. The Company shall have so2e authority ana contral <br />over installation of said devices and/or structures. <br />, 6. Shareholder's operation pursuant to such decree <br />sha11 at all times be subject to a11 provisions of the Articles of <br />Incorporation an8 By-laws of the Company as they then exist or may <br />� thereafter be amended accorai.ng to 2aw and the terms thereof. <br />r <br />� <br />� <br />, <br />L <br />, <br />I �� <br />,� <br />�� <br />' <br />� <br />� <br />� <br />7. Notwithstanding the use of saic3 water in a decreed <br />plan of augmentation and/or change of water rights application, <br />shareholder shall continue to pay when due all. ditch assessments <br />charged pursuant to these by-laws relating to the stocl� <br />representing sair] water. Said stock shall be subject to a <br />restriction which shall be printed on said certificate that states <br />that said stock is subject to the terms and conditions of. saia <br />decree. <br />S. Shareholc7er shall reimburse Company when billed for <br />all costs and reasonable a:ttorne,ys tees incurrec7 by the Company in <br />negotiation or litigation with respect to sai8 application, <br />augmentation plan or decree. <br />9. At such t�me as said decree is entered, shareholder <br />sha11 make, execute,� and record a restrictive covenant running <br />with the land benefitting from said augmentation plan or <br />application granting to Company the power to levy anc3 collect a17. <br />ditch assessments relating to the stock representing the water <br />being the subject of said plan or application, including stock <br />relating to water undiverted to replace or accaunt for historfc <br />transportation losses, together with all costs and reasonable <br />attorneys fees relating ta the collection of such assessments o= <br />the Company's participation in negotiation or litigation with <br />respect to said dec=ee and augmentation plan. Saia covenant shall <br />further grant to the Company a right to file a lien upon such <br />property or on such other land as may be mutually agreeable to the <br />Company and the shareholder and to foreclose the same to collect <br />such sums in the event of a non-payment thereof af ter reasonable <br />notice and presentment of payment. <br />-2- <br />' <br />