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Amendments to Bylaws of the Jackson Ditch Company <br />Add the following: <br />ARTICLE 10 <br />Section 1: Any shareholder desiring to change the type of use, place of use, time of use, <br />means of diversion, or other change of the water to which the shareholder is entitled shall <br />make a written request to make such change to the Board of Directors. The request, <br />which may be for either a permanent or temporary change, should detail the requested <br />change and demonstrate that the proposed terms �d eonditions will prevent injury to the <br />Company and its shareholders. If, in the sole opinion of the Board of Directors, such <br />change may be made without injury to the canal, the Company, andlor other shareholders, <br />and is not ir� violation of the Articles of Incorporation, any A.rticle or Section of these <br />Bylaws or the policies of the Jackson Ditch Company, as such Articles of Incorporation, <br />Bylaws and policies e�cist and as such may be amended from time to time, such request <br />shall be approved, but not otherwise. In making any such determinafion the Board of <br />Directors may, in its sole discretion, obtain or secure legal services and/or engineering <br />services and/or other professional services, and all expenses in regard to such servi.ces <br />shall be paid by the shareholder making such request. The Board of Directors may <br />require that all or part of the estimated expenses thereof be paid to the Company prior to <br />engaging such services and/or prior to its consideration of the request. In the event that <br />the Company is not promptly reimburs.e�l: for �.�.ch services: l�y.; the shareholder mal�uig.the <br />request, upon teri days notice by first class mail to said shareholder at that shaxeholders <br />last known address as shown on the books of the Company, any unpaid reimbursement <br />amount shall bear interest at twelve percent (12%) per annum, and the Company may <br />withhold the delivery of water represented by the shares of stock of the shareholder until <br />full reimbursement of said expenses, plus any accrued interest, is made. If the Board of <br />Directors deems it advisable or appropriate, in its sole discretion the Board of Directors <br />may: (a) notify any or all shareholders of such request, andlor (b) provide any or all <br />shareholders with the details of such request and of the time, place and location of any <br />meeting concerning such request, and/or (c) allow shareholders to participate at such <br />meeting. This Section 1 shall not apply to: (a) changes in point of delivery to lands lying <br />under the Jackson Ditch if the water is continued to be delivered for purposes of <br />irrigation of lands; or (b) the changes of the waters which were the subject of <br />Consolidated Case Nos. 86CW401, 86CW402, 86CW403, and 87CW332, District Court, <br />Water Division Number 1, State of Colorado. <br />Section 2: If any shareholder seeks a decree or other determination of a court of <br />competent jurisdiction to change the type of use, place of use, time of use, point or means <br />of diversion, or other change of the water to which the shareholder is entitled and the <br />Company elects to participate in such proceeding and deems it advisable to obtain, or <br />requires, legal services andlor engineering services andJor other professional services, all <br />expenses in regard to such services shall be paid by the shareholder seeking such change. <br />In the event that the Company is not promptly reimbursed for such services by the <br />shareholder, upon ten days notice by f rst cl�ass mail to said sliareliol'der at that <br />