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From: 0711012007 07:00 11102 P.0101012 <br /> Section 2. No water will be delivered after July 15. 1979. except through such parshall flume or other <br /> approved measuring device. . <br /> Section 3. All perpetual and contract rights to the use of water existing upon the dissolution of the <br /> Montezuma Valley ln'ieation Districtand assumed by the company.shall be fully respected.and water shall <br /> he delivered and distributed to those entitled thereto under such vested and contractual rights, in such <br /> manner and under such regulations as such vested and contractual rights entitle them to: it being the purpose <br /> of this provision to,in all respects.preserve the status quo of such rights existing prior to the dissolution of • <br /> the said The Montezuma Valley Irrigation District. in all eases where such rights have not been converted <br /> into stock oldie company. <br /> Section 4. Water will be shared and shared alike by all Class A Stockholders,prorate.based upon the <br /> number of shares owned.All deliveries will be measured at the Stockholder's measuring device.All <br /> allocations will be measured in acre-feet per share for the season.Water measured by a parshall flume will <br /> measure in acre-feet determined by the number of days that a lull head is available.or other flow and time <br /> that water is made available to the stockholder by the company.The seasons estimated allocation will be set <br /> by the Board of Directors at its regular April meeting.The initial allocation will be set conservatively <br /> enough to assure delivery of the allocation to all stockholders.This allocation may be adjusted by the Board <br /> of Directors from time to time during the season as may be necessary. During a water short year. the <br /> allocation will not be set at more than can be delivered to all Class A stockholders. <br /> • <br /> ARTICLE X11 • <br /> Rights and Restrictions Upon • <br /> Rights Represented by Stock <br /> Section 1. Water shall be delivered by the company into Company's main canals or through other <br /> ditches and canals and pipelines whether owned by the company or owned by others.by and through a steel <br /> headgate and through a parshall flume or other measuring device approved by the Board of Directors. No <br /> water will be delivered except through an approved measuring device. No water will be pumped directly <br /> out of a canal or ditch owned by the company. <br /> Section 2. All headgates and measuring devices shall be set under the supervision of the company's <br /> manager and at the expense of the stockholder.and no other person will be permitted to cut the banks of any <br /> canal or ditch of the company for the purpose.of putting in a headgate. All headgates and pipe shall be paid <br /> for in full prior to installation. <br /> Section 3. No headgate will be installed.in any canal or ditch owned by the company for the delivery of <br /> less than live shares of water, Less than five shares of w ater will not be delivered through an existing <br /> • headgate in any canal or ditch owned by the company. <br /> Section 4. No permanent change in location of point of delivery may be made except by approval of the • <br /> Board of Directors. Change in point of delivery from one canal to another may be made only prior to the <br /> irrigating season and shall be for the full season. A temporary change in point of delivery from one point to <br /> another on the same canal may be made after the opening of the irrigating season.but only after approval of <br /> the general manager,and then only upon the signed written consent of all stockholders affected by the <br /> change. <br /> Section 5. "No Shareholder shall sell. lease, or convey water represented by Company shares or <br /> permanently change the point of delivery of Company water rights outside of those areas served by or • <br /> through the facilities of the Company without the consent of the Board of Directors. Such sale, lease. <br /> conveyance or permanent change in point of delivery shall be presumed by the Company to be injurious to <br /> the Company and the remaining shareholders.Therefore the shareholder desiring to make such sale,lease. <br /> • conveyance or permanent change in point of delivery shall have the burden of proving to the satisfaction of <br /> • <br /> MViC Bylaws 10 Revised: June 14,2005 • <br /> • <br /> • <br /> • <br /> • <br />