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<br />. <br /> <br />. <br /> <br />4.2 Ril!hts. Preferences and Obligations. The designations, preferences, rights and <br />obligations of the shares of stock which the Corporation is authorized to issue, and the <br />limitations thereof, are as follows: <br /> <br />(a) Ownership of each share of Class A common stock shall entitle the holder <br />thereof to one-tenth of one acre-foot of the annual yield of Eagle Park Reservoir, as such yield <br />may be subsequently defined by the Corporation. The Class A common stock shall be divided <br />into two series: "Series I" and "Series 2." Of the 20,130 shares of common stock designated as <br />"Class A" common stock, 11,000 shares shall be designated as "Class A Series 1" shares and <br />9,130 shares shall be designated as "Class A Series 2" shares. <br /> <br />(i) Class A Series I shares shall entitle the holder thereof to use the <br />water represented by such shares on a first priority basis for all decreed beneficial uses. <br /> <br />(ii) Class A Series 2 shares will entitle the holder thereof to use the <br />water represented by such shares on a second priority basis for all decreed beneficial uses. <br /> <br />(iii) If in any year the yield of Eagle Park Reservoir is less than one <br />acre foot of water for each ten outstanding shares of Class A common stock in the Corporation, <br />the water physically available shall be allocated first among the outstanding Class A Series 1 <br />common stock on a pro rata basis, based on the number of shares of the Corporation's Class A <br />Series 1 common stock owned by each shareholder. Thereafter, any remaining yield in Eagle <br />Park Reservoir, after the full entitlement of all outstanding Class A Series 1 common stock has <br />been met, shall be allocated among the outstanding Class A Series 2 common stock on a pro rata <br />basis, based on the number of shares of the Corporation's Class A, Series 2 common stock <br />owned by each shareholder. <br /> <br />(b) Ownership of each share of Class B common stock shall entitle the holder <br />thereof to one acre foot of Bomestake Reservoir water. If in any year the yield of Homestake <br />Reservoir water is less than one acre foot for each outstanding share of Class B common stock in <br />the Corporation, the water physically available shall be allocated among the outstanding Class B <br />common stock on a pro rata basis, based on the number of shares of the Corporation's Class B <br />common stock owned by each shareholder. <br /> <br />(c) All shares of the Corporation's common stock shall be subject to and shall <br />obligate the holders thereof to comply with all accounting and reporting requirements, and any <br />other obligations imposed by the Corporation pursuant to its authority under these Articles of <br />Incorporation and its Bylaws, regarding the use of Eagle Park Reservoir and the Homestake <br />Reservoir water. Failure of a stockholder to comply with the provision of such requirements or <br />obligations may result in suspension of service to such stockholder, or forfeiture of such <br />stockholder's shares of the Corporation's common stock pursuant to Section 8.2 below. <br /> <br />fd0984 <br /> <br />-3- <br />