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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />4-16-1997 11 :50AM <br /> <br />FROM STEAMBOATSPGSWATER 9708798169 <br /> <br />P.2 <br /> <br />BYLAWS OF SMITH DITCH <br /> <br />ARTICLE I <br /> <br />NAME OF ORGANIZATION <br /> <br />SECTION 1 - The name of the organization shall be Smith Ditch <br />Incorporated. <br /> <br />SECTION 2 - Location and service area is: <br />A. LEGAL: Located in Routt County, State of Colorado. <br />The Diversion is located in the Nl/2 of the NW 1/4, NW 1/4 of <br />section 28, T 7 N, R 89 W, 6th PM. The canal fallows along <br />the south side of Elkhead River through the N 1/2 of the NE <br />1/4 of Section 29, T 7 N, R 89 W, 6th PM. The Irrigated <br />Land are in Sections 29, and 30, T 7 N, R 89 W, 6th PM. and <br />Sections 25, and 26, T 7 N, R 90 W, 6th PM. <br /> <br />B. PHYSICAL: The irrigated land is located in Routt <br />County, Colorado. About'7 miles East of Craig CO. The <br />Structure is located on the South Side of the Elkhead River <br />about four miles above the confluance with the Yampa River. <br />The irrigated land is located north of U S Highway 40 and <br />South of Moffat County Road 29 on the North and South sides of <br />Elkhead River. <br /> <br />ARTICLE II - PURPOSE <br /> <br />SECTION 1 - The purpose of this company shall be for the <br />management of the DitCh for the landowners whose properties <br />are irrigated with water from this ditch. <br /> <br />SECTION 2 - To manage, upgrade, maintain, repair, clean, and <br />when necessary reconstruct the ditch in the best interests of <br />all members. <br /> <br />ARTICLE III - MEMBERS <br /> <br />SECTION 1 - Members will be property owners, in good standing, <br />who own or lease water shares or own water rights in the Smith <br />Ditch and whose properties are located within the lateral <br />service area described in Article I. <br /> <br />SECTION 2 - Share certificates will not be issued to members. <br /> <br />SECTION 3 - Membership in the organization will be retracted <br />upon the sale of the property affected and membership can be <br />transferred to the new owner(s). <br /> <br />SECTION 4 - No new members (other than transfers as described <br />in Section 3 above) will be accepted unless first approved by <br />the Board of Directors. Decisions for new members will be <br />based on the cost factors of maintenance, repairs, <br />construction, space available, and physical limitations of the <br />ditch system. <br /> <br />.'...." ~"-- ,t-,' . <br />