BY-LAWS of
DEWEESE-DYE DITCH AND RESERVOIR COMPANY, INC.
AS
AMENDED JANUARY 12, 2019
Article I.
Offices
The
principal office of the corporation shall be located at 1720
Brookside Avenue, Brookside, Colorado 81212.
The principal office of the Corporation shall be
designated by the Board of Directors and may have other offices
as designated to conduct business of the Corporation.
Article II.
Shareholders
Section 1. Annual
meeting. The
annual meeting of the shareholders shall be held on the second
Saturday of the month of January of each calendar year beginning
at 7:00 p.m. At the
meeting the shareholders shall elect Directors, receive reports
of the Directors, and transact such other business as may come
before the meeting.
If the election of Directors shall not be held on the day
designated herein for any annual meeting of the shareholders,
the Board of Directors shall cause the election to be held at a
special meeting of the shareholders as soon thereafter as
conveniently possible, but not to exceed 60 days.
Section 2.
Special meetings.
Special meetings of the shareholders, for any purpose or
purposes, unless otherwise prescribed by statute, may be called
by the President or the Board of Directors, and shall be called
by the President at the request of the holders of not less than
ten per cent of all the outstanding shares of the Corporation
entitled to vote at the meeting.
Section 3.
Place of meeting.
The Board of Directors may designate any place within a
five-mile radius of Canon City, Colorado, as the place for any
annual meeting or any special meeting.
If no designation is made, the place of meeting shall be
at the principal office of the Corporation in the state of
Colorado.
Section 4.
Notice of meeting.
Written notice stating the place, day and hour of any
meeting together with a full description of business to be
discussed or transacted at the meeting shall, unless otherwise
proscribed by statute, shall be delivered not less than thirty
days before the date of the meeting, either personally or by
mail, to each shareholder of record entitled to vote at such
meeting. If mailed,
such notice shall be deemed to be delivered when deposited in
the United States mail, addressed to the shareholder at his
address as it appears on the books of the Corporation, with
postage thereon prepaid and so certified by the Secretary of the
Corporation.
Section 5.
Closing of transfer books or fixing of record date.
For the purpose of determining shareholders entitled to
notice of or to vote at any meeting of shareholders or any
adjournment thereof, or shareholders entitled to receive payment
of any dividend, or in order to make a determination of
shareholders for any other proper purpose, the Board of
Directors of the Corporation may provide that stock transfer
books shall be closed for a stated period but not to exceed, in
any case, fifty days.
If the stock transfer books shall be closed for the
purpose of determining shareholders entitled to
notice of or to vote at a meeting of shareholders, such books
shall be closed for at least ten days immediately preceding such
meeting. In lieu of
closing the stock transfer books, the Board of Directors may fix
in advance a date as the record date for any such determination
of shareholders, such date in any case to be not more than fifty
days and in case of a meeting of shareholders, not less than ten
days prior to the date on which the particular action, requiring
such determination of shareholders, is to be taken.
If the stock transfer books are not closed and no record
date is fixed for the determination of shareholders entitled to
notice of or to vote at a meeting of shareholders, or
shareholders entitled to receive payment of a dividend, the date
on which notice of declaring such dividend is adopted, as the
case may be, shall be the record date for such determination of
shareholders. When a
determination of shareholders entitled to vote at any meeting of
shareholders has been made as provided in this section such
determination shall apply to any adjournment thereof.
Section 6.
Voting lists.
The officer or agent having charge of the stock books for
shares of the Corporation shall make a complete list of the
shareholders entitled to vote at each meeting of shareholders or
any adjournment thereof, arrange in alphabetical order, with the
address of and the number of shares held by each.
Such list shall be produced and kept open at the time and
place of the meeting and shall be subject to the inspection of
any shareholder during the whole time of the meeting for the
purposes thereof.
Section 7.
Quorum.
At the annual meeting of the shareholders a quorum of the
shareholders shall be constituted from the shareholders present
in person or by proxy.
At any special meeting a simple majority of the
outstanding shares of the Corporation entitled to vote,
represented in person or by proxy, shall constitute a quorum at
a meeting of shareholders.
If less than a majority of the outstanding shares are
represented at a meeting, the meeting may be adjourned by an
affirmative vote of the majority of the shares present in person
or by proxy. At such
a reconvened meeting at which a quorum shall be present in
person or by proxy, any business may be transacted which might
have been transacted at the meeting as originally noticed.
The shareholders present at a duly organized meeting may
continue to transact business until adjournment, notwithstanding
the withdrawal of enough shareholders to leave less than a
quorum
Section 8.
Proxies. At all
meetings of shareholders, a shareholder may vote in person or by
proxy executed in writing by shareholder or by his duly
authorized attorney in fact.
Such proxy shall be filed with the Secretary of the
Corporation before or at the time of the meeting.
No proxy shall be valid after eleven months from the date
of its execution, unless specifically provided in the proxy.
Section 9. Voting
of shares. Each
outstanding share entitled to vote shall be entitled to vote
upon each matter submitted to a vote at a meeting of
shareholders.
Section 10. Voting
of shares by certain holders.
Shares standing in the name of another Corporation may be
voted by such officer, agent or proxy as the By-Laws of such
Corporation may prescribe or, in the absence of such provision,
as the board of Directors of such Corporation may determine.
Shares held by an administrator, executor, guardian or
conservator may be voted by him, either in person or by proxy,
without a transfer of such shares into his name.
Shares standing in the name of a trustee may be voted by
him, either in person or by proxy, but no trustee shall be
entitled to vote shares held by him without a transfer of such
shares into his name.
A shareholder whose shares are pledged shall be entitled
to vote such shares until the shares have been transferred into
the name of the pledgee, and thereafter the pledgee shall be
entitled to vote the shares so transferred.
Shares of its own stock belonging to the Corporation
shall not be voted, directly or indirectly, at any meeting, and
shall not be counted in determining the total number of
outstanding shares at any given time.
Section 11.
Informal action by shareholders.
Unless otherwise provided by law, any action required to
be taken at a meeting of the shareholders, or any other action
which may be taken at a meeting of the shareholders, may be
taken without a meeting if a consent in writing, setting forth
the action so taken, shall be signed by 2/3 of the shareholders
entitled to vote with the respect to the subject matter thereof.
Section 12.
Removal of Directors.
Provided that notice is properly provided the
shareholders, Directors may be removed pursuant to Statute at
any meeting of shareholders.
Article III.
Board of Directors
Section 1.
Number.
The Corporation shall have a Board constituted of five
Directors.
Section 2.
General powers.
The business and affairs of the Corporation shall be
managed by its Board of Directors.
Section 3.
Qualifications.
Each Director of this Corporation shall be a shareholder
in good standing with the Corporation.
Section 4.
Terms.
Directors shall be elected for a three year term.
Section 5.
Regular meetings.
A regular meeting of the Board of Directors shall be held
at the first Monday of each month and without other notice than
this By-Law immediately after, and at the same place as, the
annual meeting of the shareholders.
The Board of Directors may provide, by resolution, the
time and place for the holding of the regular meeting without
other notice than such resolution.
Section 6.
Special meetings.
Special meetings of the Board of Directors may be called
by or at the request of the President or any two Directors.
The person or persons authorized to call special meetings
of the Board of Directors may fix the place for holding any
special meeting of the Board of Directors called by them.
In the event of a special meeting called on account of an
emergency such as emergency ditch or reservoir repair, the Board
may be polled by telephone if possible.
Section 7.
Notice.
Notice of any special meeting shall be given at least one
day previously thereto by written notice delivered personally or
mailed to each Director at his business address.
If mailed, such notice shall be deemed to be delivered
when deposited in the United States mail so addressed, with
postage thereon prepaid.
Any Director may waive notice of any meeting.
The attendance of a Director at a meeting shall
constitute a waiver of notice of such meeting except where the
Director attends a meeting for the express purpose of objecting
to the transaction of any business because the meeting is not
lawfully called or convened.
In the event of an emergency condition these provisions
for notice may be waived provided that, as soon as possible
following said emergency, each board member is given appropriate
notice of the meeting and of the vote or action taken by the
board.
Section 8.
Quorum. A
majority of the number of Directors shall constitute a quorum
for the transaction of business at any meeting of the Board of
Directors . An act
by the majority of the Directors present at a meeting at which a
quorum is present shall be an act by the Board of Directors.
If less than a majority is present, they may adjourn the
meeting without further notice.
Section 9.
Action without a meeting.
Any action that may be taken by the Board of Directors at
a meeting may be taken without a meeting if a consent in
writing, setting forth the action so to be taken, shall be
signed before such action by all of the Directors.
In the event of emergency action by the board, the board
shall ratify said action by vote at the next regularly scheduled
meeting and the minutes of said meeting shall indicate the
agreement or disagreement of each Director with the action
taken.
Section 10.
Vacancies.
Any vacancy occurring in the Board of Directors may be
filled by the affirmative vote of a majority of the remaining
Directors though less than a quorum of the Board of Directors,
unless other wise provided by law. A Director elected to fill a
vacancy shall be elected for the unexpired term of his
predecessor in office.
Any Directorship to be filled by reason of an increase in
the numbers may be filled by election by the Board of Directors
for a term of office continuing only until the next election of
Directors by the shareholders.
Section 11.
Compensation.
No compensation shall be paid to any Director, however by
resolution of the Board of Directors, each Director may be paid
his expenses. No
Director shall be precluded from serving the Corporation in
another capacity and receiving compensation therefor.
Section 12.
Presumption of assent.
A Director of the Corporation who is present at a meeting
of the Board of Directors at which action on any Corporate
matter is taken shall be presumed to have assented to the action
taken unless his dissent shall be entered in the minutes of the
meeting or unless he shall file his written dissent to such
action with the person acting as the Secretary of the meeting
before the adjournment thereof or shall forward such dissent by
registered mail to the Secretary of the Corporation immediately
after the adjournment of the meeting.
Such right to dissent shall not apply to a Director who
voted in favor of such action.
Section 13.
Reports.
The Board of Directors of the Corporation shall prepare reports
for presentation at the annual meeting of shareholders and at
the regular meeting of Directors in July of each year.
The reports may be verbal or written and shall be
included in the minutes of the meeting.
The report shall include the goals the company will
accomplish during the next six months; conditions of the dam;
diversions, mains and laterals of the company; offers and
consideration of grants and whether the board recommends
acceptance of such grants; and a financial report including all
expenditures during the previous six months, value of assets and
amount of liabilities.
Section 14.
Personal liability of Corporate Directors and officers.
Personal liability of Corporate Directors and officers.
The personal liability of the officers and Directors of
the Corporation shall be governed as set forth in C. R. S. Title
7 Article 5 Section 119.
The corporation shall indemnify its directors and
officers to the full extent permitted by Colorado law.
Article IV.
Officers and employees
Section 1.
Number.
The number of officers shall be no less than three.
The officers of the Corporation shall be a President,
vice President, Secretary and Treasurer, each of whom shall be
elected by the Board of Directors.
The office of treasurer may be combined with another
office. In addition
to the officers, the Corporation shall employ a superintendent.
Such other officers as may be deemed necessary may be
elected or appointed by the Board of Directors.
Section 2.
Election and term of office.
The officers of the Corporation shall be elected by the
Board of Directors annually at the Board of Directors meeting
following the annual meeting.
Section 3.
Removal.
Any officer or agent may be removed by the Board of Directors
whenever, in its judgment, the best interests of the Corporation
will be served and such removal shall not imply any contract
rights of the person removed.
Election or appointment of an officer or agent shall not
create contract rights.
Section 4.
Vacancies.
A vacancy in any office because of death, resignation,
removal, disqualification or otherwise, may be filled by
appointment by the Board of Directors for the unexpired portion
of the term.
Section 5.
President.
The President shall be the principal executive office of
the Corporation and, subject to the control of the Board of
Directors, shall in general supervise and control all of the
business and affairs of the Corporation.
He shall when present, preside at all meetings of the
shareholders and the Board of Directors.
He may sign, with the Secretary or any other proper
officer of the Corporation there unto authorized by the Board of
Directors, certificates for shares of the Corporation, any deed,
mortgages, bonds, contracts, or other instruments which the
Board of Directors has authorized to be executed, except in
cases where the signing and execution thereof shall be expressly
delegated by the Board of Directors or by these By-Laws to some
other office or agent of the Corporation, or shall be required
by law to be otherwise signed or executed; and in general shall
perform all duties incident to the office of President and such
other duties as may be prescribed by the Board of Directors from
time to time.
Section 6.
Vice-President.
In the absence of the President or in the event of his
death, inability or refusal to act, the Vice-President shall
perform the duties of President, and when so acting, shall have
all of the powers of and be subject to all the restrictions upon
the President. The
Vice-President shall perform such other duties as from time to
time may be assigned to him by the President or by the Board of
Directors
Section 7.
Secretary. The
Secretary shall: (a) keep the minutes of the proceedings of the
shareholders and the Board of Directors in one or more books
provided for that purpose; (b) see that all notices are duly
given in accordance with the provisions of these By-Laws or as
required by law; ©) be custodian of the Corporate records and of
the seal of the Corporation and see that the seal of the
Corporation is affixed to all documents the execution of which
on behalf of the Corporation under its seal is duly authorized;
(d) keep a register of the post office addresses of each
shareholder which shall be furnished to the Secretary by such
shareholder; (e) sign with the President, certificates for
shares of the Corporation, the issuance of which shall have been
authorized by resolution of the Board of Directors; (f) have
general charge of stock transfers books of the Corporation; and
(g) in general perform all duties incident to the office of
Secretary and such other duties as from time to time may be
assigned to him by the President or by the Board of Directors.
Section 8.
Treasurer.
The Treasurer shall: (a) have charge and custody of and
be responsible for all funds and securities of the Corporation;
(b) receive and give receipts for monies due and payable to the
Corporation from any source whatsoever, and deposit all such
monies in the name of the Corporation in such banks, trust
companies or other depositories as shall be selected in
accordance with provisions of article VI of these By-Laws; and
©) in general perform all of the duties
incident to the office of Treasurer and such other duties
as from time to time may be assigned to him by the President or
by the Board of Directors.
If required by the Board of Directors, the Treasure shall
give a bond for the faithful discharge of his duties in such sum
and with such surety or sureties as the Board of Directors shall
determine.
Section 9.
Superintendent. The
Superintendent shall: (a) act as an agent of the Board of
Directors; (b) ensure correct division of water from the
reservoirs and main ditch to the laterals and division boxes
according to the pro rata share to which each shareholder is
entitled; (c) inspect the
laterals and divide boxes to insure they are clean and
operational; and (d) in general perform all the duties of a
ditch Superintendent and such other duties that may be assigned
to him by the Board of Directors.
Section 10.
Salaries.
The salaries of the officers and employees shall be fixed from
time to time by the Board of Directors and no officer shall be
prevented from receiving such salary by reason of the fact that
he is also a Director of the Corporation
Article V.
Fiscal responsibilities
Section 1.
Fiscal year.
The fiscal year of the Corporation shall be the calendar
year.
Section 2.
Shareholders assessments. Assessments to be paid by
shareholders shall be determined at the annual meeting by a vote
of all shareholders present.
The Board of Directors shall make a recommendation for
assessment based upon the needs to maintain and or
renovate DeWeese Dam and the main ditch delivery system
which is identified on the company map in the DeWeese Office.
Specifically the following items shall be maintained by
the company: the diversion dam at Grape creek, access roads, the
reservoirs, the main ditch, the measurement weirs, all head
gates, divide boxes, trash grates, bulk heads, pipe repair or
replacement, and any other structures associated with the main
ditch delivery system which provides water to the laterals.
Divide boxes on laterals shall also be maintained or
replaced by the
company to insure correct division of water to each shareholder.
Section 3.
Administrative costs.
The Board of Directors may from time to time recover the
Corporation’s cost of mailing, office operations and meetings
from the shareholders by way of billing such administrative
costs to the shareholders.
Such costs shall be charged on a per shareholder or joint
shareholder basis and not on a per share basis.
Administrative costs shall be billed at the same time as
assessments and shall be due in full at the same time as are
assessments.
Shareholders having delinquent administrative costs shall be
subject to the same penalties as are shareholders with
delinquent assessments and as are set out in Article VI, Section
3 hereof.
Section 4.
Contracts. The
Board of Directors may authorize any officer to enter into any
contract or execute and deliver any instrument in the name of
and on behalf of the Corporation, and such authority may be
general or confined to specific instances.
Section 5.
Loans. No
loans shall be contracted on behalf of the Corporation and no
evidences of indebtedness shall be issued in its name unless
authorized by a resolution of the Board of Directors.
Such authority shall be confined to specific instances.
Section 6.
Payment.
All checks, drafts or other orders for the payment of money
notes or other evidences of indebtedness issued in the name of
the Corporation, shall be signed by the President and Secretary
of the Corporation, in such manner as shall from time to time be
determined by resolution of the Board of Directors.
Section 7.
Deposits.
All funds of the Corporation shall be deposited from time to
time to the credit of the Corporation in such banks, trust
companies or other depositories as the Board of Directors may
select.
Article VI.
Certificates for shares and transfer.
Section 1.
Certificates for shares.
Certificated representing shares of the Corporation shall
be in such form as shall be determined by the Board of
Directors. Such
certificates shall be signed by the President and by the
Secretary and sealed with the Corporate seal.
All certificates for shares shall be consecutively
numbered. The name
and address of the person to whom the shares represented thereby
are issued, with the number of shares and date of issue, shall
be entered on the stock transfer books of the Corporation.
All certificates surrendered to the Corporation for
transfer shall be cancelled and no new certificate shall be
issued until the former certificate for a like number of shares
shall have been surrendered and cancelled, except that in case
of a lost, destroyed, or mutilated certificate a new one may be
issued there for upon such terms and indemnity to the
Corporation as the Board of Directors may prescribe.
Section 2.
Transfer of shares.
Transfers of shares of the Corporation shall be made
only on the stock transfer books of the Corporation by the
holder of record thereof or by his legal representative, who
shall furnish proper evidence of authority to transfer, or by
his attorney there unto authorized by power of attorney duly
executed and filed with the Secretary of the Corporation, and on
surrender for cancellation of the certificate for such shares.
The person in whose name shares stand on the books of the
Corporation shall be deemed by the Corporation to be the owner
thereof for all purposes.
The transfer of shares of the Corporation shall occur
only with the sale of real estate properly appurtenant to the
shares in the Corporation.
Shares in the Corporation are appurtenant to the real
property historically irrigated from the DeWeese-Dye Ditch and
Reservoir Company and which may continue to be irrigate by
gravity directly from the main ditch and lateral ditches of the
Corporation, and shares of the Corporation shall not be
transferred to any person who is not a fee simple owner on such
real property.
Nothing in these Articles or in the By-Laws of the Corporation
shall be interpreted to prevent the Corporation from leasing
forfeited shares of the Corporation on such terms and conditions
as the Board of Directors in its discretion shall from time to
time determine to owners or lessors of land which may be
irrigated by gravity directly from the main and lateral ditches
of the Corporation.
Section 3.
Forfeiture of shares and termination of water delivery.
Notice of the annual assessment and administrative
charges determined shall be provided shareholders not later than
May 1st of the year of determination.
Such charges shall be due in full on July 1st
of the year of determination.
Any charges or assessments which remain unpaid after July
1st shall bear interest at the rate of 18% per annum.
In the event assessments or charges remain unpaid, then
on April 1st of the year following the date of
billing, divider boxes serving the real property appurtenant to
the delinquent shares may, in the discretion of the Board of
Directors, be permanently closed and may not be reopened until
all delinquent charges, assessments, interest and penalties are
paid in full. In the
event divider boxes are closed because of non-payment of
assessments or charges or penalties thereon, the responsible
shareholder, his or her assigns, transferees or heirs shall also
be responsible for payment to the Corporation of all costs of
closure and reopening of divider boxes as an additional charge.
Closed divider boxes shall not be reopened until all
monies due the Corporation are paid in full and in advance of
reopening.
Shares and the rights there under may, in the discretion
of the Board of Directors, be forfeited when the assessments,
charges, any part thereof, or any fees, interest or penalties
have not been paid in full on or before April 1st of
the year following the billing.
Before resumption of delivery of water to such real
property, all delinquent assessments and charges, interest
thereon, actual cost of closure and reopening of the divider
boxes, and any other costs incurred by the Corporation in
terminating delivery or forfeiting shares shall be paid in full.
Forfeited shares, whether or not such shares are leased
or rented by the Corporation, shall be held by the Corporation,
and shall not be counted to determine voting rights or the
number of shares for a quorum.
Section 4.
Division of Shares.
Shares of the Corporation shall not be divided into a
denomination of less than one-half (½) share.
Section 5.
Change of use
E.
In addition to the fees and costs described in section D
above, the Applicant shall pay for the following:
1.
A
fee for the Superintendent’s [Ditch Rider’s] administration of
the change;
2.
The cost of measuring devices, additional or new headgates,
division boxes, flumes and outlet structures to administer the
change; and
3.
Fees for storage and carriage to compensate Shareholders and the
Ditch Company for seepage, shrinkage, evaporation, return flows,
and additional maintenance.
F. Each
certificate of stock hereinafter transferred shall contain the
following endorsements:
“Plans of
augmentation, exchanges and any changes of the water rights
appertaining to these shares are subject to the review of the
Board of Directors as provided in the bylaws of the Ditch
Company.”
G. If any portion of this bylaw is declared null or void by a
court of law, the remaining portions
of this bylaw shall
remain in full force and effect.
Article VII.
Operations
Section 1.
Shareholder Responsibilities.
Shareholders have the right to delivery of water
allocated to them for the irrigation of their land within the
prescribed time and limits as established by the Board of
Directors of the Corporation.
Shareholders shall use every means at their disposal to
conserve water: (a)
by closing their divider box, when not in use; (b) by
maintaining their lateral ditches and culverts in good repair;
and (c) by keeping their lateral ditches free of vegetation and
debris. If
inspection of a lateral indicates cleaning is required to insure
correct delivery of water, the Board of Directors will take
necessary action to correct the problem.
The expense of cleaning shall be born by nonparticipating
shareholders on a pro rata basis.
Nonparticipating shareholders shall be required to
provide labor, spraying or a financial contribution for the
equipment, labor and other costs of cleaning.
Section 2.
Divider boxes and pumps.
Delivery of water to shareholders shall be through
divider boxes which are installed and maintained pursuant to the
specifications promulgated and approved by the Board of
Directors of the Corporation.
Said specifications shall determine the physical
dimensions of the divide box based on the number of shares of
each division served by the divider box.
No pumps shall be allowed for delivery of
water on main ditches or laterals.
Pumps can be installed by shareholders on their side of
the divide box. This
provides that the integrity of the division of water is
preserved.
Section 3.
Change of flow, drainage and damage.
No person or entity shall change the division of water by
any device, item, pipe or any other obstruction, what-so-ever,
to provide an advantage of increased water to a shareholder or
shareholders over others.
Water shall not be piped to areas outside of the decreed
area of irrigation for DeWeese Ditch.
It shall be unlawful to discharge any contaminated water
or controlled runoff into the DeWeese irrigation system.
Any such condition shall be abated, within three days,
upon receipt of written notice by an official representative of
DeWeese Ditch to the offending person or entity.
Costs of such abatement and repair shall be borne by the
offending person or entity including the costs of litigation and
reasonable attorney’s fees.
In the event a person or entity causes damage to or
unlawful contamination of the irrigation system and fails to
rectify or correct the situation within three days after receipt
of written notice, then the Corporation may correct or repair
such damage or contamination and assess the offender.
Note;
Violators of Sections 1, 2, & 3 will be given written notices to
correct the violation within three days.
If the violation is repeated, the Board of Directors are
authorized to levy an appropriate fine or suspend delivery of
water to the offending shareholder for the remainder of the
irrigation season.
In an effort to increase legal enforcement, we are adding
Colorado State Statutes which cover both irrigation Law and
Right-of -way to our By-Laws.
This will allow the Fremont County Sheriff to investigate
and prosecute cases that require legal resolution.
A.
37-42-109 - Penalty for damage.
Any person who willfully or maliciously damages or
interferes with any road, ditch, flume, bridge, ferry, railroad,
or telegraph line or any of the fixtures, tools, implements,
appurtenances, or property of any Corporation which is organized
under the provisions of law is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than
five hundred dollars, or by imprisonment in the county jail for
not more than one year, or by both such fine and imprisonment.
Any such fine shall be paid into the county treasury, and the
offender shall also pay all damages that any such Corporation
sustains, together with costs of suit.
B.
37-84-124 - Amount of water taken.
It is the duty of every person who is entitled to
take water for irrigation purposes from any ditch, canal, or
reservoir to see that he receives no more water from such ditch,
canal, or reservoir through his headgate, or by any ways or
means whatsoever, than the amount to which he is entitled. At
all times, such person shall take every precaution to prevent
more water than the amount to which he is entitled from such
ditch, canal, or reservoir from coming upon his land.
C.
37-84-125 - Receipt of too much water.
It is the duty of every such person, taking water
from any ditch, canal, or reservoir, to be used for irrigation
purposes, on finding that he is receiving more water from such
ditch, canal, or reservoir, either through his headgate or by
means of leaks, or by any means whatsoever, immediately to take
steps to prevent his further receiving more water from such
ditch, canal, or reservoir than the amount to which he is
entitled. If knowingly he permits such extra water to come upon
his land from such ditch, canal, or reservoir, and does not
immediately notify the owners of such ditch or take steps to
prevent its further flowing upon his land, he shall be liable to
any person, company, or Corporation who may be injured by such
extra appropriation of water, for the actual damage sustained by
the party aggrieved. The damages shall be adjudged to be paid,
together with the costs of suit, and a reasonable attorney's fee
to be fixed by the court and taxed with the costs.
D.
37-89-101 - Penalty for cutting or breaking gate, bank,
flume.
Any person who knowingly and willfully cuts, digs,
breaks down, or opens any gate, bank, embankment, or side of any
ditch, canal, flume, feeder, or reservoir, or who knowingly and
willfully breaks, cuts, checks, or otherwise interferes with the
flow of water in any drainage ditch, box drain, or tile drain,
or any manhole, or other opening in any box drain or tile drain,
in which such person may be a joint owner, or which may be the
property of another, or in the lawful possession of another and
used for the purpose of drainage, irrigation, manufacturing,
mining, or domestic purposes, with malicious intent to injure
any person, association, or Corporation, or for his own gain,
unlawfully, with intent of stealing, taking, or causing to run
or pour out of or into such ditch, canal, reservoir, feeder,
flume, drainage ditch, box drain, or tile drain any water for
his own profit, benefit, or advantage, or with intent to check
or change the flow in any such ditch, canal, feeder, flume,
drainage ditch, box drain, or tile drain, to the injury of any
other person, association, or Corporation, lawfully in the use
of such water or of such ditch, canal, reservoir, feeder, flume,
drainage ditch, box drain, or tile drain, is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than five dollars nor more than three hundred
dollars or by imprisonment in the county jail for not more than
ninety days.
E.
37-86-102 - Right-of-way through other lands.
Any person owning a water right or conditional water
right shall be entitled to a right-of-way through the lands
which lie between the point of diversion and point of use or
proposed use for the purpose of transporting water for
beneficial use in accordance with said water right or
conditional water right.
F.
7-42-103 - Right-of-way.
Any ditch, reservoir, or pipeline Corporation formed
under the provisions of law shall have the right-of-way over the
line named in the certificate, and shall also have the right to
run water from the stream, channel, or water source, whether
natural or artificial, named in the certificate through its
ditch or pipeline, and store the same in any reservoir of the
company when not needed for immediate use. The line proposed
shall not interfere with any other ditch, pipeline, or reservoir
having prior rights, except the right to cross by pipe or flume;
nor shall the water of any stream, channel, or other water
course, whether natural or artificial, be diverted from its
original channel or source to the detriment of any person or
persons having priority of right thereto, but this shall not be
construed to prevent the appropriation and use of
any water not theretofore utilized and applied to
beneficial uses.
G.
37-86-103 - Extent of right-of-way.
Such right-of-way shall extend only to a ditch, dike,
cutting, pipeline, or other structure sufficient for the purpose
required.
H.
37-86-106 - Shortest route must be taken.
Whenever any persons find it necessary to convey
water through the lands of others, they shall select for the
line of such conveyance the shortest and most direct route
practicable upon which said ditch can be constructed with
uniform or nearly uniform grade.
Section 4.
Subdivisions.
Whenever real property appurtenant to the shares of stock of the
Corporation is subdivided, the Board of Directors shall be
notified. The owner
or owners of such real property shall provide the necessary
rights-of-way, divider boxes, and easements for all ditches for
irrigation purposes of said subdivision together with reasonable
access thereto. Such easements and access and thereto shall be a
part of each deed conveying ownership.
Any transfer of stock in the Corporation shall be made
pursuant to these Articles.
Delivery of water by the Corporation shall be restricted
to the points of delivery in existence at the time these
Articles were executed or as the Board of Directors may
hereafter authorize.
Article VIII.
Corporate seal.
The Corporate seal of the Corporation shall consist of a
device as follows:
Two concentric circles, between which shall be the works
“The DeWeese-Dye Ditch and Reservoir Co.”
With the word “Seal” and “Canon City, Colorado” within
the circle and such seal is hereby adopted as the Corporate seal
of the Corporation, and an impression thereof is affixed to the
margin hereof.
Article IX.
Waiver of notice
Whenever any notice is required to be given to any
shareholder or Director of the Corporation under the provisions
of these By-Laws or under the provisions of the articles of in
Corporation or under the provisions of the Colorado Corporation
Act, a waiver thereof in writing, signed by the person or
persons entitled to such notice, whether before or after the
time stated therein, shall be deemed equivalent to the giving of
such notice.
Article X.
Amendments
These By-Laws may be altered, amended or repealed and new
By-Laws may be adopted by the shareholders at any regular
meeting or special meeting.
I certify that the foregoing By-Laws were adopted at the
annual meeting of the Board of Directors and shareholders of the
DeWeese-Dye Ditch and Reservoir Company, Inc. On this 12th
day of January, 2019.