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HomeMy WebLinkAbout9091441.1 1.2 1.3 1.4 1.5 2.1 2.2 RECEIVED 6/10/2005 at 3:54 PM ' 0 0 ?~7 5 RECEIVING # 909144 BOOK: 587 PAGE: 775 AMENDED BY-LAWS JEANNE WAGNER LINCOLN COUNTY CLERK KEMMERER, WY ARTICLE 1: DESIGNATION, DEFINITIONS, AIMS, AND AMENDMENTS NAME: The name of this organization shall be the SMITH'S FORK IRRIGATION DISTRICT. The Covey Canal and Mau Canal are appendages to the system and part of the District. MEMBER: Any person or corporation owning or entitled by virtue of public land filing to the possession of land within the District. PLURALITY: In any election or vote of MEMBERS, each MEMBER shall be entitled to cast one (1) vote for each irrigable acre of such land assessed upon the last annual assessment of said District. A PLURALITY is a majority of said votes. A/MS: To provide a conveyance system to deliver irrigation water to the individual users in the District. AMENDMENTS: These By-Laws may be amended by a PLURALITY cast by MEMBERS voting at any regular meeting, provided that specific notice of such change is given in the call for the meeting at least ten (10) days in advance of said meeting. ARTICLE 2: GOVERNING BODY DISTRICT COMMISSIONERS: The governing body of the SMITH'S FORK IRRIGATION DISTRICT shall be comprised of three (3) commissioners. One (1) commissioner shall be elected from each of the three (3) commissioner districts as declared by the District Court. COMMISSIONER DISTRICTS: Commissioners District No. 1 of the Smith's Fork Irrigation District, shall consist of all of the lands herein described and lying North of a line particularly described as: Begi]ming at the Southwest corner of Tract 43, Twp. 24 N., Range 119 W., of the 6th P.M.; thence East along the Southerly boundary line of said tract to the Southeast corner thereof; thence along the Southerly boundary of Tract 32, said Twp., and Range to the Southeast corner thereof; thence North along the Easterly boundary of said Tract 32, to the Northwest corner of Tract 41; thence East along the Northerly boundary of Tracts 41 and 40; thence North along the Easterly boundary of Tract 47 to the Northerly Boundary of Lot 12, Sec. 33, Twp. 24, N., R. 119 W. Of the 6th P.M.; thence East along the Northerly boundary of said Lot, extending to the Westerly line of Sec. 34. said Twp. and Range; thence North to the Northwest corner of said Sec.; thence to the Easterly boundary line of said Smith's Fork Irrigation District. -1- 2.3 i)0778 Commissioners District No. 2 shall consist of all of the lands South and East of the above line and North and West of a line more particularly described as follows: · .. ~: , .: >.; ,~ Beginning at the Southwest comer of Tract 44, Twp. 23, N., Range 119 West of the 6th P.M. and thence East to the Southeast comer of said tract; thence East to the Easterly right-of-way boundary of the Union Pacific Railroad Company; thence Northeast along said right-of-way boundary line to the projection of the South bonndary of the North half of Tract 45, said Twp., and Range; thence East along said projected line and said South Center Boundary line to the easterly end of said line; thence North along the easterly most line of said Tract 45, to the Northeast comer thereof; thence East to the Southeast comer of Tract 49; thence North along the east line of said Tract 49 to the Northeast comer thereof; thence North to the Northeast comer of Tract 57; thence East to the Southeast comer of Tract 61; thence South to the Southwest comer of Tract 60; thence East to the Southeast comer of Tract 60, a point on the exterior boundary line of said Smith's Fork Irrigation District. Commissioners District No. 3 shall consist of all of the lands SOuth and East of the above described line. ELECTION OF COMMISSIONERS: The commissioners of the District shall fix the hour and place, within the boundaries of or at a place convenient to the landowners within the irrigation district, of each election and preside at the same. It shall be the duty of the commissioners, at least twenty (20) days prior to the date of an election, to mail to each MEMBER entitled to vote thereat, at his or its last known place of residence or business, a notice stating the time, place and purpose of such elections. Each MEMBER with land situated within and being a part of any commissioner district in which an election for commissioner is being held, and upon which land no assessment for operation, lnaintenance or repairs is delinquent for more than four (4) years, shall be entitled to cast, for the commissioner to be elected, for the commissioner district wherein such land is situated, one (1) vote for each irrigable acre of such land assessed upon the last annual assessment of said District. At the hour and place of such election the commissioners shall call the roll of those entitled to vote, and the number of votes each is entitled to cast. They shall make a record of the qualified voter present, receive all proxies and prescribe the manner of canvassing votes. All proxies shall be in writing and signed by the person or corporation entitled to vote. Any MEMBER who is qualified to vote in ANY election but fails to appear at any duly called meeting and fails to timely submit a proxy shall result in the commissioners equally dividing and voting the absent MEMBER'S votes as a default proxy. No person shall be declared elected as a commissioner who shall not be a landowner in said commissioner district and who shall not have received a majority of all votes cast by the qualified voters of said commissioner district. No election shall be invalid by reason of the fact that a majority of the acreage within the district was not represented at such election. If an election is conducted at which no qualified MEMBER of the commissioner district is present to vote -2- 2.4 2.5 3.1 3.2 3.3 : 777 the other two commissioners shall appoint a commissioner for a one (1) year term with an election for the unexpired term being conducted at the next annual election for said commissioner's district. Whenever the office of any elected commissioner shall become vacant by reason of death, resignation or other cause, the vacancy shall be filled by the surviving commissioners for the unexpired term. TERM OF OFFICE: The term of an elected commissioner shall commence upon the third Tuesday in February next ensuing after his election for a term of three (3) years, except commissioners elected to fill an unexpired term. ORGANIZATION OF COMMISSIONERS AND POWERS AND DUTIES: The commissioners shall organize as a board, elect a president from their number and appoint a secretary-treasurer who may or may not be a member of the board. The board shall have power, and it shall be their duty, to adopt by-laws, manage and conduct the affairs and business of, the district, make and execute all necessary contracts, employ such agents, attorneys, officers and employees as may be required, and prescribe their duties, establish equitable rules and regulations for the distribution and use of water to and upon the lands of the District; provide, always, that such rules shall not be in conflict with or contrary to any statute of the State of Wyoming relative to such matters. ARTICLE 3: RULES AND REGULATIONS STATE OF WYOMING WATER LAW: The board of commissioners will uphold all of the provisions of the State of Wyoming body of water law. Nothing in these by-laws shall be construed as to in any manner impairing existing water rights, appropriations or priorities in the District. Effective July 1, 1990, the board of commissioners will only authorize change in diversion or addition or unirrigated lands upon presentation to the board a petition signed by a sufficient number of MEMBERS to represent a PLURALITY of assessed acreage within the District; the appropriate documents from the State of Wyoming Engineer's Office; and certification that the documents are in order and complete from the Water Commissioner of District 4. Those MEMBERS either presently or in the past who have lands being irrigated which are not assessed and upon notification by the board ofcorm~issioners shall have until July 1, 1995 to complete before mentioned requirements. At that time the board of commissioners shall require that the District no longer deliver water to said MEMBERS. HEADGATES: The installation and maintenance of headgates is the responsibility of the OWNERS of land within the District. Headgates are to be of a type which can be regulated and shut off. There shall be no diversion of water from the canals through an unstructured cut in the bank. PUMPING STATIONS: If it is necessary to have a pumping station on the lower bank of the canals, a road shall be required to be built around it at the expense of the MEMBER. The road shall be constructed in order to accommodate ditch maintenance equipment. -3- ? 00778 3.4 FENCES: Each cross-fence is the responsibility of the MEMBERS within the District. Each cross-fence is to have a gate on the canal lower bank of sufficient size that a tractor or a digger may get through. MEMBERS are responsible for the removal of trash and debris from the fence. In the event that MEMBERS do not exercise this responsibility, maintenance will be performed by the District at MEMBERS expense. When two (2) or more MEMBERS share the same fence, they shall share equally in responsibility for the fence. 3.5 STRUCTURES IN CANALS: There shall be no check, dam or structure put in the canals which shall in any way cause the water in front of the structure to be higher than the water below the structure. The only exception being the last user on each canal or by the written consent of every MEMBER below the structure on the canal. 3.6 DELINQUENCY: The MEMBERS of the District shall be notified by the secretary of the board within ten (10) days after receiving notification of said delinquency from the County Treasurer. 3.7 MINOR CONSTRUCTION: To facilitate timely maintenance and repair on the canals, the board will by April 1 each year obtain a written quote from owners and operators of small construction equipment of the hourly charge for operating said equipment. In order to receive reimbursement for work on the canals, approval from a member of the board commissioners must be received. PASSED AND ADOPTED this ,/~,' day of ,~z~/',"/ , 2005. Member and President S ecra'"ary I, ~ ,.~ i~o~ I~-I ~ 'J , Secretary of The Smith's Fork Irrigation District, do hereby certify that the above Amended By-Laws are a true and correct copy of the Amended By- Laws adopted by the Members and properly signed by the President and Secretary of said Irrigation District. Dated this / O day of ,~'~-~ -- ~ ,2005. (Corporate seal) Sectary -4-