Rule 1. Each stockholder/user of water (each, a”User”) from the ditch of the Last Chance Irrigation Company (“Company”), at their own cost and expense, for the purpose of measuring the quantity of water delivered to such User, shall install and maintain at each point from which the User proposes to divert water from the ditch a measuring box or weir; and no User shall be entitled to have their water transported until such a measuring box or weir has been so constructed, or during any time such box or weir is not in a condition satisfactory to the Company, or during any time that the Company has not been reimbursed for any expense advanced by the Company for the purpose of installing or maintaining such measuring box or weir.
Rule 2. Each User, at their own cost and expense, for the purpose of controlling the flow of water delivered to such User shall install and maintain a headgate, to the Company’s reasonable satisfaction, or the Company may, at its discretion and at the User’s expense, install and maintain such a headgate, which headgate and the installation thereof, shall conform to the following specifications:
a) Calco Slide Headgate, Model No. 104, its equivalent or better, as determined by the Company.
No User shall be entitled to have their water transported until such headgate has been so constructed, or during any time such headgate is not in a condition satisfactory to the Company, or during any time that the Company has not been reimbursed for any expense advanced by the Company for the purpose of installing and maintaining such headgate.
Rule 3. A User may only rotate his head of water among more than one diversion gate, or with another User, only after obtaining the written consent of the President of the Company or a majority of the Board of Directors.
Rule 4. In all cases where provision is made for the common diversion of water from the Company’s ditch for the benefit of two or more Users, only so much water shall be diverted through such common diversion point as shall have been fully paid for in respect of transportation charges for past years and deposits on transportation charges for the current year; provided for the purpose of this Rule, any extension of time granted by the Directors to any User, in accordance with the Bylaws of the Company, as amended from time to time, for the payment of part of the deposit for transportation charges for the current year, shall be considered as payment of such deposit.
Rule 5. If any User is found to be diverting more water from the Company’s ditch than that to which such User is entitled, the Directors may, in their discretion, (i) terminate such User’s right to have their water transported through the Company’s ditch for any period not exceeding the duration of the current irrigating season; or (ii) if such User has more than one point of diversion for the purpose of rotation, require such User to refrain from rotating and to divert his water from the Company’s ditch only in such amounts and at such point or points as the Directors shall specify for any period not exceeding the duration of the current irrigating season.
Rule 6. Each User shall post a notice at each point on the ditch from which he diverts water from the ditch, which notice shall contain the following information:
a) Name and address of User.
b) Amount of water diverted from the ditch at such point by or for the benefit of such User.
c) Whether such User rotates the diversion of his water between various diverting points and, if so, an identification of such other diverting point or points.
d) Whether the right to have such water transported through the Company’s ditch is by reason of capital stock ownership in the Company, or by contract with the Company, or otherwise; and if not by reason of such capital stock ownership in the Company, then how much, if any, is the amount of the annual transportation charge to be paid to the Company for the transportation of such water.
Such notice must remain posted at all such points of diversion from the ditch and shall be replaced by the User when necessary. User will also deliver a copy of such notice to the Secretary of the Company. No water may be diverted from the ditch by or for the benefit of any User who has not complied with this Rule, and no water may be diverted from the ditch except such water as has been specified in such notice.
Rule 7. Any User wishing to take less than the full amount of water to which he is entitled during the irrigating season must notify the Company, in writing, prior to December 1st of the year preceding such irrigating season, stating the amount of water the User wishes to have transported during such irrigating season. Notwithstanding the forgoing, regardless of the quantity of water requested or actually transported to a User, each User will be charged for, and must pay, all deposits, payments, and other amounts due, as set forth in the Bylaws and these Rules, including, without limitation, the transportation costs for such irrigating season, based on the total number of shares such User holds at the commencement of the irrigation season.
Rule 8. The refusal of the Company to transport water for the benefit of any User for any reason which is justified under these Rules or the Bylaws shall not entitle such User to any credit or refund on account of water charges, and the Company shall not be liable for any damage resulting from such justified refusal to transport water for the benefit of such User.
Rule 9. Any User who fails to make payment in full of any amounts due to the Company within the time period set forth below will pay, in addition to the amounts due, the corresponding late fee.