Amended and Restated Bylaws of The Bessemer Irrigating Ditch Company

As adopted: May 11, 2009
As amended: Nov. 12, 2019; Dec. 7, 2017; Dec. 8, 2016; Aug. 12, 2015; Sept. 9, 2010

ARTICLE IX - DISTRIBUTION OF WATER

SECTION 1. Each holder of capital stock of the Company shall be entitled to receive from the Company a proportionate share of the Company's water, and that share shall be the proportion which the number of shares of stock held by such stockholder bears to the entire outstanding stock of the Company. In order that the water carried in the main ditch may be equitably distributed among the stockholders taking delivery of water through the main ditch, the directors and the persons entrusted by them with the management of the ditch are empowered to rotate water among stockholders, or to divide the ditch into districts for the distribution of water, or to adopt such other methods as in their judgment may from time to time become necessary to secure to all stockholders their proportionate share of water carried in the main ditch.

SECTION 2. The Company shall not be considered as guaranteeing to the holders of stock the use at all times of the full amount of water to which they are respectively entitled, and if in the distribution of water any stockholder may at any time fail to receive his, her or its proportionate share, the Company shall not be liable to such stockholder in damages if such failure was caused by an error in judgment on the part of those charged with the distribution of water or by reason of circumstances beyond the control of such persons, but shall only be liable in case such failure to distribute water equally was the result of some willful discrimination against such stockholder on the part of the directors or those charged by the directors with the distribution of water.

SECTION 3. No stockholder shall be permitted to waste water, and in case of any such waste, the Board of Directors shall take such steps as it deems necessary to prevent or punish the same. This Section 3 does not empower the Board of Directors to regulate the beneficial use of water being made in compliance with any decree governing the use of the stockholders' water rights in the Company.

SECTION 4. The point of distribution and delivery of water by the Company to the respective stockholders taking delivery of water through the main ditch shall be on the main ditch, at the headgates of the respective laterals through which they receive their respective amounts of water. The Superintendent shall apportion and regulate the use of water among such stockholders by allowing to flow into each lateral headgate on the main ditch such proportion of the Company's water flowing in the main ditch as is needed to furnish the proper pro rata amount for the aggregate number of shares of stock of this Company held by stockholders taking water through each of said respective laterals; and neither the Company nor the Superintendent shall be under any obligation to see to the maintenance of any of the said laterals or to the distribution of water through any of said laterals to the respective individual stockholder thereunder after it has left the main ditch. All lateral headgates and appliances on the line of the Company's main ditch shall at all times be under the absolute and exclusive control of the Company.

SECTION 5. No stockholder shall at any time, except by express written permission from the Superintendent, open, adjust or otherwise interfere with any such lateral headgate. All lateral headgates on the line of the Company's main ditch shall be put in and maintained by the Company at the Company' s expense and shall be and remain the property of the Company.

SECTION 6. Any requests for changes to head gates on the main ditch should be directed to the Company's ditch rider. During weekdays requests for changes to be made the same day must be received by the ditch rider no later than 2:00 PM; requests for changes to head gates received by the ditch rider after 2:00 PM on weekdays will be made the following day. During weekends requests for changes to be made the same day must be received by the ditch rider no later than 6:30 AM; requests for changes to head gates received by the ditch rider after 6:30 AM on weekends will be made the following day.