Question 1

ARTICLE VII.  FEES. ASSESSMENTS AND CHARGES

Accepted Answer

Section 1. Levy of Charges. 
Each member will receive an annual bill by June 1. Payment will be due by June 30.

In order to maintain, improve, operate and administer the Corporation and the Corporation's property, including the ditch and its water rights, each member is obligated to pay the fees, assessments and charges (hereinafter referred to as "charges"), as may be determined from time to time by the members entitled to vote at such meeting. Such charges are secured as a continuing lien upon the members' property located within the membership area as described in Article I. 
Any charges which are not paid when due shall be delinquent. If a charge is not paid within thirty (30) days after the due date, the charge shall bear interest from the date of delinquency at the rate of fifteen percent (15%) per annum, and the delinquent member's voting rights in the Corporation shall be suspended and said delinquent member shall no longer have the right to receive water from the Spearfish Evans-Tonn Ditch Company or any laterals connected thereto. Furthermore, the Corporation may bring an action at law against the member personally obligated to pay the same or foreclose the lien against the member's property and interest, costs and reasonable attorney's fees for any such action shall be added to the amount of such charge. Upon payment of all delinquent charges, interest, costs and attorneys fees, if any, all suspended voting rights and receipt of water service shall be promptly restored to the member. No member may waive or othervvise escape liability for the charges provided for herein by nonuse of water or abandonment of their property.
 
Section 2. Annual Membership Fee. 
On or before the first day of May of each year, the membership shall determine an annual membership fee required to carry out the affairs, duties and goals of the Corporation during the twelve (12) months beginning on the first day of May of each year. Fees that remain unpaid and are therefore past due and delinquent shall bear interest and be treated as a delinquent charge as referenced in Section 1.
 
Section 3. Special Fees. 
In addition to the above-stated annual membership fees, the Corporation may fix and collect from time to time special fees from the entire membership for unexpected or unanticipated expenses, provided that said special fees shall first be approved by eighty percent (80%) vote of the members entitled to vote at such meeting. This provision is intended to cover, among other things, those instances when unanticipated maintenance or repair of the ditch or corporate property is required to preserve, protect and continue use of the Corporation'' water rights by its members.
 
Section 4. Notice of Lien. 
Any notice of lien record, unpaid and delinquent fees, past due more than thirty (30) days, shall constitute a lien upon the delinquent member's property. A notice of lien may be recorded with the office of the register of deeds of Lawrence County, South Dakota, identifying the name and last known address of the member; the legal description of the property affected by the lien; the amount of the lien; and the name and address of the Corporation's agent authorized to release such lien.

Question 2

ARTICLE VIII.  CORPORATE SEAL

Accepted Answer

The corporate seal of the Corporation shall consist of two concentric circles, between which shall be the name of the Corporation, and in the center of which shall be inscribed the year of its incorporation and the words "Corporate Sea!, State of South Dakota."

Question 3

ARTICLE IX.  BOOKS AND RECORDS

Accepted Answer

The Articles of Incorporation, Bylaws, books, records and papers of the Corporation shall be available for inspection by any voting member of the Corporation upon reasonable notice.

Question 4

ARTICLE X.  AMENDMENT OF BYLAWS

Accepted Answer

These Bylaws may be amended, at a regular or special meeting of the members, by a majority vote of the authorized membership voting power entitled to vote at such meeting.

Question 5

ARTICLE Xl.  FISCAL YEAR

Accepted Answer

The fiscal year of the Corporation shall begin on the 1st day of January and end on the 31st day of December of every year, except the first fiscal year shall begin on the date of incorporation.

Question 6

ARTICLE XII.  DISSOLUTION

Accepted Answer

The Corporation may be dissolved with the assent given in writing and signed by two-thirds (2/3) of the authorized membership voting power.

Question 7

ARTICLE XIII. INDEMNIFICATION

Accepted Answer

The Corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, other than an action by or in the right of the Corporation, by reason of the fact that that person is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another corporation, limited liability company, partnership, joint venture, trust or other enterprise, against expenses, including attorneys' fee, judgments, fines and amounts paid in settlement actually and reasonably incurred by that person in connection with such action, suit or proceeding if that person acted in good faith and in a manner that person reasonably believed to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe such conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, does not, of itself, create a presumption that the person did not act in good faith and in a manner which that person reasonably believed to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that such conduct was unlawful.

Question 8

CERTIFICATION OF CODE OF BYLAWS

Accepted Answer

The undersigned, the Secretary and all Directors of SPEARFISH EVANS-TONN DITCH COMPANY, hereby certify that the foregoing constitutes the true and correct "Code of Bylaws of SPEARFISH EVANS-TONN DITCH COMPANY" and declare that such Bylaws become effective upon their insertion in the Corporation Record.
 
Witnessed this 17th day of April, 2023, the hands of the 
undersigned, the seal in attestation of such Certification.
 
*See official PDF with signatures (Downloadable PDF)

Annual Meeting

April 8, 2026

Meeting 6:00 - 6:45 pm

6:45 - 7:15 pm - 150th Celebration

Our Board of Directors

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EVANS-TONN DITCH Co.