No Special Meeting Has Been Called By the Cooperative on Sept. 5th

NOTICE

To clear up some confusion. No meeting was called for Thursday Sept. 5th. Anywhere. To call a special meeting there are provisions in the by-laws that must be followed. We know there is much rumor and media attention to some issues and this will all work out. Focus on protecting the well owner’s right to 2 ac ft of water and less on propaganda.

Yes three director’s resigned on Monday, Aug 26th and their resignation were accepted. Two resigned as cooperative members. Again, our by-laws cover member resignations and replacement of directors.

Stay tuned for future updates.

AB95 Signed By Governor Into Law

Governor Sisolac signed into law AB95 . The cooperative opposed this bill on several fronts, domestic wells had been exempt from state water law and the cooperative believes this was an error by the legislature to give the State Engineer such administrative power. The legislature, State Engineer and Governor’s office chose to ignore the past supremacy of a domestic owner’s right to the water under their property and used this bill to overturn over 150 years of precedence.

So where do we go from here? Our goal now is to focus on critical management and preventing basin 162 from ever getting to the point where the State Engineer declares it. If the State Engineer were to declare critical management, then under this new law, you fellow domestic well owners ‘could’ have your yearly allocation of water withdrawal reduced from 2 ac. ft. to 1/2 ac. ft. And this would end the rural lifestyle you now enjoy, and have a severe financial impact as well as use you enjoy of your property.

We are all in the together as a cooperative. We need to grow our voice by inviting fellow rural residents, and domestic well owners to join our collaborative effort as members of the cooperative.

You will be kept up to date as to the efforts going forward to protect and preserve your domestic well and property rights. Stay tuned.

Updated By-laws April 2019

Approved – April 25, 2019                                     

PRIVATE WELL OWNERS CO-OPERTIVE

ASSOCIATION OF NYE COUNTY

BY-LAWS

ARTICLE I. NAME OF ORGANIZATION

Section 1.  Name.  The name of this association is “Private Well Owners Co-Operative Association” for a truly sustainable of a “Traditional Rural Life Style” bringing common good and general welfare of the people of the community.  It is designated as an incorporated, non-profit, non-stock association created under the laws of the State of Nevada, in the County of Nye and under the IRS Code 501(c)(12).  “Co-Operative” being defined as: Collaborative, combined, joint, shared interest, mutual.

ARTICLE II. LOCATION

Section 1:  Location.  This temporary Office is located at The Pahrump Museum 401 E. Basin St. Pahrump Nevada 89041.   The association mailing address is P O Box 2073, Pahrump, Nevada 89041-2073.  The association, by the Board of Directors (the “Board”) shall establish the permanent: office, mailing address, and telephone number, email address and web site as soon as fiscally possible for the association.  The Articles and By-Laws shall be amended by the Board for updating purposes and the membership shall be notified in writing or electronically by the Board within thirty (30) days, of the amended Articles and/or By-Laws with page changes so they may be placed in their copy of the documents of the association upon voting of the membership.  The filing of the Amended Articles with this information to the State of Nevada shall be done in a timely manner. 

ARTICLE III. GOVERNING AUTHORITIES

Section 3.  Governing AuthoritiesThe association shall be governed by the laws of the State of Nevada specific to Nevada Revised Statute and to its internal affairs the law of jurisdiction shall be in Nye County in the State of Nevada and it is formed to qualify as a social welfare association to promote a truly sustainable of a “Traditional Rural Life Style” bringing common good and general welfare of the people of the community under section 501(c)(12) of the Internal Revenue Code.

ARTICLE IV.  NONPROFIT INTENT AND PURPOSE

Section 1.  Intent of the Association.  A.  The Associations mission is to assist the individual well owner to ensure their right to draw 2 acre-feet of water per year is protected under the

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CONTINUED – ARTICLE IV. Section 1. Intent of the Association.

Nevada Revised Statutes (534.180)(3) Ensure the total withdrawal of water from the well does not exceed 2 acre-feet per year; and (534.185)(b) It is used solely for domestic purposes by not more than three single-family dwellings.  The Association is dedicated to protecting domestic well owner’s water supply and to advancing good groundwater stewardship by raising awareness and education on a variety of groundwater issues that affects everyone with a private water supply for a “Rural Life Style”.  B. The association shall have a perpetual existence. Members may routinely join or resign in such a way as not to disrupt ongoing operations of the association

and shall be in accordance with the By-Laws and Policies of this cooperative. The association

only has laws and regulation based on justification for the benefit of all members and shall have

the power to construct and argue any case convincingly to the benefit of its members of this domestic well association.  C.  The association is subject to all duties, restrictions, and liabilities set forth in the general laws relating to like or similar corporations under the guidelines of a 501(c).

Section 2.  Specific Purpose.  To promote “quality of Life” (that includes factors such as the quality of the environment (air, soil, water), education and common good ensuring sustainability of a “Traditional Rural Life Style” and to encourage all local groups and associations that foster the same. The association may engage in all lawful activities that may be incidental or reasonably necessary to any of these purposes, and it shall have and may exercise all other powers and authority now or here after conferred upon unincorporated nonprofit corporations in the State of Nevada. The association may engage in all other legal charitable activities permitted to an association exempt from federal income tax under Section 501(c) of the Code or corresponding future provisions of the federal tax law.

ARTICLE V.   MEMBERS

Section 1.  Eligibility for Membership.  NRS 82.231.  Powers of corporation: classes, qualifications and rights of members; term of membership. A. Regular Members.  Every person who upon written application and consent to be a regular member of the association and verified by the association in accordance to, but not limited to the records kept in the County Recorder’s office of the potential member’s ownership of real property or a purchaser of real estate through a purchase agreement of a fee, or undivided fee interest in any parcel or property within Nye County in  the State of Nevada, shall be eligible for membership in the association upon final screening by the Board of Directors.  “All properties must have a well in good working order” and be at least one acre in size.

Section 2.  Annual DuesDues are from Jan 1st of each year to December 31st of that same year. The amount required for annual dues shall be Sixty (60) dollars payable prior to the beginning of the election held at the February meeting.  New members’ dues will be prorated throughout the year at the rate of $5.00 per month. Continued membership is contingent upon being up-to-date on membership dues.  A late due notice will be mailed one time only.

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CONTINUED – ARTICLE V.  MEMBERS. 

Section 3.  Limitation on Memberships.  No member may hold more than one membership in the association, and no membership in the association shall be transferable, except as provided in these bylaws. 

 Section 4.  Membership Certificates.  Membership in the association shall be evidenced by a membership certificate which shall be in such form and shall contain such provisions as shall be determined by the Board.  In case a certificate is lost, destroyed or mutilated a new certificate may be issued therefore upon such uniform terms and indemnity to the organization as the board may prescribe. 

Section 5. Transfer of Membership.  There shall be no transfer of membership.   

Section 6.  Resignation and Termination.  Any member may resign by filing a written resignation with the secretary.  Resignation shall not relieve a member of unpaid dues, or other charges previously accrued.  A member can have their membership terminated by a majority vote of the membership.

ARTICLE V1.  MEETINGS OF MEMBERS

Section 1.  Regular Meetings.  Regular meetings of the members shall be held monthly, at a

time and place designated by the Board.  The association will be guided by the Open Meeting Laws of the Revised State of Nevada Statute: Chapter 241 and shall comply with the spirit of the open meeting law.  The association’s intent that its deliberations and actions be conducted and taken openly.  The meetings shall be recorded using audio recording devices, and these recordings will be kept for five (5) year at the main office of the association.  The agenda, the minutes (draft originally and later subsequently the approved) and the audio recording, shall be provided to the main office of the association within ten (10) days to review the members concerns by the Board which may require the attention of the Board or total membership of the association.  The association at any meeting shall record, keep manual minutes with the time, meeting location, any subjects discussed, motions and seconds, votes taken, and members in attendance (members will be requested by the association to sign in for purposes of a quorum, but will not be denied entry if the member does not desire to sign in). All minutes will be available on the website to the members within seven (7) days, with digital, electronic and hard copies of same, so the membership at the next meeting will have a chance to review them prior to the approval or disapproval of the membership of the minutes. The approved minutes shall be available within thirty (30) days of the meeting and will be maintained for five (5) years in a log book in the main office of the association.                                                                                                              

Section 2. Annual Meetings.  The annual meeting of the members, with written notice sent out in the month of December, shall be held during the month of February of each year, at such a place within a county served by the association, as selected by the Board of Directors and which shall be designated in the notice of the meeting, for the purpose of electing board members, passing upon reports for the previous fiscal year and transacting such other business as may

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CONTINUED – ARTICLE VI. MEETING OF MEMBERS. Section 2. Annual Meetings.

come before the meeting.  It shall be the responsibility of the Board of Directors to make adequate plans and preparations for the annual meeting.  Failure to hold the annual meeting at the designated time shall not work a forfeiture or dissolution of the association.  Each director will be elected only as a director, the directors will make necessary appointments at their first board meeting after the elections. 

Elections of directors will be held every other year.  The term of office will be two years with the majority of directors elected in the first year of change and then the minority number of directors elected in the second year of elections. 

Due to the restructuring the bylaws in 2019 the newly elected board of Directors shall select two seats to run for a one-year term due at the elections of 2020.  The remaining Directors will hold a two-year term until they are elected in 2022.  Elections will then continue every two years in an even year or proportional thereof.

Section 3. Notice of Meeting.  All meetings of the association will be made available by a posting on the official website.

Section 4.  Posting of Minutes to the website.  Within seven (7) days of the membership meeting the draft minutes will posted followed by the approval of said minutes reposted as final minutes of the association.

Section 5.  Quorum.  A majority of the board members plus 10% of the regular membership present in person shall constitute a quorum. 

Section 6.  Nominations.  It shall be the duty of the Board of Directors to call, not less than sixty (60) days or more than ninety (90) days before the date of a meeting of the members at which directors are to be elected. The procedures to be followed in such meeting in the process of nominating shall be set forth from time to time by the Board of Directors in compliance with the democratic principles of the association.  Any incumbent board member who has been nominated will appear in the first position on the ballot. 

 No nominations from the floor shall be permitted at the Annual Meeting.

Section 7.  Candidate Eligibility.  A slate of candidates, all of whom are members in good standing with the association, shall be by application.  No write-in candidates shall be accepted.  No member nominated at the annual meeting shall be considered.

Section 8.  Who May Vote.  Only members in good standing will be eligible to vote.  To be a member in good standing means that a member’s annual dues are paid in full as of the beginning of the annual meeting. 

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CONTINUED – ARTICLE VI. MEETING OF MEMBERS.

Section 9.  Ballots for Voting.  Subsequent to verification of eligibility to vote, members will be given one (1) ballot.  Members shall proceed to vote, and deposit said ballot in the ballot box.

  1. Place an “X” in the box beside the name of each candidate you wish to vote for.
  2. Voting for more candidates than seats available will invalidate the ballot.

Section 10.  Voting and Eligibility.  Each member in good standing, or joint members together, shall be entitled to one and only one vote upon each matter submitted to a vote at a meeting of the members.  All questions shall be decided by a majority of the members voting thereon in person except as otherwise provided by law, the articles of incorporation or these bylaws.

  Each voting member will sign in at the entrance of the meeting area and be given a ballot with a radium corresponding number to that on the sign in sheet which is set in alphabetical format.  The member will vote and turn in the ballot to the person/s appointed by the board.

Section 11.  Ballot Counting.  After all the ballots have been cast, the Election Committee will open the ballot box and proceed to count and record the votes.  To verify proper performance in all aspects of the election, the election will be monitored by an appointed Election Director by the Board of Director.

Section 12.  Election Director.  The Election Director will select from the membership a tallying committee to consist of six (6) persons making up two (2) teams of three (3) persons each.

After the ballots are removed from the election box, they will be divided into two (2) stacks, one for each of the two (2) teams.  Each team will count the first stack they receive and record the results, then the stacks will be swapped to the other committee for a second and confirming accounting.

When the election Director combines the total ballot amounts and confirms the counting by the teams that person will announce the final election results to the membership.

Section13.  Proxies.  Voting by proxy shall not be permitted. 

ARTICLE VII.  BOARD OF DIRECTORS         

Section 1.  General Powers.  Shall exercise the powers of the association except such as are by law, the Articles of Incorporation, or these Bylaws conferred, upon or reserved, to the members. To advise, govern, oversee policy, direction, and assist with the leadership and general promotion of the association to support and govern the association’s purpose and needs.  The

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CONTINUED – ARTICLE VII.  BOARD OF DIRECTORS   Section 1. General Powers.

Board shall be elected by the membership of the association.  The resulting Board shall be up for re-election every other year thereafter at the annual meeting.  The major responsibilities of a Board member are: (1) Organizational leadership and advisement.  (2) Organization of the Board of Directors, and Committees.  (3) Formulation and oversight of policies and procedures.  (4) Financial management, including adoption and oversight of the annual budget.   (5) Oversight of programs, planning and evaluation.  (6) Personnel evaluation.   (7) Review of organizational and programmatic reports.  (8) Promotion of the association.  (9) Fundraising and outreach.

Section 2. Number, Tenure, Requirements, and Qualifications.  The Directors shall consist of no less than three (3) nor more than fifteen (15) including the following officers: The President, the Vice-President, the Secretary, and the Treasurer and Directors.  The number of Directors shall be fixed from time-to-time by the Directors but shall consist of no less than three (3) nor more than fifteen (15) including the following officers: No vote on new members of the Board of Directors, or Advisory Council, shall be held unless a quorum of the Board of Directors is present.

Section 3.  Members’ Expectations of Board Members.  Nonprofit board members have basic responsibilities—support and governance—each requiring different skills and expertise. The Board members shall be a “supporter” in raising money, bring contacts to the association, and

act as ambassadors to the community. Equally important is the “governance” role which involves

protection of the public interest, being a fiduciary, selecting the committee members, assessing their performance and the performance of other members of the Board, overseeing the association compliance with legal and tax requirements, and evaluating the corporation’s work. Board Member should also:  1) attend and participate in meetings on a regular basis and special meetings and events as able.   (2) participate on a standing committee of the board serving on ad-hoc committees as necessary.  (3) be alert to community concerns that can be addressed by the association purpose, objectives, and programs and help communicate and promote these purposes and programs to the community.  (4) become familiar with the associations finances,           

budget, and financial/resource needs.  (5) understand the policies and procedures of the association: (6) be a paid member in good standing of the association.

Section 4.  Special Meetings.  Special meetings of the Board of Directors may be called by or at the request of the President or any two members of the Board of Directors.  The person or persons authorized to call special meetings of the Board of Directors may fix any location, as the place for holding any special meeting of the Board called by them.

Section 5.  Notice.   Notice of any special meeting of the Board of Directors shall be given at least five (5) days in advance of the meeting by telephone, facsimile or electronic methods or by written notice.  Any Director may waive notice of any meeting.  The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the

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CONTINUED – ARTICLE VII.  BOARD OF DIRECTORS.  Section 5. Notice.

meeting is not lawfully called or convened.  Neither the business to be transacted at, nor the purpose of, any regular meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these by-laws.

Section 6.  Quorum. The presence, in person of a majority of current members of the Board of Directors shall be necessary at any meeting to constitute a quorum to transact business, but a

lesser number shall have power to adjourn to a specified later date without notice.  The act of a majority of the members of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these by-laws.

Section 7. Forfeiture.  Any member of the Board of Directors who fails to fulfill any of his or her requirements as set forth in Section 2 of this Article by September 1st shall automatically forfeit his or her seat on the Board.  The Secretary shall notify the Director in writing that his or

her seat has been declared vacant, and the Board of Directors may forthwith immediately

proceed to fill the vacancy.  Members of the Board of Directors who are removed for failure to meet any or all the requirements of Section 2 of this Article are not entitled to vote at the annual meeting and are not entitled to the procedure outlined in Section 14 of this Article in these by-laws.  The member has 45 days to appeal the decision.  Removal made final by a majority vote of the membership.

Section 8. Vacancies.  Whenever any vacancy occurs in the Board of Directors it shall be filled

without undue delay by a majority vote of the remaining members of the Board of Directors at a regular meeting.  Vacancies may be created and filled according to specific methods approved by the Board of Directors.                                                                                                                                                    

Section 9.  Close Relative.  The term “close relative” means an individual who: (1) through blood, law or marriage is a spouse, child, stepchild, father, stepfather, mother, stepmother, brother, stepbrother, half-brother, sister, stepsister, half-sister, grandparent, grandchild, father-in-

law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law; or (2) resides in the same residence.   

 Section 10.  Compensation.    Members of the Board of Directors shall not receive any compensation for their services as Directors.

Section 11. Personal Liability of Directors.  A director of the association shall not be personally liable for monetary damages as such for any action taken, or any failure to take any action unless: (1) the director has breached or failed to perform the duties of his/her of office.    2)   the breach or failure to perform constitutes self-dealing, willful misconduct or recklessness. 

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CONTINUED – ARTICLE VII.  BOARD OF DIRECTORS.  Section 11. Personal Liability of Directors.

This section shall not apply to (1) the responsibility or liability of a director pursuant to any criminal statute or (2) the liability of a director for payment of taxes pursuant to local, State or Federal law. 

Section 12.  Removal of Directors by Directors.  The Board of Directors may remove a Director from office by an affirmative vote by a majority of Directors.  A Director may be removed by the Board of Directors for conduct which is fraudulent, illegal, or unethical and which is harmful to the Cooperative.  Additionally, a Director may be removed if the Board of Directors determines that the conduct of the Director being removed is such as would irreparably harm the reputation and integrity of the Board of Directors and/or the association.  No Director may be removed because of a disagreement between Board Members on legitimate issues to be determined by the Board of Directors, and no Director may be removed to gain a voting advantage on any issue or group of issues legitimately being considered by the Board.     

Section 13.  Director Resignation.  Any member of the Board of Directors who fails to fulfill any of his or her requirements as set forth in Section 2 of this Article by September 1st shall automatically forfeit his or her seat on the Board.  The Secretary shall notify the Director in writing that his or her seat has been declared vacant, and the Board of Directors may forthwith immediately proceed to fill the vacancy.  Members of the Board of Directors who are removed for failure to meet any or all the requirements of a member in good standing.

Section 14. Confidentiality.  Directors shall not discuss or disclose information about the association or its activities to any person or entity unless such information is already a matter of public knowledge, such person or entity has a need to know, or the disclosure of such

information is in furtherance of the association s’ purposes or can reasonably be expected to benefit the association.  Directors shall use discretion and good business judgment in discussing the affairs of the association with third parties.  Without limiting the foregoing, Directors may discuss upcoming fundraisers and the purposes and functions of the association.

Section 15. Advisory Council.  An Advisory Council may be created whose members shall be elected by the members of the Board of Directors annually but who shall have no duties, voting privileges, nor obligations for attendance at regular meetings of the Board.  Advisory Council members may attend said meetings at the invitation of a member of the Board of Directors.  Members of the Advisory Council shall possess the desire to serve the community and support the work of the association by providing expertise and professional knowledge.  Members of the Advisory Council shall comply with the confidentiality policy set forth herein and shall sign a confidentiality agreement consistent therewith upon being voted onto and accepting appointment to the Advisory Council.

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CONTINUED – ARTICLE VII.  BOARD OF DIRECTORS. 

Section 16. Parliamentary Procedures.   Any question concerning parliamentary procedure at meetings shall be determined by the President by reference to Robert’s Rules of Order “five-year current”.

ARTICLE VIII. OFFICERS.     

Section 1. The Chairperson.  The Chairperson shall preside at all meetings of the membership. The Chairperson shall have the following duties: a. He/She shall preside at all meetings of the Executive Committee. b. He/She shall have general and active management of the business of this Advisory Board. c. He/She shall see that all orders and resolutions of the Advisory Board are brought to the Advisory Board of Directors. d. He/She shall have general superintendence and direction of all other officers of this corporation and see that their duties are properly performed.

e. He/She shall submit a report of the operations of the program for the fiscal year to the Board of Directors and members at their annual meetings, and from time to time, shall report to the Board all matters that may affect this program. f. He/She shall be Ex-officio member of all standing committees and shall have the power and duties usually vested in the office of the President. 

Section 2. Vice-Chairperson.  The Vice-Chairperson shall be vested with all the powers and shall perform all the duties of the Chairperson during the absence of the latter. The Vice-Chairperson duties are: a. He/She shall have the duty of chairing their perspective committee and such other duties as may, from time to time, be determined by the Advisory Board.

Section 3. Secretary.  The Secretary shall have the authority to oversee and delegate the following responsibilities and actions:  a) keeping the minutes of the meetings of the members and of the board in books provided for that purpose; b) seeing that all notices are duly given in accordance with these bylaws or as required by law; c) the safekeeping of the association books and records and the seal of the association and affixing the seal of the organization to all certificates of membership prior to the issue thereof, and to all documents, the execution of which on behalf of the association under its seal is duly authorized in accordance with the provisions of these bylaws;  d) keeping a register of the names and post office addresses of all members;  e)  signing, with the Chairman of the Board, certificates of membership, the issue of which shall have been authorized by the board or the members;  f)  keeping on file at all times a complete copy of the articles of incorporation and bylaws of the association containing all amendments thereto (which copy shall always be open to the inspection of any member) and at the expense of the association, furnishing a copy of the bylaws and of all amendments thereto any member upon request; and  g) in general, performing all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the board.   h) Insuring the posting of the agendas and minutes on the official website.

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CONTINUED – ARTICLE VIII.  OFFICERS. 

Section 4. Treasurer.  The Treasurer shall have the authority to oversee and delegate the following responsibilities and actions:  a) custody of all funds and securities of the association;  b) the receipt of and the issuance of receipts for all monies due and payable to the association and for the deposit of all such monies in the name of the association in such bank or banks as shall be selected in accordance with the provisions of these bylaws; and c) the general performance of all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the board.

Section 5.  In the absence of the Secretary of the Board or in the event of the Secretary’s inability or refusal to act, the Vice Chairman shall serve as Secretary.

Section 6.  In the absence of the Treasurer of the Board or in the event of the Treasurer’s inability or refusal to act, the Vice Chairman shall serve as Treasurer.  

ARTICLES IX.  COMMITTEES  

Section 1. Committee Formation. The majority of the Board of Directors may create committees as needed, such as fundraising, housing, public relations, data collection, etc. The board chair appoints all committee chairs.

Section 2. Executive Committee.  The Executive Directors serve as the members of the Executive Committee. Except for the power to amend the Articles of Incorporation and Bylaws, the Executive Committee shall have all the powers and authority of the board of directors in the intervals between meetings of the board of directors and is subject to the direction and control of the full board. 

Section 3. Finance Committee.  The treasurer is the chair of the Finance Committee, which includes three other board members. The Finance Committee is responsible for developing and reviewing fiscal procedures, and the annual budget with staff and other board members. The board must approve the budget and all expenditures must be within budget. Any major change in the budget must be approved by the board or the Executive Committee. The fiscal year shall be the calendar year. Annual reports are required to be submitted to the board showing income, expenditures, and pending income. The financial records of the association are public information and shall be made available to the membership, board members, and the public.

Section 4. Expenses.  Expenses (including reasonable attorneys’ fees) incurred in defending a civil or criminal action, suit, or proceeding may be paid by the association in advance of the final disposition of such action, suit, or proceeding, if authorized by the Board of Directors, upon receipt of an undertaking by or on behalf of the indemnitee to repay such amount if it shall ultimately be determined that such indemnitee is not entitled to be indemnified hereunder.  Cost not to exceed $1,000.00 except after approval of the Board of Directors.

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ARTICLE X.  IDEMNIFICATION

Section 1.  General.  To the full extent authorized under the laws of the State of Nevada, the association shall indemnify any director, officer, employee, or agent, or former member, director, officer, employee, or agent of the association, or any person who may have served at the association’s request as a director or officer of another corporation (each of the foregoing members, directors, officers, employees, agents, and persons is referred to in this Article individually as an “indemnitee”), against expenses actually and necessarily incurred by such indemnitee in connection with the defense of any action, suit, or proceeding in which that indemnitee is made a party by reason of being or having been such member, director, officer, employee, or agent, except in relation to matters as to which that indemnitee shall have been adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of a duty. The foregoing indemnification shall not be deemed exclusive of any other rights to which an indemnitee may be entitled under any bylaw, agreement, resolution of the Board of Directors, or otherwise.

Section 2. Insurance.   The association may purchase and maintain insurance on behalf of any person who is or was a member, director, officer, employee, or agent against any liability asserted against such person and incurred by such person in any such capacity or arising out of such person’s status as such, whether or not the association would have the power or obligation to indemnify such person against such liability under this Article.

ARTICLE XI.  SEAL                                                                                                                                                                                                                                                                                                                                                                                                                                                               

Section 1.  Seal.  The seal of the association shall have inscribed thereon the name of the association.

ARTICLE XII.  FINANCIAL TRANSACTIONS                                                                                                                                                                            

Section 1.  Contracts.  Except as otherwise provided in these bylaws, the Board of Directors may authorize any officer or officers, agent or agents to enter into any contract or execute and deliver any instrument in the name and on behalf of theassociation, and such authority may be general or confined to specific instances.   

Section 2.  Checks, Drafts, etc.  All checks, drafts or other orders for the payment of money, and all notes, bonds or other evidences of indebtedness issued in the name of the association shall require two (2) signatures and/or countersigned by such officer or officers, agent or agents, employee or employees of the association and in such manner as shall from time to time be determined by resolution of the board of directors. 

Section 3.  Deposits.  All funds except petty cash of the association shall be deposited from time to time to the credit of the association in such bank or banks as the board may select.

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CONTINUED – ARTICLE XII.  FINANCIAL TRANSACTIONS.                                                                                                                                                                         

Section 4.  Fiscal Year.  The fiscal year of the association shall begin on the first day of January of the year and shall end on the thirty-first day of December of the same year.  

ARTICLE XIII.   MISCELLANEOUS                                                                                                                                                                                                                         

Section 1.  Notice of Waiver.  Any member or board member may waive in writing any notice of a meeting required to be given by these bylaws.  The attendance of a member or board member at any meeting shall constitute a waiver of notice of such meeting by such member or board member, except in case a member or board member shall attend a meeting for the express purpose of objecting to the transaction of any business, on the ground, that the meeting has not been lawfully called or convened.  

Section 2.  Policies, Rules and Regulations.  The board shall have power to make and adopt such policies, rules and regulations, not inconsistent with the law, the articles of incorporation or these bylaws, as it may deem advisable for the management of the business and affairs of the association. 

Section 3.  Accounting System and Reports.  The board shall cause to be established and maintained a complete accounting system which, among other things, and subject to applicable laws and rules and regulations. The board shall also after the close of each fiscal year cause to be made a full and complete audit of the accounts, books and financial condition of the association as of the end of such fiscal year.  A report of such audit shall be submitted to the members at the next following annual meeting.

ARTICLE XIV.  DISSOLUTION    

Section 1. Distribution of Association Assets Upon Dissolution.  Upon the association dissolution: (1) the association shall pay, satisfy or discharge all association debts, Obligations and liabilities; (2) the association shall retire and pay all capital credits allocated to patrons and former patrons; and (3) after paying, satisfying or discharging all association debts, obligations and liabilities, and after retiring and paying all capital credits and to the extent practical the association shall then pay or distribute any remaining association assets, and any amounts received from selling any remaining association assets, to current Members pro rate based on current Members’ aggregate capital credits at the time of dissolution.  Any debts or obligations of the Members to the association shall reduce the distribution of the distribution received by the Members having debts or obligations to the association by the amount of the debt or obligation existing at the time of the distribution of the remaining property and assets of the association.       

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ARTICLE XV.   MISSION STATEMENT                                                                                                                                                                             

Section 1.  Mission Statement.  A mission statement must be written to include the educational needs for the membership to understand the full mission of the association and must be written to include the aspiration of not only a “Rural Life Style” and that of sustainable use.

ARTICLE XV1.  AMENDMENTS         

Section 1.   Amendments of Incorporation.  The Articles may be amended in any manner at any regular or special meeting of the Board of Directors, provided that specific written notice of the proposed amendment of the Articles setting forth the proposed amendment or a summary of the changes to be affected thereby shall be given to each director at least five (5) days in advance of such a meeting if delivered personally, by facsimile, or by e-mail or at least five days if delivered by mail. As required by the Articles, any amendment to Article III or Article VI of the Articles shall require the affirmative vote of all directors then in office. All other amendments of the Articles shall require the affirmative vote of an absolute majority of directors then in office.

Section 2. Amendments to the Bylaws.  The Board of Directors may amend these Bylaws by majority of members vote at any regular or special meeting. Written notice setting forth the proposed amendment or summary of the changes to be affected thereby shall be given to each member within the time and the manner provided for the giving of notice of meetings of directors.

13

ADOPTION OF BYLAWS

We, the undersigned, are all members of the current directors or incorporators of thisassociation, and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of the 11 preceding pages, as the Bylaws of this corporation.

Print Name of the Chairman                                    Signature of the Chairman

_______________________________________ _____________________________________

Print Name of the Vice-Chairman                           Signature of the Vice-Chairman

_______________________________________ _____________________________________

Print Name of Treasurer                                            Signature of Treasurer

_______________________________________ _____________________________________

Print Name of Secretary                                             Signature of Secretary

_______________________________________ _____________________________________

Print Name of Director                                                Signature of Director

_______________________________________ _____________________________________

State of Nevada, County of Nye; this document was acknowledged before me by the person(s) listed above on the ____ day of the month of _________________ in the year _________.

_______________________________ Notary Seal:

Signature of Notary

_______________________________

Print Name of Notary

14

CALL TO ACTION! STOP AB 95 NOW!

NOTICE–

Assembly Bill 95, an act if passed that ‘could’ curtail by water by 75% fir domestic wells, will be taken up by the senate tomorrow, May 15th. It already passed out of the assembly. An e-mail has been sent to cooperative members intended as a call to action. Please contact the senate members and ask them to vote against this bill.

How To Be an Effective Citizen Lobbyist — Workshop

How to Be an Effective Citizen Lobbyist

The Nevada Legislature starts on Monday, February 4, 2019.
Learn how to effectively lobby the Legislature from your own home.
Your pocketbook and liberties are at stake. You can make a difference through your participation!
We make it simple!

Citizen Lobbyist Workshops
Presented by: Janine Hansen
State President, Nevada Families for Freedom
Janine Hansen: director@nevadafamilies.org

Pahrump:
January 26, Saturday, 2pm
Pahrump Museum, 401 E. Basin Ave.

Education opportunity for domestic well owners

Nov. 14, 2018
 
Education opportunity for domestic well owners….
 
The cooperative is developing a twelve month program aimed at educating those who want to protect their right to 2 AC feet of water and maintain their rural lifestyle.
 
It’s not a secret that the emphasis of government and developers to build out Pahrump on the back’s of our legal domestic water right to use up to 2 acre feet of water for our livestock, landscaping, gardens and etc.
 
We will be dedicating time during each monthly meeting to educate those in attendance to the point that they can discuss and credibly lobby against any attacks on their rights.
 
Water is a precious commodity in the world and due to mis-management of this resource by Nye county officials and the state engineer’s office, Pahrump was over allocated by tens of thousands of water rights. The former farmers were allowed to convert agriculture water rights for domestic use. This abomination has severely threatened the rural lifestyle and character of Pahrump. The assault has continued due to apathy of the residents and mis-information campaigns.
 
Domestic well owners are not the problem in Nevada, their rights equal about 40,000 acre feet of water in total at present. This is a drop in the bucket when considering the entire inventory of ground water in Nevada. With over 11,000 domestic wells in Pahrump the township has over 50% of all state domestic wells. With limited yearly recharge of the aquifer, a stress has been put on domestic wells.
 
Armed with the proper knowledge and resource our members going forward will be the driving force for a solution in the future, no longer will we be the victims when water plans are considered by government.

Nevada State Engineer amended order 1293A

Announcement from the Office of the Nevada State Engineer regarding Amended Order 1293A

The State Engineer has amended Order #1293, which prohibits the drilling of new domestic wells in Pahrump, Nevada, without the acquisition and relinquishment of 2.0 acre-feet of water rights. Amended Order #1293A, provides two exemptions to Order #1293:  There were 21 notices of intent to drill cards filed in the three day period leading up to the issuance of Order #1293 that were denied. The amended order allows those 21 to drill domestic wells without relinquishing 2.0 acre-feet. Additionally, anyone who filed for a building permit on a parcel that is zoned for a domestic well before the issuance of Order #1293 would also be able to drill a domestic well, with access to 2.0 acre-feet. More info at http://water.nv.gov.

Southwest States Release Colorado River Drought Plan

https://thenevadaindependent.com/article/southwest-states-release-colorado-river-drought-plan-snwa-board-to-vote-in-november

After more than three years of negotiations, Southwest water managers this week released the first public draft of their short-term plan to manage the Colorado River as overuse and drought continue to strain a water supply that supports 40 million people from Wyoming to Nevada.

The complex plan is meant to defer more severe shortage conditions on the river as negotiators in the seven-state Colorado River Basin work out an even more complex long-term framework for a century-old system challenged by higher temperatures and changes in precipitation.

Infighting and a wet start to 2017 had put the plans on hold, but discussions resumed again this year with abysmal snowpack across the basin and forecasts of a shortage as early as 2020 led federal water managers at the Bureau of Reclamation to call for a plan by the end of the year.

Water managers said releasing the draft “Drought Contingency Plan” on Wednesday was a milestone, particularly after a spring of public sparringbetween different factions on the river.

The Southern Nevada Water Authority’s board will consider the plan and vote on it next month.

The plan asks Colorado River water users to make cuts to their supply in an effort to store more water in reservoirs like Lake Mead, the country’s largest storage pool and a symbol of drought across the West. The reservoir, impounded behind the Hoover Dam outside of Las Vegas, is lined by an eerie bathtub ring that shows where the water line used to be, about 140 feet higher.

“I think it shows that we are on track to try to get [a drought plan] done by the end of the year,” said John Entsminger, the general manager of the Southern Nevada Water Authority. “The [drought plan] is an incredibly important set of documents. It demonstrates that the seven states are still capable of coming together and managing this river in the case of changing conditions.”

No easy way to conserve

During a prolonged drought, the plan requires water users to double down on voluntary cuts as a way to keep more water in Lake Mead and Lake Powell, the system’s second-largest reservoir upstream of Lake Mead. If the reservoirs dry up, the seven states risk running afoul of multiple laws that govern the river — the incentive driving everyone to come up with a proactive plan.

If Lake Mead drops another 55 feet, the federal government could throw out the playbook and force even deeper cuts. Most water users want to avoid the uncertainty that comes with that.

“We need to be proactive,” said Jeffrey Kightlinger, the general manager of the Metropolitan, a wholesale water seller for Southern California cities. “We feel it is better to control our own fate.”

If Lake Powell drops even lower, Glen Canyon Dam will produce less hydropower, the revenue of which supports operations and endangered species compliance. More importantly, low levels at Lake Powell put the Upper Basin (Colorado, New Mexico, Utah and Wyoming) in a precarious long-term position. The river’s upper division is required to send a certain amount of water from Powell to Lake Mead every year to fulfill their obligations under the 1922 Colorado River Compact. If they don’t, downstream users in the Lower Basin (Arizona, California, Nevada) can force the Upper Basin to curtail water use. This tool is referred to as a “Compact Call.”

Without steps like the drought plan, “the system is going to crash,” said Andy Mueller, who runs the Colorado River District, which focuses on protecting river water in Western Colorado.

“What that means up here is we think it’s possible we will get a call,” he said.

But as Mueller also concedes, the devil is in the details. Asking users to conserve more water — and in turn, use less — is a challenging, expensive, and often unpopular proposition. Now that a public draft of the plan is out in public, water districts across the basin must review the plans and sign off on them. Even though Nevada is ready to sign off on the plan and has been ready for more than a year, other water users still have concerns about the conservation measures.

In Arizona, where the cuts would be steepest, state officials are still working on an intra-state agreement that would be palatable for its state legislature, which must approve the plan. To get there, Arizona officials are looking to find ways to mitigate cuts that would disproportionately fall on low-priority agricultural users in Pinal County outside of Phoenix. Paul Orme, a lawyer for the farming community, said that Arizona officials presented a mitigation plan on Wednesday, but it faded corners from other water users — cities and tribes — that would have to sacrifice their water.

“I can’t really answer your question: Where do we go from there?” said Orme.

But he added that Pinal County farmers have significant leverage in the state’s legislature.

“There are folks in the Arizona legislature who are very much interested in seeing Pinal County agriculture survive,” Orme said.

California is also working toward an intra-state agreement between the Metropolitan Water District  and agricultural users over how the cuts would work. Kightlinger said there had been some back-and-forth over what percentage Metropolitan and each agricultural district would conserve to boost Lake Mead’s elevation, but the parties are close to a tentative agreement.

“There’s a high likelihood we are going to complete this,” he said.

There are still key details to work out in Colorado too. Although Mueller agrees with the concept of sending more water to Lake Powell, he said conservation should not fall disproportionately on the backs of farms, ranches and orchards in Western Colorado. Mueller said he wants to see a commitment from cities that they contribute an equal amount to boost reservoir levels at Powell.

“[Conservation] water should come equally from both,” he said.

The arid state’s counterintuitive role

Although Las Vegas gets 90 percent of its water supply from the Colorado River, Entsminger said the utility will be able to easily absorb the cuts, which kick in once the lake dips below a certain elevation. The region, Entsminger argues, has a more secure supply than other water users because it can access water through a pumping system, even if the lake falls so low that no water can be delivered out of the Hoover Dam to Arizona or California.

In drought negotiations, that puts Nevada in a unique situation. Even though it is the most arid state in the country’s most arid region, it has less to lose than others. In a recent podcast with The Nevada Independent,Entsminger likened the state’s position to that of Switzerland.

In these negotiations, Entsminger said Nevada helped bridge a divide between the Upper Basin and the Lower Basin. The agreement Nevada helped hammer out is a key part of the drought plan. It allows states like Colorado to “bank” conserved water in Lake Powell without sending it to Lake Mead under the reservoir’s current operating rules; it avoids the weird situation in which the benefit of the Upper Basin’s conserved water is enjoyed by the Lower Basin.

That was at the crux of a disagreement earlier this year, when the Upper Basin states released a letter to the Central Arizona Project, which controls Arizona’s Colorado River canal, of placing water orders to manipulate in such a way that they could take more water from Lake Powell.

“We saw that the water that was being saved was pulled down the river by convenient timing of orders from the Central Arizona Project,” Mueller said. “We weren’t very happy with that.”

The recent deal, Entsminger said, could go a long way in improving the historically tense relationship between an Upper Basin that has the right to use more water than it does and a Lower Basin that operates with a “structural deficit,” using more water than it takes each year.

“It’s very big from an Upper Basin, Lower Basin relationship perspective that we are going to set aside some of the dogma of the river,” Entsminger said during an interview this week.

James Eklund, Colorado’s chief negotiator in the drought talks, said Entsminger played a helpful role in bringing all of the various interests together to hammer out a deal.

“He’s been a calm voice in the discussions,” he said.

But creating a “bank” in the Upper Basin comes with its own legal and funding challenges. Who pays to incentivize conservation? Who gets title to the conserved water? How do you account for it? And how do you shepherd it to Lake Powell without other users diverting it along the way?

“Our position has been cautious optimism,” said Kightlinger, who represents Southern California users. “We’ve given them [a go-ahead] on the construct but we really want to see the details.”

On second thought, it’s not “drought plan”

How complicated is all of this?

The drought plan is so complex and involves so many side agreements that it has come to mean something different to different groups. Almost everyone agrees that it is a short-term fix to a long-term problem — climate change and overuse mean there is less water to go around.

Water managers are not even sure what to call it.

It’s about drought, yes. But some take issue with that word because it suggests that the system will recover from the conditions that have drawn down Lake Mead to its lowest elevation since it was fully filled. Eklund said that a more suitable name could be the “Climate Contingency Plan.”

“It gets away from the notion that we are going to get bailed out by the weather,” he said.

Eric Kuhn, a former general manager of the Colorado River District who is working on a book about the history of Colorado River hydrology, agreed that using the term “drought” is flawed.

He asked: “Is this a Drought Contingency Plan or is this thing what we need to do for the rest of our lives? I personally think it’s kind of a joke to call it a Drought Contingency Plan.”

In many ways, the drought plan is a first step. For conservation groups, it is a way to create the reliability needed to tackle other important issues, like habitat and the general health of the river.

“Reliability of the Colorado River water supply is important both to people and to nature,” said Jennifer Pitt, who works on river issues for the Audubon Society. “We are very encouraged to see the progress that is being made toward adopting this [plan] and we know that is not the end of the story. That’s the beginning of the story. There’s more work to do.”

For others, it’s a prelude to future negotiations. Once the conservation plan is finalized, the conversation will shift to long-term planning. Right now, water managers are operating under a set of guidelines completed in 2007. Those expire in 2026 but negotiations for new guidelines begin in 2020. The plans will likely go through an extensive environmental review. The purpose of the drought plan, Entsminger and others said, is to ensure water users can get to 2026 without severe shortages.

“The question is what if this drought continues,” Entsminger said. “What if climate change makes the hydrology worse than anything we’ve seen or modeled? Then what does the next iteration of Colorado River management look like?”