• The history and development of ditch company by-laws
• The legal and practical distinctions among a company’s governing documents, including articles of incorporation, bylaws and ditch company rules
• Sample bylaws and alternative bylaw provisions
• Allowable restrictions on shareholders’ right to transfer shares and to lease rights to water, including discussion of “Caitlin” bylaw provisions, rights of first refusal and other restrictive measures
• Use of rules and bylaws to establish maintenance and repair procedures and limitations on changes to the ditch and the maintenance easement area
• Penalties and other means for enforcement of rules and bylaws
• Addressing issues related to maintenance of laterals in rules and bylaws
• Shareholder communications and communications with other affected land owners regarding ditch operations and maintenance
• Use of bylaws to address the increasingly complex issues related to well augmentation, recharge facilities, leasing of water, and leasing or selling storage for water
• The role of bylaws in addressing issues such as “ag to urban” transfers including allocation of legal and other expenses of ditch company and non-transferring shareholders arising out of proposed transactions
• Whether a ditch company’s governing documents can be structured to reduce the risk of eminent domain takings during drought years