Big Wood Canal Company and American Falls Reservoir District #2

409 North Apple St.

Shoshone, Id. 83352

208-886-2331

Fax 208-886-2010

7:30 to 4:30

Monday-Friday

Closed for Lunch 12:00-1:00

 

Big Wood Canal Company has shut the water off to Black Canyon. Hikers be aware you travel at your own risk.

 

Office

David Stephenson - Manager

Cell Phone 208-749-​7140


Jane Sabala - Office Manager

​Anne Lipe - Secretary

Jennifer Gough- Secretary


Brian Behunin - Maintenance Supervisor

Cell Phone 208-749-7167


Harvey Brauburger - Water Master

Cell Phone 208-749-7153

 

Snowpack Information

 

Water Information

Magic Reservoir Levels

12/5/2019
level- 117,103
inflow- 150.40
outflow- 8.5

Water Turn On

Delivery Dates

American Falls Water Delivery

Water will be released from Milner Dam April 15, 2019 for delivery April 19, 2019


Big Wood Water Delivery

Water Will Be released from Magic Dam April 29, 2019 for delivery May 1, 2019


Water Turn Off

2019 Turn Off Dates:


   Big Wood water delivery will shut off from Magic Reservoir September 27, 2019.


    American Falls Reservoir Dist. No. 2 water delivery will shut off from Milner Dam on Tuesday October 15, 2019.

This is your Service Description. Use this space to explain this service in more detail.

Water Leasing

WHEREAS, it has come to the attention of the Board of Directors of the Big Wood Canal Company (hereinafter BWCC) that there are, from time to time, persons not owning water who wish to lease water; and,


   WHEREAS, it is difficult, if not impossible, for the BWCC to lease water to persons not having water already appurtenant to their property and a proper delivery device; and,


   WHEREAS, it is the intent of the BWCC to set a policy regarding leasing water delivered by the BWCC.


   THEREFORE, AFTER DISCUSSION, THE FOLLOWING POLICY IS HEREBY ADOPTED BY BWCC.


1. In order for any person, firm, individual, corporation or other entity, who desires to lease water from a current stockholder in BWCC, the proposed Lessee must own at least one (1) full share of water. 


2. The Lessee shall also have an appropriate delivery device in place for measuring of any water leased.


3. If a stockholder is in arrears BWCC may lease water to other stockholders with the consent of the stockholder in arrears.


4. Any stockholder in a community ditch or lateral needs written permission from all other users in the community ditch or lateral prior to BWCC allowing the transfer or leasing of shares into, or out of, such community ditch or lateral. The members in the community ditch or lateral shall be responsible for monitoring delivery after BWCC delivers to the headgate of the community ditch or lateral.


ADOPTED THIS   4   day of September, 2007 by the Big Wood Board of Directors

2019

Leasing Water Guidelines

 To those Big Wood Canal Company and American Falls Reservoir District No. 2 participants in leasing BWCC or AFRD#2 water.


   1. BWCC/AFRD#2 has changed their water leasing policy for 2015 and forward. Beginning January 1st and ending January 31st, Stockholders can call the Office to request the number of shares they would like to lease.


   2. At the February Board Meeting all names will be drawn and put on a list in the order they are drawn. Beginning at the top of the list, Stockholders will receive water as water become available.


   3. BWCC/AFRD#2 will accept water to lease out from January 1st to May 15th of each year.


   4. Stockholders will have 10 days to make payment to the Office for leased water, after they have been notified.


   5. BWCC/AFRD#2 does not guarantee that we will be able to lease out all requested water. Stockholders are responsible for payment of their annual assessment.


  6. Any water leased after May 15th of any year will be on a private basis. Notification must be made to the Office prior to water delivery.


  7. All leases are subject to a $30.00 lease fee.

2019

Seasonal Transfer

Seasonal Water Transfers for both Big Wood Canal Company and American Falls Reservoir Dist. No. 2 are allowed. If a Stockholder is interested in doing a seasonal transfer, they need to contact the Office (886-2331). Seasonal transfers need to be done on a case by case basis.

2019

Permanent Transfer

 It shall be the policy of Big Wood Canal Company/American Falls Reservoir Dist. No. 2 (BWCC/AFRD#2) to require, at a minimum, the following procedures before permanent transfers are approved.

   The part from which the water is to be transferred (Transferor) shall provide a Lot Book Report from a Title Company doing business in the County from which the transfer is being made, showing clear title to the property in the name of Transferor, without any liens or encumbrances. If there are liens of any kind, the Transferor must have the lien holders approval, in writing. prior to the transfer being approved by BWCC/AFRD#2, for approval.

​   Provided, however, either Board may grant conditional approval pending legal counsel's review of the Lot Book Report, lien or encumbrance.

2019

Delivery Percentage

2019 Delivery Percentages


American Falls Reservoir Dist. No. 2 delivered at a full 100%.


Big Wood Canal Company delivered water at a full 100%.

2019

Ditch Loss

Joint Policy for both Big Wood Canal Company and American Falls Reservoir District No. 2. The Company policies for both companies is to allow 2 1/2% of the total inches due per 1/4 mile from the headgate to farm.
  Policy adopted May 2000.

2019

Ditch Riders

Below Magic

Gary McDonald 208-749-9799


North Shoshone

Dennis Race  208-749-9792

Dean Tschannen 208-749-9791

Gary Jerome 208-749-9790


Richfield

Steve Sheppeard  208-749-9797

Tyler Cenarrusa 208-749-9794

Clint Vaugh 208-749-9798


Dietrich

Harold Cook 208-749-9795


Hunt

Darrell Fitzpatrick  208-749-9787

Richard Bullers  208-749-9796


Gooding

Jimmy Lierman  208-749-9789

Ken Schmidt  208-749-9788

John Moody  208-749-7058

​Richard Geer  208-749-9786

2019

M&O Assessment

BIG WOOD CANAL COMPANY

AMERICAN FALLS RESERVOIR DIST. NO. 2

    YOU AND EACH OF YOU are hereby notified that at a regular meeting of the Board of Directors of the Big Wood Canal Company on the 1st day of November  2017, the charge for the maintenance and operation of the Big Wood Canal Company, a Corporation, for the year beginning April 1, 2018, was fixed at the sum of $24.75 per share with a special maintenance charge of $2.00 for a total of $26.75, in addition to the American Falls assessment of $7.75 for a total of $34.50. At a special meeting on December 15, 2017 the special maintenance charge was deleted and the Big Wood M & O was increased to $25.75 per share (provided how ever a minimum charge of $40.50 shall be assessed for amounts of one share and under) for each and every share owned in said corporation; and said assessment is due and payable at the office of the Company, 409 North Apple St., Shoshone, Idaho 83352 on or before the first day of April, 2018, whether such water is used or not. If the assessment remains unpaid after June 1, 2018, a penalty of one percent (1%) shall be added on the first day of each calendar month that such charge and penalties remain unpaid.  

2019

 

American Falls Directors

Ellis Gooch - President
Jim Richie - Vice President
Mark Sabala - Secretary/Treasurer
Gary Osborne
James Exon
William Palacio
Rod Hubsmith

 

Big Wood Directors

Carl Pendleton - President
Ryan Telford - 1st Vice President
Alton Huyser - 2nd Vice President
Robin Lezamiz - Secretary/Treasurer
Buck Hendren
Doug Kerner
Hubert Shaw
Jack Loper
Roddy Adams

 

Big Wood History

Big Wood Canal Company's Water
and
The Establishment of the Company

 Irrigation in Southern Idaho started in the Boise Valley. By 1863, lands immediately adjacent to the Boise River were being farmed. One year later, Idaho's first canal companies were being formed.

   Under the Desert Land Act of 1877, a settler could buy 640 acres of irrigatable arid land for $1.25 an acre - if he could irrigate his land within 3 years. This qualification often proved impossible to meet, since irrigation was costly and water often too far away. On April 1, 1877 water was first diverted from the Little Wood River where Gooding now stands.

   By 1890, when Idaho became a state, most of the lands adjacent to the Little Wood and Big Wood Rivers were taken up with irrigation found in many stages. You could find one-man digging his own ditch to irrigate land next to the river and several neighbors joined together to build community ditches, which they delivered water to their farms farther away from the river.

   In 1894, under provision of the Carey Act, arid states became entitled to select arid lands and to contract with companies or persons for the building of necessary reservoirs and water conduits for the irrigation of these lands.

   In 1899, a meeting of individual people concluded that the Big Wood Cottonwood Canal Company, Ltd. was to be formed. The main purpose of the corporation was to maintain a diversion located along the Big Wood River, to divert water to Marley and Northern Shoshone by use of the Cottonwood Slough. The diversion dam was known as the Cottonwood Canal Dam.

   In 1902 Congress passes the Reclamation Act, also known as the National Irrigation Law, where Congress decided to deposit monies received from the sale of public lands into a Reclamation Fund which would be used to build and maintain irrigation works.

   In 1903 the first land opening in Idaho was held in Shoshone. S.D. Boone, who spent a great deal of his time and money promoting Idaho, attended this opening. He had a habit of referring to irrigation water as "magic". He was elected Chairman of the Wood River Valley Irrigation Association. Lincoln county joined with Blaine county in talks about water rights and locations on where dams were to be built.

   On November 17, 1905 an announcement was made to build a reservoir on the Big Wood River. It would be opposite Tikura, a loading station on the Oregon Short Line Railroad. On November 25, 1905 Mr. F.P. King, Engineer, was completing his large survey map covering the land to be submerged by the backwaters of the dam. As requested earlier by Mr. Boone, he printed the name of the dam in large, black letters on the bottom of the map:  

By December 1906 work started on the main canal and the diversion dam located three miles below the proposed site of the Magic Dam. This canal would divert water to the Alberta Lands Tract and lead directly to the town of Alberta (Alberta's name was changed to Richfield in 1908).

   In 1907, the Idaho Irrigation Company Limited entered into contract with the State Land Board for opening 40,832 acres of Carey Act Lands for the Alberta Lands and 70,000 acres for the Gooding Lands. Idaho Irrigation Company also entered into contracts between the State of Idaho for the construction of an irrigation system. The contract provided to construct a dam and reservoir, along with an extensive system of main and lateral canals. These were to be known as the Big Wood River Project.

   In March 1908, work continued on the "big ditch" which was later to be known as the Richfield Canal. After it was finished, work would begin on the canal system for the South Gooding Lands.

   On September 1, 1908 construction of the reservoir and the dam across the Big Wood River was started.

   Originally the Dietrich Canal route was planned through the Cottonwood Slough. The plan was changed in the Spring of 1909 and the banks of the Richfield Canal were raised to carry the water for the Dietrich Lands and South Gooding Lands. In May 1909, construction work on the Dietrich Canal was started. In November 1909, water ran in the Dietrich Canal for the first time. The distance was 6 miles.

   In May 1910, the first delivery of water for the Dietrich Tract was announced. This delivery was for the Idaho Irrigation Company's demonstration farm where the methods would be explained for the benefit of farmers from the "eastern states".

   The Idaho Irrigation Company built Magic Reservoir to a capacity of 172,600 acre feet. It was completed in 1910. The first water delivery was made in October 1910.

   In January 1911, construction of Magic Dam was completed and storage of water began. It was built at a cost of approx. $3,000,000 with the canals and laterals costing $4,000,000. All material that went into the construction of Magic Dam was freighted from Richfield by horses and wagons. The operator of the dam and canals was the Big Wood Reservoir and Canal Company, a corporation owned by Idaho Irrigation Company. At the end of the 1911 irrigation season, remaining water in Magic Reservoir was drained for inspection of the dam. 

   In 1916, Magic Reservoir was raised five feet which increased storage. Magic Reservoir at 14,000 acres stores water for 89,000 acres of irrigated farms near Shoshone, Richfield, Dietrich and Gooding. The dam rises 129 feet high and is 700 feet wide. An adjacent 1600 foot embankment with concrete spillway helps retain more than 191,500 acre feet of floodwater for summer use downstream.

   In 1921, settlers took over the operation and maintenance of the then Idaho Irrigation Company and changed the name to the Big Wood Canal Company.

   In 1924, after numerous short water years, another diversion 8 miles below the reservoir was constructed to divert water to North Shoshone Lands and North Gooding Lands. A By Pass Canal, 10 miles long, was built to save water by taking the water out of the Big Wood River channel. In 1925, the By Pass was put into use. The By Pass Canal joins into another canal , later to be known as the North Shoshone Main.

   It became evident after several years of low precipitation that more water was needed. In 1927, a contract was entered into between the Government and American Falls Reservoir District No. 2 for the construction of the Milner-Gooding Canal and for 4/17 of the storage capacity of American Falls Reservoir. In 1928, construction began and June 1931 water flowed for the first time in the Milner-Gooding Canal.

   We operate with two Board of Directors. There are nine members on the Big Wood Canal Company board and seven members on the American Falls Reservoir District No. 2 board. The Big Wood Canal office was originaly located in Richfield, Idaho and was moved to Shoshone, Idaho in 1922. The American Falls District office was located in Gooding, Idaho. On August 8, 1972 the American Falls office moved in with the Big Wood office in Shoshone. On the Magic side, which include 36,000 acres, the water is allocated on an acre foot basis. Based on 5/8" delivery per share, the User can draw from 0 t 150% of their allotted water or may store their water.   

 

American Falls History

American Falls Reservoir Dist. No. 2's Water
and
The Establishment of the Company

 When the Big Wood Project was started in 1907, precipitation records for the river's drainage system were not very old and the worst droughts on record were yet to come. The original estimates of available water for the project proved too optimistic, the land and water rights were eventually oversold.

   By 1916 nearly 120,000 acres in the project had been patented to the state and some 89,000 acres had been taken as Carey Act claims. Water shortages occurred.

   In 1920, federal funds were provided for preliminary surveys for a dam at American Falls, Idaho. The original concept of the dam was attributed to the developer of the South Side Project at Twin Falls, Idaho. By 1924, plans for construction of American Falls Dam were underway.

   Due to the above mentioned water shortages occurring and the land and water rights being oversold, this created the need to obtain water from the American Falls Dam project. Thereby water users in Lincoln and nearby counties signed a petition to form the American Falls Reservoir District No. 2 and approved the organization of the district. In Lincoln County the commissioner approved the organization of American Falls Reservoir District No. 2 on July 20, 1925.

   On July 25, 1925 the construction of American Falls Dam was started. Before it could be built, the town of American Falls, on the Snake River had to be moved to higher ground. In addition, the waters of the reservoir eventually covered the original site of Fort Hall and Indian reservation land.

   In 1927, after several years of low precipitation it became evident that the Big Wood Canal Company needed more water. A contract was entered into between the Government and American Falls Reservoir District No. 2 for the construction of the Milner-Gooding Canal and for 4/17 of the storage capacity of American Falls Reservoir.

   Construction of the American Falls Dam was completed on April 27, 1927. American Falls Reservoir contains 1,700,000 acre-feet of water. It has a shore line of 125 mile, with an area of 65,000 acres of land.

   In 1928, construction began on the Milner-Gooding Canal on the Gooding Division of the Minidoka Project. The Bureau of Reclamation built the canal and laterals for the new lands. The canal starts just east of the Milner Dam located on the Snake River. This 76 mile canal extends to the North Gooding Main Canal northwest of Shoshone, Idaho.

   Milner Dam was authorized for construction as a privately capitalized venture under the 1894 Carey Act, a precursor to the 1902 Reclamation Act. Ira Burton Perrine, a local rancher, chose the site and recruited financial backers. The Buhl-Kimberly Corporation built the dam in 1903 - 1905. Milner Dam's primary purpose is irrigation but it also produces hydroelectricity. It is currently owned and operated by Milner Dam, Inc.

   Milner Dam is a rock fill dam near Hazelton, Idaho. It impounds the Snake River in a reservoir named Milner Lake. The storage capacity is 36,300 acre feet. The lake covers 4,000 acres. The dam spans the river across two islands, with three embankments. The dam is 73 feet high and 2,160 feet long.

   In 1931, the first part of the canal was completed and water flowed for the first time. It extended from Milner Dam to the Little Wood River near Shoshone, Idaho. At this point, part of the water enters the Little Wood River and proceeds to east of Gooding, Idaho where some water is diverted into the South Gooding Main Canal and some water continues to the Carpenter Canal west of Gooding. Back where the water enters the Little Wood River at Shoshone, part of it goes under the Little Wood and continues to the North Shoshone area and some water onto the North Gooding Main Canal, northeast of Gooding.

   The completion of the Milner-Gooding Canal meant changes in the original Big Wood River Project to the extent that about 36,000 acres above the new canal was to receive water from its original source, but the land below the canal was to be irrigated with Snake River water. This plan, which was carried out, reduced the land in the Big Wood River Project to about 1/3 its original size.

   In 1932, Title to the Milner-Gooding Canal and all appurtenant structures was transferred to the American Falls Reservoir District No. 2 which took over the operation of the canal and the water delivery.

   We operate with two Board of Directors. There are seven members on the American Falls Reservoir District Board and nine members on the Big Wood Canal Board. We had two offices. The American Falls District office was located in Gooding, Idaho and Big Wood Canal office was located in Shoshone, Idaho. On August 8, 1972 the American Falls office moved in with the Big Wood office in Shoshone. The Milner-Gooding Canal and it connection laterals furnish a full water supply for 20,000 acres and a supplemental supply for 78,667 acres. The initial capacity of the canal is 2,700 cubic feet per second. On the American Falls side, we run on a continuous basis of 5/8" per share but allow up to 115% delivery.     

 

Company Policies

 Big Wood Canal Company and American Falls Reservoir Dist. No. 2 provides this general information on policies for your convenience. Additional policy information can be obtained by contacting the Office, Manager, Maintenance Supervisor, Water Master or any of our Board Members. Copies of agreements must be obtained from the Office.

 

Headgate Installation

APPLICATION to BIG WOOD CANAL COMPANY

Or

AMERICAN FALLS RESERVOIR DISTRICT NO. 2

For

INSTALLATION of HEADGATE


   THE UNDERSIGNED Water User, request the installation of a ___ inch headgate in Lateral # ____________, located in the _________ Section ____, Township____, Range ____, East of the Boise Meridian, on the following terms and conditions:

   1.   Plans for the installation and construction shall be approved by the Manager, Maintenance Supervisor or Water Master of Big Wood Canal Company or American Falls Reservoir District No. 2 before construction begins.

   2.   The headgate and cost of installation shall be furnished by the undersigned. If the same is supplied by the Company or District, a $500 deposit shall be paid by the undersigned prior to commencement of the installation. The balance must be paid before water will be delivered.

   3.   Any headgate replaced or installed shall be on a conditional basis and if the installation, in any manner, shall result in delivery or control problems, the Company or District may require that the installation be removed at the expense of the undersigned, or alternatively, the Company or District may refuse to deliver water until a satisfactory installation has been accomplished and approved by the Manager, Maintenance Supervisor or Water Master.

   4.   Any headgate to be installed in a lateral for delivery of water to a pond or bubble screen, shall have a spillway, or other device, to accommodate the flow of water coming from the headgate. In no event shall water be returned to the lateral, through non-use of the pump or bubble screen, except by closing the headgate by the ditchrider.

   5.   The undersigned will not attach any device or make any modification to the installation which, in the judgment of the Company or District, will interfere with the flow or measurement of water.

   6.   In the event it becomes necessary for the Company or District to initiate legal proceedings for the enforcement of the terms and conditions hereof, the undersigned agrees to pay reasonable attorney fees and cost incurred by the Company or District.   

 

Right of Way

We are your local irrigation organization. We divert water from reservoirs, rivers or other sources and deliver water to our users through a distribution system of canals, laterals and irrigation works.

   Many miles of canals, laterals and irrigation works cross private lands or are bordered by residential and commercial developments. This can prove confusing for many landowners who are unsure what rights they and we have. So we have developed this information to help you understand our rights, responsibilities and policies regarding our canals and lateral ditches.

EASEMENTS

   We have the responsibility to operate and maintain water flows, ditch banks and irrigation structures to minimize the risk of ditch bank failure and blockage, which could result in damage to adjacent landowners.

   To do so efficiently, we need access to the property through the use of easements. Idaho law gives us the legal right to use these easements through either fee title ownership or by right-of-ways.

   Easements are strips of land along the banks of our canals and lateral ditches. Easements give us access so we can monitor and adjust water flows. We also need access so we can remove sediment and debris from the ditches; control weed growth by mowing, spraying or burning; pipe, line and refurbish ditches and to perform other maintenance activities.

   Generally, easement are an area on either or both sides of the canal, lateral or ditch. The easement also gives us the right to deposit material on the banks that has been removed during cleaning and maintenance. We also have the right to take out obstructions to the easement and to prohibit activities which unreasonably interfere with maintenance.

  If your land is crossed by a canal or lateral, you may use the easement area so long as it does not interfere with our access, operation, maintenance and repair activities.

   It is important to understand that easements areas are not public property. They are not open to public use. Under Idaho law, unauthorized third party use of these strips of land amount to trespassing. 

WORKING WITH YOUR IRRIGATION ENTITY

   Please contact us if you have questions about who owns a canal or lateral ditch that crosses your land. We would be happy to tell you whether it is part of our delivery system. We can also give you details about the access easement for the ditch, the things we do to access, operate, maintain and repair the ditch and our policies regarding encroachment and modification that might affect the ditch.

ENCROACHMENTS

   Encroachments are such things as buildings, parking areas, fences, landscaping and other structures or activities in our easement areas.

   We cannot allow construction or other activities in easement areas if they will interfere with our access, operation, maintenance and repair activities.

   You must first contact us if you plan any construction, landscaping or activity within or affecting any of the canals, laterals or easements.

   We will look at your project and determine if what you want to do will interfere with our access, operation, maintenance and repair activities.

   We may also be able to advise you how your proposed construction or activity can go forward without interfering with our activities.

RELOCATING AND/OR PIPING CANALS AND LATERALS

   Idaho law requires a landowner to obtain our written permission before relocating or piping one of our canals or lateral ditches.

   To get permission, first provide us with a copy of your plans for review. We then will advise you whether or not you can proceed as proposed or with modification to you plan.

   If we approve your plans, we also provide you written permission to proceed in the form of an agreement or other appropriate written authorization.

   Generally, canals and lateral ditches may only be relocated or piped during the non-irrigation season, after water is our of the delivery system.

   Above all, we appreciate your cooperation in working with us to protect our irrigation facilities.

Contact us if you have question or need more information (886-2331).

 

Pivot Lateral Crossings

LICENSE AGREEMENT

   THIS AGREEMENT made and entered into the ___ day of ________, 20__, by and between BIG WOOD CANAL COMPANY, an Idaho corporation , or AMERICAN FALLS RESERVOIR  DIST. NO. 2, (hereinafter Licensor), and 

______________________________________ (hereinafter Licensee), __________, Idaho.    In consideration of the mutual covenants and agreements herein contained, Licensor grants to Licensee a license to cross the Lateral # ______________ with a pivot sprinkler system, which said system is centered approximately in the ________________________________ Section ____, Township ____, Range ____, EBM, ______________ County, Idaho.

   As consideration of the grant of such license, Licensee covenants and agrees as follows:

   1.   To install, at Licensee own expense, in such a manner as not to interfere with the water flow, all crossings necessary for the installation of such pivot sprinkler system.

   2.   To stop sprinkler when not in use so it does not cross the lateral.

   3.   To pay to Licensor such sums of money as may be determined which result from any damage to the canal banks by virtue of the installation of such pivot sprinkler system.

   4.   To treat all noxious weeds in the currently accredited manner on both lateral banks that are covered by the said pivot sprinkler system.

   5.   Licensor requires Licensee to construct and maintain an all-weather access to the Canal Company installations on the above described lateral that are or that may be, sprinkled from said pivot sprinkler system. Licensee will have the option of constructing and maintaining an access road to the Company specifications or having Licensor construct and maintain access at the Licensee's expense. All cost are to be paid prior to delivery of irrigation water to the above described pivot sprinkler system and/or prior to allowing the pivot to either cross or sprinkle the Company's system; otherwise such crossing and/or sprinkling shall be considered a trespass.

   6.   Licensee agrees to allow no applications over canals or laterals with any chemical, fertilizer of other by-product or any foreign material which is not properly labeled for use over irrigation ditches or open water. In the event Licensee is found using such applications over the above described lateral, Licensee shall be liable for all damages and this license may be revoked by Licensor. Licensee shall not allow any fertilizer or other animal by-product or foreign material to be discharged into Licensor's lateral or irrigation system.

   7.   Licensee does hereby waive any claim for damages which might occur from any act of Licensor, including but not limited to, the destruction of any of said crossing by reason of fire, loss of crop due to water shut-off, or any other cause.

   8.   Licensee does hereby waive any claim for damages which may occur as a result of Licensor responding to and/or repairing any emergency situation which may arise as a result of the pivot sprinkler crossing the lateral.

   9.   Licensor shall not be liable for damages to property or injuries to persons arising from the construction, operation. maintenance, renewal, or removal of said installation by Licensee.

   10.  Licensor does hereby reserve the right to terminate this license and does hereby reserve the right to impose further limitations, conditions, and restrictions, that are determined to be in the best interest of Licensor to do so.

   11.  In the event of default or breach of this Agreement, Licensor may refuse to deliver water to Licensee until such time as the default or breach has been cured.

   12.  In the event Licensor has to repair, construct, or maintain the lateral, due to the operation of the pivot sprinkler system, such excess costs shall be chargeable to and payable by Licensee.

   13.  Unless, or until, this license shall be terminated, the terms and conditions hereof shall be determined to be covenants running with the land.

   MADE AND ENTERED INTO PURSUANT TO MOTION AND PASSAGE by the Board of Directors of the Licensor.

Big Wood Canal Company

American Falls Reservoir Dist. No. 2

 

By-Laws

BY-LAWS OF THE BIG WOOD CANAL COMPANY


ARTICLE I

OFFICERS


Section 1.  The officers of this corporation shall consist of a president, two Vice-Presidents, a Secretary and a Treasurer, who shall be elected by the Board of Directors, and shall hold their offices for one year from the date of their election, and until their successors are elected and qualified.  The offices of Secretary and Treasurer may be combined and held by the same person, at the direction of the Board of Directors.

    In addition, the Board of Directors may elect an Assistant Secretary or Secretaries and an Assistant Treasurer, if necessary for the transaction of the business of the corporation.


Section 2.  The President and Vice-Presidents shall be elected from among the Board of Directors.  The Secretary and Treasurer, as well as Assistant Secretary and Assistant Treasurer, need not be directors or stockholders.


ARTICLE II

OFFICERS, THEIR DUTIES AND COMPENSATION


PRESIDENT


Section 1.  It shall be the duty of the President to preside at all meetings of the stockholders and of the Board of Directors, to have general charge of the affairs of the corporation, to sign certificates of stock and all contracts, or other official documents or notices, when not otherwise provided by the Board of Directors; to employ, direct and discharge such employees as may be necessary in the conduct of the business of these by-laws; to call the directors together whenever he deems it necessary, and to perform such other duties as may be imposed upon him by the Board of Directors or by these by-laws.


VICE-PRESIDENT


Section 2.  There shall be a First Vice-President and a Second Vice-President.  The First Vice-President shall perform the duties of the President in his absence or in the case of his inability to act.  The Second Vice-president shall perform the duties of the president in the absence of the President and First Vice-President, or in case of the inability of either of them to act.  Where any documents are signed or official acts to be preformed by either of the Vice-Presidents it will be presumed that they have acted in accordance with these by-laws.


SECRETARY


Section 3.  It shall be the duty of the Secretary to keep a record of the proceedings of the meeting of the stockholders and of the Board of Directors; to countersign shares of stock; to keep in custody the seal of the corporation; to countersign or issue notices of meetings of the stockholders and directors as may be provided for elsewhere in these by-laws; to attest all contracts, documents and notices that may be executed on behalf of the corporation, to be custodian of all documents, contracts, records, books and papers of the corporation; and, in general to perform such other duties as are usual and incident to the office of  Secretary of corporations, all under the direction of the Board of Director and supervision of the President.  Furthermore, he/she shall do such portion of the duties of the Treasurer, as the Board of Directors may at any time designate.

    Any Assistant Secretary that may be appointed shall perform the duties of the Secretary upon request of the Secretary of the Board of Directors, or in case of the absence of the Secretary shall be presumed to be under authority of these by-laws.


TREASURER


Section 4.  It shall be the duty of the Treasurer to collect all assessments, tolls, rentals, etc., that are levied; to have custody of all the funds of the corporation, and to deposit the same in such banks as may be designated by the Board of Directors.  All disbursements shall be made by the Treasurer upon order by the President of the Board of Directors.  The Treasurer shall keep accurate and complete record of all receipts, expenditures and disbursements and shall perform such other duties as the Board of Directors may require.

    Any Assistant Treasurer appointed shall perform the duties of the Treasurer upon request of the Treasurer or the Board of Directors, or in case of the absence of the Treasurer or his or her inability to act.  Acts of the Treasurer shall be presumed to be under authority of these by-laws.

    At each annual meeting of the stockholders the Treasurer shall submit a complete statement of his or her accounts for the past year.  He or she shall make such other statements of the financial affairs of the corporation as the Board of Directors may require.


COMPENSATION


Section 5.  The officers and employees of the corporation shall receive such compensation as may be provided by the Board of Directors.


Section 6.  The officers and employees of the corporation shall furnish such bonds and in such amounts as the Board of Directors may require in an approved Surety Company, the premiums to be paid by the corporation.


ARTICLE III

DIRECTORS, THEIR DUTIES AND COMPENSATION


Section 1.  The corporate powers, business and property of this corporation shall be exercised and controlled by a board of nine (9) directors, to be elected from among the stockholders of the corporation, having at the time of their election stock on the books of the corporation.  One (1) of said directors shall be elected at large, and one (1) of said directors shall be elected from each of the following directors’ districts, which are hereby created to wit:

            District No. 1 - All that part of the project comprising what is commonly known as the Richfield Segregation, lying North of the section line dividing Sections 7 and 18, 8 and 17, 9 and 16, 10 and 15, 12 and 13 of Township 4 South, Range 19, E.B.M.

            District No. 2 - All that part of the project comprising what is commonly known as the Richfield Segregation lying to the South of the Section line aforesaid.

            District No. 3 - All that part of the project comprising what is commonly known as the Dietrich Segregation lying above the Milner-Gooding Canal.

            District No. 4 - All of that part of the project comprising what is commonly known as the Dietrich Segregation lying below the Milner-Gooding Canal.

            District No. 5 - All that part of the project commonly known as the North Shoshone Segregation in Lincoln County, Idaho, lying above the line of the Milner-Gooding Canal.

            District No. 6 - All that part of the project commonly known as the north Shoshone Segregation lying below the line of the Milner-Gooding Canal within Lincoln County.

            District No. 7 - All that part of the project lying within Gooding County, Idaho, known as the North Gooding Segregation.

            District No. 8 - All that part of the project lying within Gooding County, Idaho, known as the South Gooding Segregation.


Section 1A.  Except for the Director to be elected at large, each Director must be a qualified elector and both a resident and stockholder in the District which he represents.


Section 2.  The first regular annual meeting of the stockholders of this corporation was held on the second Tuesday of November, 1921, there were elected nine (9) directors for this corporation, three (3) of whom were elected for a term of one (1) year each, three (3) of whom were elected for a term of two (2) years each and three (3) of whom were elected for a term of three (3) years each.  And thereafter at each succeeding annual meeting of the stockholders, three (3) years each, or until their successors are elected and qualified.  And such Board of Directors shall within ten (10) days after each annual meeting, organize as a Board of Directors, by the election of such officers as are provided in these by-laws.  A vacancy shall be declared by the Board of Directors when any nominee has been elected but has failed to qualify for office or when any Trustee shall:

            (a)  Die;

            (b) Resign as Trustee or Director;

            (c) Remove himself from the District of his residence,

                  being the District from which he was elected.


Section 3.  The Board of Directors shall have power to appoint and remove at pleasure all employees and agents of the corporation, prescribe their duties, fix their compensation and require from them security for the faithful performance of the affairs of the corporation consistent with the laws of the State and these by-laws, to call meetings of the stockholders when they deem it necessary, giving not less than two weeks notice thereof, in manner hereinafter provided, and they shall call meetings of the stockholders at any time upon a written request for that purpose, of persons representing twenty-five thousand (25,000) shares of the capital stock outstanding.


Section 3A.  The Board of Directors shall have the power to do or perform, or cause to be done or performed, any act, or thing necessary or required to be carried out, initiated, and maintain, any power, project or authority granted to this corporation by the Articles of Incorporation thereof, except such acts and thing as by law or these by-laws are required to be submitted to the stockholders of this corporation for their action.


Section 4.  The Board of Directors shall have power to cause to be issued shares of the capital stock of the corporation to the stockholders, in proportion to their several interests, not to exceed in the aggregate the capital stock of the corporation.


Section 5.  It shall be the duty of the Board of Directors to present a full statement at the regular annual meeting of the stockholders showing in detail the assets and liabilities of the corporation, and the general condition of its affairs, and a similar statement shall be presented at any other meeting of the stockholders when theretofore requested by persons representing at least twenty-five thousand (25,000) shares of the capital stock of the corporation.


Section 6.  No contract by any officer of the corporation will be valid without the previous authorization of the Board of Directors, or subsequent approval of same.


Section 7.  The members of the Board of Directors when sitting as a board, or attending to the business of this corporation, shall receive a compensation of Ten Dollars ($10.00) per day, in addition to such reasonable sum for actual expenses as is incurred in Lincoln and Gooding Counties in attending to the business of the corporation, said accounts to be audited and allowed as in other cases of demand against the corporation.  The compensation herein referred to, may however, be changed by a unanimous vote of the Board of directors.


Section 8. The Board of Directors may appoint a watermaster, and such other employees as they may deem necessary, and they may at any time when in session, issue instructions and prescribe duties for said watermaster and employees in addition to those provided in these by-laws.


Section 9. The Board of Directors may adopt a system of rotation for the distribution of water to be applied at such times during the irrigating season as in their judgment is deemed most beneficial to all the users of water under the canal, and it shall be the duty of the Board to enforce strict compliance therewith.


Section 10.  It shall be the duty of the Board of Directors to divide the territory irrigated by the canal system owned and operated by this corporation, into districts for the purpose of properly managing and controlling the distribution of water, the number of districts to be left to the discretion of the Board, and subject to change at any regular meeting thereof or at any special meeting called for that purpose.

    Upon execution by the United States of America and American Falls Reservoir District No. 2 of the proposed contract for the furnishing of the supplemental water from American Falls Reservoir and the delivery of the water as provided therein, upon the ratification of said contract by the electors of said District, and the final judicial confirmation of said contract and upon the execution by said District and the Big Wood Canal Company  of the contract between them provided and called for by said contract between the United States and said District, the members of the Board of Directors elected from Director Districts 1, 2, 3 and 5 together with the Director elected at large shall constitute an executive committee of the Board of Directors with power to direct, regulate and administer the distribution to the land above the canal from Snake River of the irrigation water to which they are entitled and the members of the Board of Directors elected from Director Districts 4, 6, 7 and 8 together with the Director elected at large shall constitute an executive committee of the Board of Directors with power to direct, regulate and administer the distribution to the lands below said canal of the irrigation water to which they are entitled, subject, in case any controversy shall arise to the decision of the entire Board of Directors.


Section 11.  It shall be the duty of the Board of Directors at its regular meeting in November of each year to ascertain and determine the amount of money necessary for the transaction and conduct of the corporation business and the payment of its outstanding maturing obligations and for such other purposes as may have been specially authorized at any previous meeting of its stockholders, all as may be required for the twelve months period October 1 - September 30.

    The Board of Directors may include in the charges of maintenance and operation above specified any amount for sinking fund to cover future repairs and alterations of the canal system and to provide for the payment of its debts and obligations.

    The Board of Directors shall thereupon determine as nearly as may be, the number of shares liable to a maintenance charge for such period and shall apportion the total charge to such total number of shares and determine in cents per acre or per share, or by water used or any combination thereof  the maintenance charge for such period, and the same shall constitute the maintenance charge therefore.

    Thereupon the Board of Directors shall cause notice of such assessment to be published for two weeks in each weekly newspaper of general circulation on said Big Wood Canal Company project.

    The assessment so made shall be due and payable at the office of the Company in one (1) installment by the first day of April following.  All assessments not paid when due shall draw interest from the first day of June at the rate of one percent (1%) per month and payment thereof may be enforced as provided by the laws of the State of Idaho.  No water shall be delivered to any contract holder or stockholder until all current as well as past due assessments have been paid, provided however, that the Board of directors may waive the enforcement of the above provisions in any given year.  No stock shall be transferred on the books of the company until all past due and unpaid assessments on the same are paid.


Section 12.  The Big Wood Canal Company shall indemnify and hold harmless each person who shall serve at any time hereafter as a Director or Officer of the Corporation from and against any and all claims and liabilities to which such person shall become subject by reason of his or her having heretofore or hereafter been a Director or Officer of the Corporation, or by reason of any action alleged to have been heretofore or hereafter taken or omitted by him or her as such Director or Officer, and shall reimburse each such person for all legal and other expenses reasonably incurred by him or her in connection with any such claim or liability; provided, however, that no such person shall be indemnified against, or be reimbursed for, any expense incurred in connection with any claim of liability arising out of his or her own negligence or willful misconduct.


ARTICLE IV

MEETINGS OF DIRECTORS


Section 1.  There shall be held on the first day of every month or the first business day thereafter in case the first falls on a weekend or a legal holiday, a regular meeting of the Board of Directors for the transaction of any business that may come before it. The Board of Directors may on motion duly change that date of monthly meetings.


Section 2.  Special meetings of the Board of Directors may be called at any time by order of the President, or by a majority of the Board.  Upon receipt of the order for special meetings of the Board of Directors the Secretary shall immediately notify the Board of Directors of the time and place at which said special meeting is to be held pursuant to such order, said notice to be given at least two days prior to the time of said meeting, except where a special contingency exists, in which case no special notice need be given, but such special contingency shall be noted in the minutes of the special meeting.


Section 3.  All meetings, either regular or special, of the Board of Directors, shall be held at the office, or principal place of business of the corporation, or elsewhere on the project.


Section 4.  A majority of the Directors shall constitute a quorum at any regular or special meeting of the Board of Directors.


Section 5.  When all the Directors shall be present at any Directors meeting, however called or notified, and sign a written consent thereto upon the record of such meeting, the acts thereof shall be as valid as if a meeting legally called and for which notification shall have been duly made or if they thereafter all ratify said act or acts.


Section 6.  Any regular or special meeting of the Board of Directors may be adjourned from day to day, or from time to time for want of a quorum, and such adjournment and the reason thereof shall be recorded in the journal proceedings of such meeting, and no further notice of any such adjourned meeting shall be required.


ARTICLE V

VACANCIES ON BOARD OF DIRECTORS


Section 1.  Vacancies on the Board of Directors may be filled by the remaining members of the Board of Directors, and any Director elected to fill a vacancy shall be entitled to act until the next regular meeting of the stockholders of said corporation at which time a director shall be elected to fill out the unexpired term.


Section 2.  A vacancy shall be declared by the Board of Directors when any nominee has been elected and has failed to qualify for office or when any Trustee shall:

            (a)  Die;

            (b)  Resign as Trustee or Director:

            (c)  Remove himself from the District of his residence,

                  being the District from which he was elected.


ARTICLE VI

STOCKHOLDERS AND THEIR DUTIES


Section 1.  The regular annual meeting of the stockholders shall be held at ten o'clock in the forenoon of the second Tuesday of November, 1921 and thereafter shall be held at ten o'clock in the forenoon of the second Tuesday of January of each year, for the purpose of electing directors in accordance with the provisions of these by-laws, and for the transaction of such other business as may properly come before it.

    Notices of such annual meeting shall be published once a week for two weeks prior to such meeting in some newspaper of general circulation, published in the county where the principal place of business of the corporation is located.  The date of the last publication must be at least five days prior to the date of meeting.


Section 2.  Special meetings of the stockholders shall be called by the President, at any time, when instructed to do so by the Board of Directors or requested to do so in writing by stockholders holding twenty-five thousand (25,000) shares of the capital stock outstanding.  In case of the President failing to act when requested, the Secretary shall call such a special meeting.  Notice of such meeting, stating the purpose thereof, shall be published as provided by the preceding section for annual meetings.


Section 3.  All meetings of the stockholders, either regular or special, shall be held at the office of the corporation, or such other suitable place as may be designated by the officers of the corporation, said place to be clearly stated in the notice calling the meeting hereinbefore referred to, said place likewise to be in the town where the principal place of business is located.


Section 4.  At all regular, annual and special meetings of any adjourned meeting thereof the stockholders present in person or represented by proxy shall constitute a quorum for the transaction of business and shall have the power by a majority vote of the stock so represented to elect directors and transact any other business of the corporation proper to be done. 


Section 5.  Before any voting shall be held in stockholders' meetings, the Secretary shall prepare from the stock book of the corporation, a list of the names of the stockholders entitled to vote, as shown by such book, and all those having authority to vote the stock of others shall present the same to the Secretary, who shall thereupon place beside the names of those entitled to vote as shown by said list, figures representing the number of votes to which each shall be entitled.  This list shall be prepared in accordance with the provisions of the following section.


Section 6.  Every stockholder shall have the right to vote in person or by proxy for the number of shares of stock owned by him for as many persons as there are directors to be elected or to cumulate said shares and give one candidate as many votes as the number of directors multiplied by the number of shares of stock shall equal, or to distribute them on this principle among as many candidates as he or she shall think fit, and such directors shall not be elected in any other manner.

    No person not a bona-fide stockholder having stock in his own name on the stock books of the corporation at least ten days prior to the stockholders' meeting can vote at any such meeting.

    On and after the annual meeting of the stockholders for the year 1921, all proxies must be filed with the Secretary five (5) days prior to the holding of any stockholders' meeting.

    All proxies must be either written or printed and signed by the stockholder.

    Any stockholder may revoke a proxy given by him at any time prior to any voting at the meeting at which it is intended to be used, by filing written statement to that effect with the Secretary of the Corporation.


Section 7.  All stockholders shall use care and diligence in the handling of water and shall use proper care in the preparation and tilling of the soil.  It is the duty of the stockholders to comply with the rules and regulations of the corporation with regard to the handling and management of the water, and the rotation method of irrigation, when employed.

    Conversely, it shall be the duty of the corporation to use reasonable care in the handling and management of  its water supply, and to distribute the same without partiality.

Provided, that upon the execution by the United States of America and American Falls Reservoir District No. 2 of the proposed contract for the furnishing of supplemental water from American Falls Reservoir, and the delivery of the water as provided therein, upon the ratification of said contract by the electors of said District, and the final judicial confirmation of said contract and upon execution by said District and the Big Wood Canal Company of the contract between them provided and called for by said contract between the United States and said District and upon compliance with the terms of those contracts in regard to payments and other conditions therein set out, as a means of securing the benefit to be derived from such supplemental water so far as possible to the lands within said District and having shares of stock of the Big Wood Canal Company appurtenant thereto, which are located above the canal from Snake River through which said supplemental water is to be conveyed, there shall be delivered to all lands within said District and having Big Wood Canal Company stock appurtenant thereto, which are located below said canal, in lieu of water from Big or Little Wood River or Magic Reservoir to which said lower lands would otherwise be entitled, an equal amount of said water from American Falls Reservoir and the water from Big or Little Wood Rivers or Magic Reservoir to which said lower land would otherwise be entitled shall be used to supplement the water supply of the lands within said District and having Big Wood Canal Company stock appurtenant hereto, which are located above said canal from Snake River.  Said lands above said canal shall also have a first and prior right to the use of carried over stored water remaining in said Magic Reservoir from any preceding year or years, as well as to the water stored herein during any current year, to the extent necessary to furnish to said upper lands an amount of water sufficient to equal the amount of water delivered from American Falls Reservoir to said land below said canal.


ARTICLE VIII

MANAGER


Section 1.  The directors are authorized to employ a manager for the corporation and may fix his terms of employment and compensation.  Such manager shall perform such services as the directors may from time to time request and there may be delegated to said manage such powers and duties otherwise belonging to and required of the Board of Directors or President not inconsistent with the laws of the State of Idaho, as the said Board of Directors may from time to time determine.


ARTICLE VIII

WATERMASTER AND HIS DUTIES


Section 1.  It shall be the duty of the watermaster to supervise, with the help of assistant watermasters, the distribution of water to authorized users.  During the time which the water is distributed by rotation, it shall be his duty to arrange a schedule of turns and give each person notice indicating the time when water will be turned into his lateral, and the length of time to which he shall be entitled to it.  It shall be the duty of the watermaster to distribute water according to said schedule.  His duties shall be more particularly prescribed in such rules and regulations as the Board of Directors may adopt.


Section 2.  The Watermaster shall employ suitable persons to act as assistant watermaster, ditchriders and other assistants, as will best serve the needs of the corporation, under the directions of the Board of Directors. He shall make rules and regulations with regard to the method of handling the water and the delivery thereof, and, in making such rules and regulations, may provide standards and methods of use for the water supply, all under the directions of the Board of Directors.  No person, unless authorized by the watermaster or by the Board of Directors, shall have power or authority to open, handle, operate or adjust any of the gates or canal outlets or inlets of the irrigation system.


ARTICLE IX

GENERAL PROVISIONS


Section 1.  Any person aggrieved by any action of the watermaster, or his assistants, shall make complaint in writing to the Board of Directors within five days of the time of the commission of the alleged wrong and the complain must be filed with the secretary of the Board at the company office.  Whereupon, it shall be the duty of the secretary to notify the president and the Board of Directors, and the watermaster that such complaint has been filed, who shall take appropriate action thereon.


Section 2.  Any officer of the Board of Directors of this Corporation may be removed from office at any time by a majority vote of the Board of Directors at a meeting called for that purpose, of which meeting the officer in question shall have at least five days written notice.

    Any directors may be removed in the manner provided by the revised Codes (Compiled Statutes) of Idaho.


Section 2A.  Any Directors who shall be absent from three consecutive meetings of the Board of Directors shall be considered as neglecting his duties as such director, and such absences shall operate as a voluntary resignation by such absentee from said office as director; and thereupon it shall become the duty of the Board of Directors, at its next regular meeting to declare the office of such director vacant, and to proceed in the usual manner to fill such vacancy, unless said absences be excused by resolution of the Board of Directors.


Section 3.   The Directors shall have the power from time to time to borrow such money as may be necessary in the conduct of the business of the corporation, upon such terms and for such length of time as they may determine.

    For money borrowed, the Directors shall give promissory notes of the Corporation, signed in the name of the corporation by the President, attested by the Secretary.


Section 4.  Each stockholder is entitled to a perpetual right to use water from said irrigation system upon the land described in his stock certificate during the irrigation season of each year, in accordance with the provisions of his water contract.  The period of such season shall be fixed by the Board of Directors.  Water may be used for irrigating said land, and also for stock and domestic purposes.  The corporation reserves the right to make such rules and regulations covering the delivery of water as it may deem necessary.

    A seasonal or temporary transfer of the place of use of  water may not be made where such water will be used upon lands which have water appurtenant thereto and upon which there are unpaid maintenance and operation charges or assessments.


Section 5.  The Corporation shall not be liable for scarcity of water caused by unlawful diversion, forcible entry, unusually cold weather, drought or any accident in protecting its canal and irrigation system and keeping the same in proper operation and repair.  The Corporation shall not be liable for loss or damage caused by seepage or breakage resulting from cloud bursts, land slides, obstruction, accidents, or breaks in its canal system, which could not be prevented by the exercise of ordinary care and diligence.  The Corporation shall have the right at the close of the irrigation season or any other time when urgent necessity requires, to cut off or shut off the water at any point or points, but during the irrigations season shall restore the water in the canals and laterals as speedily as possible under the nature of the case.


Section 6.  The books and papers in the office of the Secretary and the Treasurer of the Corporation shall at all times during business hours be subject to the inspection of the Board of Directors and of any stockholder of the Corporation.


Section 7.  All water rights to be sold under the system of this corporation shall be sold by the Idaho Irrigation Company, Limited, its successors or assigns, and no water shall be ordered in by, and delivered to, any person who has not purchased a water right from said Idaho Irrigation Company, Limited, its successors or assigns, and received or contracted to receive, the shares of stock in this corporation represented hereby.

    This corporation is organized for the purpose of owning, holding, operating, conducting and maintaining the irrigation works constructed by the Idaho Irrigation Company, Limited, its successors or assigns, under the terms of its contract with the State of Idaho, and any amendments thereto.


ARTICLE X

STOCK CERTIFICATES


Section 1.  Certificates of stock shall be of such form and device as the Board of Directors may direct, and such certificates shall be signed by the President and Secretary, and express on their faces their number, date of issuance, number of shares for which, and the person to whom issued, and a description of the land to which the water right represented thereby is dedicated and belongs.


Section 2.  Several certificates may be issued to the same person or persons, provided that in the aggregate they do not exceed the number of shares belonging to such person or persons.  The certificate books shall contain a margin on which shall be entered the number, date, number of shares and the name or names of the person or persons expressed in the corresponding certificates.


Section 3.  Shares of the capital stock of the Corporation may be transferred at any time by the holders thereof, or by power of attorney, or by legal representation, and such transfer shall be made by endorsement on the certificate of stock by surrender of the same, provided, that such transfer shall not be valid except as between the parties thereof, until the same shall have been noted in proper form upon the stock ledger of the Corporation, and no transfer of stock shall be made upon the books of the Corporation, until all indebtedness to it or any other charges authorized by these by-laws, of the person in whose name the stock is registered, shall have been paid in full.

    The surrendered certificate shall be cancelled by the Secretary before a new one shall be issued in lieu thereof and the Secretary shall preserve the cancelled certificate as a voucher.

    The Board of Directors shall determine by resolution the fees charged for all such transfers.

    No transfer of any stock shall be made whereby the stock shall become appurtenant to any land outside of the project or to any land other than that described in the stock certificate, except by consent of the Big Wood Canal Company, its successors or assigns, and this corporation.


Section 4.  The water right represented by the stock being appurtenant to the land, all stock in the corporation shall pass by a conveyance of the land, and in case of the loss of the stock certificate a new certificate may be issued upon proof of ownership of the land.


Section 5.  All the stock of this Corporation shall be issued to and held by the Idaho Irrigation Company, Limited, its successors or assigns, in order to enable it to deliver shares of stock to purchasers of water rights, but said shares of stock shall have no voting power and shall not have force and effect and shall not be assessable for any purpose either for maintenance or otherwise, until they have been sold or contracted to be sold to entrymen or owners of land under the irrigation system, and all assessments, maintenance and other charges must be paid by the purchaser or owner of the stock and not by the Idaho Irrigation Company, Limited, its successors or assigns.


ARTICLE XI

SEAL


Section 1.  The Corporate Seal of this Corporation shall have engraved on it in the center the date of incorporation, and in a circle around the edge, the full name of the Corporation, and the name of the State.


Section 2.  The Corporation Seal of this Corporation shall always be and remain in the custody of the Secretary.


ARTICLE XII

ALTERATION OF BY-LAWS


Section 1.  These by-laws may be altered, amended or repealed at any annual meeting of the stockholders of the Corporation, or at any special meeting called for that purpose, by a vote of two-thirds of the subscribed stock present or represented and voting at any such meeting.


ARTICLE XIII

POSSESSION OF BY-LAWS


Section 1.  These by-laws shall always remain in the possession of the Secretary of the Corporation.


CERTIFICATE


The majority of the Directors of the Big Wood River Reservoir and Canal Company, Limited, hereby certify that the foregoing by-laws, consisting of Thirteen Articles, have been duly adopted as the by-laws of this corporation.

    Witness our hand and seals this 18th day of September, 1920.

Here at Big Wood Canal Company and American Falls Reservoir District #2, we are driven by a single goal; to do our part in making the world a better place for all. Our decision making process is informed by comprehensive empirical studies and high quality data evaluation. We strive to build productive relationships and make a positive impact with all of our pursuits.

 

Unauthorized Tampering

Unauthorized Tampering with Measuring Devices


   Section 18-4309 of the Idaho Code states every person who shall willfully waste water for irrigation, or who shall willfully open, close, change or disturb, or interfere with, any headgate, water box, valve or measuring or regulation device, without authority, shall be guilty of a misdemeanor.


Injury to Measuring Devices


   Section 18-4307 of the Idaho Code states that any person or persons who shall cut, break, injure, destroy, enlarge, change, or alter any headgate, sluiceway, weir, water box or other measuring device, of any irrigation district, corporation or association or persons, or in the possession of, or in the use of, said irrigation district, corporation, or association, or the property of another, shall be guilty of a misdemeanor. 


   If you are in need of any change in water flow from a measuring device, please contact your Ditchrider. You may also contact the Office.

 

Current News

NOTICE OF ELECTION


      NOTICE IS HEREBY GIVEN that on the 5th day of November, 2019, an election will be held for the election of two (2) Directors of American Falls Reservoir District No. 2, as provided in Section 43-201, et seq.,  Idaho Code (one Director to be elected from Precinct #2 and one Director to be elected from Precinct #6).


     At said election the polls shall open at the hour of 1:00 p.m. and shall be kept open until, and the same shall close, at the hour of 7:00 p.m. on the date of said election.


     The polling places within the respective precincts are as follows:


     PRECINCT #1:                                  Office of the Big Wood Canal Co.,

                                                                                409 N. Apple St.,  City of Shoshone

                                                                                Lincoln Co.,  Idaho


     PRECINCT #2:                                  American Falls Reservoir Dist. No. 2 Shop

                                                                                270 S 1900 E    Jerome

                                                                                Jerome Co.,  Idaho


     PRECINCTS #3 & #4:                       City Office  

                                                                                180  W  Lincoln, City of  Richfield

                                                                                Lincoln Co., Idaho


     PRECINCTS #5, #6 & #7:                 Anne Lipe

                                                                                2070 S 2000 E, Gooding,

                                                                                Gooding Co.,  Idaho


     Every Elector of the District who is a person of eighteen (18) years of age, and is a citizen and bona fide resident of the State of Idaho, and of the County within which American Falls Reservoir District No. 2, or a portion thereof, is located, and a resident holder of title, or evidence of title, to lands located and subject to assessment within the said District shall be entitled to vote at the above stated election.  An Elector need not be registered in order to vote, but will be required to execute an oath attesting to his or her qualification to vote.


     Nominating petitions are available during business hours, at the District office located at 409 N. Apple St., Shoshone, Idaho.  Such nominating Petitions must be properly filled out and returned to the District office no earlier than September 6, 2019 8:00 a.m  and no later than September 26, 2019 by 4:30 p.m.  Upon submitting the Nomination Petition, the Nominee shall sign the Nominee’s oath, pursuant to I.C. 43-201 (5).



     NOTICE IS FURTHER GIVEN that if after the 26th day of September 2019, it appears that only one (1) qualified candidate has been nominated for each position to be filled, no election will be held and the Board of Directors shall thereafter declare such candidate(s) selected as Director(s).





                                                                                                                                                   Jennifer Gough

                                                                                                                                                   American Falls Reservoir District No. 2

 

Board Meetings

Big Wood Canal Company and American Falls Reservoir Dist. No. 2 have set the following date and times for their Board of Director meetings.


   Both Boards meet on the first working day of each month.


   Big Wood holds their meeting in the morning.


   American Falls holds their meeting in the afternoon.


   This schedule is subject to change due to circumstances. If you have question call the office 208-886-2331.

 

American Falls Reservoir District No. 2

Board Meeting

December 2, 2019

Agenda

American Falls Reservoir District #2

December 2, 2019

Board Meeting

Agenda


The Board of Directors of AFRD #2 met in Joint Session with BWCC Directors at 11:00AM to review liability insurance quote.


1:15PM ------------------------------------------------------------------------------------------------------------------------ - Call To Order

All Action Items Listed Below

Minutes

Bills

Hydro Bills

Payroll Spreadsheet


Liability Insurance Approval



Manager Report

Attorney Report

New Business

Old Business

 Amendment(s) if needed as noted in Idaho Code 74-204

Executive Session if needed as noted in Idaho Code 74-206

Adjourn

Any persons needing special accommodations to participate in the above noticed meeting should contact the District Office at least 3 days prior to the meeting at 208 886-2331 or stop at the office at 409 North Apple Street Shoshone, ID 83352.

 

BWCC Agenda

Big Wood Canal Company

December 2, 2019

Board Meeting

Big Wood Canal Company

December 2, 2019

Board Meeting

Agenda

9:00AM ------------------------------------------------------------------------------------------------------------ -Call To Order

  1. Minutes

  2. Bills

  3. Hydro Bills

  4. Payroll Spreadsheet


Notice of Annual Meeting


9:45AM--------------------------------------------------------------------------------------------------------------Slough Ditch

10:00AM---------------------------------------------------------------------------------------Bob Billington Water Transfer

Manager Report

Attorney Report

New Business

Old Business



American Falls Reservoir District #2 Board members joined in Joint Session at 11:00AM

Liability Insurance --------------------------------------------------------------------------------------- Archibald Insurance



 Amendment(s) if needed as noted in Idaho Code 74-204

Executive Session if needed as noted in Idaho Code 74-206

Adjourn

Any persons needing special accommodations to participate in the above noticed meeting should contact the Office at least 3 days prior to the meeting at 208 886-2331 or stop at the office at 409 North Apple Street Shoshone, ID 83352.

 

Employment Opportunities

no current openings

 

Forms

BIG WOOD CANAL COMPANY

AMERICAN FALLS RESERVOIR DISTRICT #2

409 NORTH APPLE STREET

SHOSHONE, ID 83352

208 886-2331


TEMPORARY WATER TRANSFER


I, ___________________________, WANT TO TRANSFER ________ SHARES OF


WATER FROM CERTIFICATE #____________ AND DITCHRIDER _______________,


TO STOCKHOLDER __________________________ AND CERTIFICATE #_________


AND DITCHRIDER ______________________ FOR/UNTIL _____________________.

                                                                           (PERIOD OF TIME)



DATE:________________________________


SIGNATURE:_______________________________


PHONE #________________________________________




========================================================================================

AFFIDAVIT OF LOST CERTIFICATE


STATE OF ____________________)


COUNTY OF ___________________)


KNOW ALL MEN BY THESE PRESENTS, That I am the record title owner of __________________________________________________________________________

together with __________ shares of the Capital Stock of the Big Wood Canal Company, evidence by certificate #___________, dated ______________. I do here by state upon my solemn oath that I do not possess said Certificate #________, that it has been lost and after diligent search and inquiry cannot be found, and in the event that the officers of the Big Wood Canal Company will issue to me a new certificate for these __________ shares without actual surrender of old certificate #__________, I nor my heirs, will or have or claim any right, title or interest in and to said certificate #___________ and will hold the Company free and harmless by reason thereof. It is further certified that in event the said Certificate #__________ is found it will be submitted to the Big Wood Canal Company for cancellation.


Subscribed and sworn to before me, a Notary Public, this _________ day of _______________.


                                                                                    ___________________________________

                                                                                    Stockholder


                                                                                     ___________________________________

                                                                                     Notary Public,


                                                                                      ___________________________________

           SEAL                                                                 Residing at


                                                                                       ___________________________________

                                                                                       My Commission expires









======================================================================

Proxy For The Annual Meeting Of The Stockholders Of Big Wood Canal Company




​KNOW ALL MEN BY THESE PRESENTS, That the undersigned stockholder of the Big Wood Canal Company, Hereby constitutes and appoints _________________________, the attorney and proxy of the undersigned to attend and represent the undersigned at the annual meeting of the stockholders of the Big Wood Canal Company, on the ________ day of January ______; at 10:00 AM., and all adjournments and continuances of said meeting, and for and on behalf of the undersigned to vote according to the number of shares of stock of said company which the undersigned would be entitled to vote if there personally, hereby ratifying and confirming all that said attorney and proxies shall do in the premises, and grant unto said attorney and proxies full power of substitution and revocation.



Dated this__________ day of ___________, 20____.



_____________________________                       ______________________________________

Name of Entity/Stockholder                                 Owner, Office, Partner or Member Signature



______________________________                       _________________________________

Number of shares under this proxy                       Print

(Office Use Only)


                                                                                    _________________________________

                                                                                    Title


Instructions for Proxy: A separate proxy will be required for each entity name; only Big Wood Canal Company water shares listed under that entity will be counted. If the person signing the proxy is not listed on the Stock Certificate, proof of authority must be attached to the proxy in writing. Proxies must be filled out completely and correctly when brought to the office; any proxies that do not have the correct information will be discarded. If you have any questions please call the office, 208-886-2331

 
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208-886-2331

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