The Hondius Board of Directors approved an amendment to the Bylaws in order to comply with Colorado drinking water regulations. The form of the Amendment is as follows:
Second Amendment
To the Bylaws
Hondius Water Users Association, Inc.
This Second Amendment to the Bylaws of Hondius Water Users Association, Inc. (“Second Amendment”) is made effective this 14th day of December 2022.
Recitals
A. The Bylaws of the Hondius Water Users Association, Inc. dated September 21, 1998, as amended in the First Amendment to the Bylaws dated August 1, 2017 (“Bylaws”) provide general guidelines for certain organizational and governance matters for the Hondius Water Users Association, Inc. (the “Association”).
B. Any term used herein without separate definition shall have the meaning ascribed to such term in the Bylaws.
C. Article VIII, Amendments, of the Bylaws provides that the Board of the Association shall have the power to make, alter, amend or repeal the Bylaws at any convened meeting of the Board by an affirmative vote of a majority of the Directors at any such meeting at which a quorum is present.
Now, therefore, this Second Amendment, having been adopted pursuant to the Bylaws, hereby amends the Bylaws as follows:
- Article VII, Miscellaneous., to the Bylaws, shall be amended to add Section 8., Backflow Prevention Requirements, to read, in its entirety, as follows:
Section 8. Backflow Prevention Requirements.
In accordance with Section 39 of 5 CCR 1002-11, Colorado Primary Drinking Water Regulations, the Association is required to survey its members to determine whether a cross-connection is present on the members’ property, and if so, to require such members to install, maintain, test, and inspect backflow prevention assemblies and/or backflow prevention methods. When required, backflow prevention assemblies or methods shall be tested by a Certified Cross-Connection Control Technician upon installation and tested at least annually, thereafter. The tests, and any required repairs or replacements of any prevention assemblies or methods, shall be performed at the expense of the member.
Members shall cooperate with the installation, inspection, testing, maintenance, and, as needed, repair and replacement of backflow prevention assemblies and with the survey process. For any identified uncontrolled cross-connections, the Association shall complete one of the following actions within 120 days of its discovery:
- Control of the cross connection
- Remove the cross connection
- Suspend service to the cross connection (i.e. suspend service to the member)
The Association shall give notice in writing to any member whose water plumbing system has been found to present a risk to the Association’s water distribution system through an uncontrolled cross connection. The notice shall state that the member must install the required backflow prevention assembly at the member’s expense and shall give the date by which the member must comply, or the Association will permanently discontinue the member’s water service.
2. Except as modified herein, the Bylaws shall remain in full force and effect.
Certificate. I hereby certify that the foregoing Second Amendment, consisting of two (2) pages, including this page, constitutes the Second Amendment to the Bylaws of the Hondius Water Users Association, Inc., adopted by the Board of Directors of the Association as of the 14th day of December 2022.
Hondius Water Users Association, Inc.
_S/Ralph Turner______________12/14/22_______
Ralph Turner, Secretary Date