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<br />. <br /> <br />. <br /> <br />. <br /> <br />SAMPLE ARTICLES OF INCORPORATION <br />OF A MUTUAL DITCH COMPANY <br /> <br />Parenthetical comments are shown in [italics]. <br /> <br />ARTICLES OF INCORPORATION <br />OF <br />ABC [Mutual] DITCH COMPANY <br /> <br />For the purpose of forming a mutual ditch company pursuant to e.R.S. s 7-42-101 et seq. and the prO\1.sions of the Colo- <br />rado Revised Nonprofit Corporation Act, the undersigned, being three natural persons of the age of eighteen years or more, <br />hereby make, execute and acknowledge the follo\\1.ng articles of incorporation. <br /> <br />[The name of the company can, but is not required to, reflect its mutual ditch status.] <br /> <br />ARTICLE I <br />Name <br /> <br />The name of the corporation shall be ABC IMutual] DITCH COMPANY (hereinafter referred to as "the Company"). <br /> <br />IThe name of the company is required by e.R.S. s 7-102-102 (I)(a).] <br /> <br />ARTICLE II <br />Duration <br /> <br />The peliod of duration of the Company shall be perpetual. <br /> <br />[The duration oj the company can be set by the incorporators at any length ,1 time short oj perpetual. Howevel; il is not gcncrally <br />recommended to identify less than a perpetual duration.] <br /> <br />ARTICLE III <br />Purposes <br /> <br />[The purpose or purposes oj the company is not required to be set Jorth in the articles afincorporation. Howewl; c.R.S. 7-42-101 (1) <br />does at least require that the articles of incorporation state: the stream, channel, lJr source from which the water is to be tahen; the roin[ <br />or place at or near which the water is to be taken; the location, as near as may be, of any n:servoi l' intended to be constmcted; the line. <br />as near as may be, oj any ditch or pipeline intended to be constructed; and the use to which the water is intended to be applied. See <br />Sample Article III subparagraphs A and B below. The Incorporators shottld carefully considC1; with counsel, the specific needs l1 the <br />company and draft the provisions oj the articles l1 inc01poration accordingly.] <br /> <br />The purposes for which the Company is organized and the nature of the business to be carried on by it, without pecuniary <br />gain or profit, are as follows: <br /> <br />A. To acquire, own, hold, improve, manage, control, operate, repair and maintain the real propel1y commonly kno\vn <br />as the [name of ditch], together with all water lights related thereto, whether now existing or as may be acquired in the <br />future, including the water right originally decreed to [identify decreed water rights]. The source of supply of said water <br />right is [identify source of supply]. [Identify the point of diversion, the line of the ditch]. <br /> <br />B. To use the yield from said water lights for the benefit of shareholders who own the rights to its use for all beneficial <br />purposes recognized by law. <br /> <br />Ditch Company Handbook I June 2005 <br />