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<br />OMID records that the present-day Mutual Mesa Lateral was completed at a <br />later date. A map attached to the 1917 Report shows the Mutual Mesa Lateral <br />as a contemplated extension of Canal No. 1. Further, a map attached to a <br />1955 u.s. Bureau of Reclamation Rehabilitation and Betterment Report of the <br />OMID system incudes a map clearly showing the Mutual Mesa Lateral in its <br />present-day location as a permanent feature of the OMID system. OMID has <br />continuously operated the system in its present configuration since its <br />completion. <br /> <br />2. Applicable Law. <br /> <br />Like title to other interests in real property, an easement for an irrigation ditch <br />may be obtained through adverse possession. In order to obtain title by <br />adverse possession, the use relied upon to establish the easement must be <br />adverse, under claim of right, open and notorious, and continuous for the <br />complete eighteen year adverse possession period. Raftopoulos v. Monger, 656 <br />P.2d 1308 (Colo. 1983); Abrams v. Colwell, 243 P.6l5 (Colo. 1926). <br /> <br />Colorado law also recognizes the doctrine of executed license with respect to <br />easements for water conveyance facilities. That doctrine, as set forth by the <br />Colorado Supreme Court in several cases, holds that where permission to <br />construct a ditch is granted, and the ditch owner relies on that permission in <br />constructing and operating the ditch, an easement for the ditch arises, and the <br />owner of the land may not deny the existence of that easement. Further, and <br />of particular importance to the Mutual Mesa Lateral, when the ditch has been <br />in existence for an appreciable length of time, consent to its original <br />construction is presumed. See Shrull v. Rapasardi, 517 p.2d 860 (Colo. 1973) <br />and Leonard v. Buerger, 276 P.2d (Colo. 1954). <br /> <br />3. Conclusions. <br /> <br />The Mutual Mesa Lateral has most likely been in continuous operation in its <br />current location since the OMID system was completed in the late 1920's. At <br />the very least, the 1955 map referenced above clearly establishes that the ditch <br />has been in operation since that date. Under those circumstances, consent to <br />its original construction must be presumed, with the easement for the ditch's <br />operation resulting from reliance on that permission under the doctrine of <br />executed license. The same is true of both those sections of the ditch <br />originally part of other systems and those portions newly constructed. The <br />easement would be of sufficient width of accommodate the necessary operation <br />and maintenance of the structure for which permission was granted. See the <br />cases cited above and Colo. Rev. Stat. ~ 37-86-102 & 103. <br /> <br />In the alternative, OMID's open, continuous operation of the ditch for over <br />seventy years, the last forty of which are clearly documented, gives rise to an <br /> <br />ill-6 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />