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<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 /> <br />easement for the Mutual Mesa Lateral by virtue of adverse possession. In this <br />instance, the scope of the easement would be established by the use which <br />established the title by adverse possession, including maintenance, operation and <br />repair activities. Wright v. Horse Creek Ranches, 697 P.2d 384 (Colo. 1985). <br /> <br />4. Additional Matters. <br /> <br />In certain locations, the ditch may share its right-of-way with a county or city <br />road. Where the ditch can be established to have existed prior to the county <br />or city road right-of-way, OMID does not believe it must obtain the permission <br />before beginning construction, but will consult with the appropriate agency <br />prior to construction nonetheless. Where the city or county right-of-way is the <br />prior of the two rights-of-way, OMID will make arrangements with the <br />appropriate agency before beginning construction. <br /> <br />In general, cooperation from the landowners adjacent to the ditch is expected, <br />as installation of the new pipeline will be significantly less obtrusive and have <br />fewer impacts on the land than the existing ditch. The right-of-way will be <br />maintained in an open manner to allow sufficient access for maintenance and <br />repairs; however, crops and lawns over the pipeline may be feasible in many <br />locations. <br /> <br />IIl-7 <br />