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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 />second enlargemenh), or about 2540 acre-feet of water, and Ish 'Reservoir <br />stockholders are entitled to about 4500 acre-feet if the reservoir is full. The <br />agreement also provides that Boulder and Larimer County Irrigating and <br />Manufacturing Ditch Company is to receive twenty percent of the water above the <br />capacity of 111,000,000 cubic feet. <br /> <br />B. Laws Under Which Organized <br />The Ish Reservoir Company is a corporation organized under the laws of the <br />State of Colorado. A copy of the Certificate of Incorporation and the ditch <br />company by-laws are shown in Appendix A, pages A-8 and A-16. <br /> <br />C. Powers and Authorities of Organization <br />The powers and authorities of the Ish Reservoir Company are as set forth in <br />the Certificate of Incorporation, included in Appendix A, page A-8. Those of <br />particular interest to the CWCB are summarized below. <br />1. Right to eminent domain. <br />The Certificate of Incorporation states that one of the objects for <br />which the corporation is formed and incorporated is "to acquire and <br />become the owner by purchase, condemnation or other lawful means of <br />lands, reservoirs and reservoir sites in the Counties of Boulder, Weld <br />and Larimer, State of Colorado, and more particularly to obtain title to <br />a certain natural reservoir site..." which is in reference to Ish <br />Reservoir (Second section, paragraph a) This document further states <br />that the corporation is formed to construct a reservoir for water <br />storage and "the drawing of the same off for irrigation" (Second sec- <br />tion, paragraph b). The Corporation may also "acquire the necessary <br />rights of way and to construct the necessary outlet or outlets for deli- <br />vering the water stored in said reservoir to those lawfully entitled <br /> <br />-8- <br /> <br />, <br />111 i <br /> <br />. ~. <br />",' Ii <br />