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<br />-i-~ <br />r-- <br />{.... <br /> <br />. <br /> <br />. <br /> <br />(':;"1 <br />,~ <br /> <br />6. <br /> <br />Authority necessary to comply with applicable <br /> <br />C) <br /> <br />provisions of the Salinity Control Act. <br /> <br />For a Proposed Organization to serve its intended purposes, <br /> <br />it should be able to acquire the following: <br /> <br />(1) Easements (rights-of-way) for the construction, <br /> <br />installation and maintenance of the lateral pipe lines; <br /> <br />(2) The ditch rights of lateral owners in existing lateral <br /> <br />ditches; and <br /> <br />(3) Authority (whether contractual or jurisdictional) over <br /> <br />the lateral users so that such users are obligated to <br /> <br />receive their water through the new pipe lines subject <br /> <br />to the regulations of the Organization pertaining to <br /> <br />delivery charges and administration procedures. <br /> <br />A. Acquisition of Easements and Ditch Rights of Way <br /> <br />In most cases, easements for existing laterals were not <br /> <br />established by written instrument but by long usage, either <br /> <br />adversely to, or with acquiescence by, the underlying landowners. <br /> <br />Where easements are acquired in such manner, rights of the holder <br /> <br />thereof (the dominant estate), and burdens to landowner (the <br /> <br />servient estate), are delineated by the uses which have actually <br /> <br />been made of the easement. Osborn & Caywood Ditch Co. v Green, <br /> <br />673 P.2d 380 (Colo. App. 1983). Courts in Colorado have held that <br /> <br />the rights of the owner of a prescriptive easement for a ditch <br /> <br />extend only to the bed of the ditch and sufficient ground on <br /> <br />-9- <br />