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<br />,,") <br />!:'- <br />1.'" <br />.:,;:; <br /> <br />,::;) <br />C;1 <br /> <br />. <br /> <br />. <br /> <br />In view of the rule adopted in Wright, in our opinion it would <br /> <br />be desirable for the Proposed Organization(s) selected to possess <br /> <br />powers of eminent domain sufficient, not only to acquire the ditch <br /> <br />right of a user in an existing lateral, but also to acquire any <br /> <br />requisite additional easements from underlying la.ndowners. <br /> <br />We believe that it will be advisable, if not essential, to <br /> <br />acquire written grants of easements for the proposed pipelines <br /> <br />from the owners of ditch rights in existing Laterals as well as <br /> <br />from underlying landowners either voluntarily or by condemnation. <br /> <br />In our opinion such grants can be specific enough to allow the <br /> <br />right of the owner thereof to permit agents of the Bureau or the <br /> <br />Water Conservation Board to make annual inspections of the <br /> <br />pipelines. <br /> <br />B. Authority Over Lateral Users <br /> <br />Unless the Grand Valley Unit project is to proceed exclusively <br /> <br />on a voluntary or consensual basis, the Proposed Organization must <br /> <br />be able to compel a non-consenting water user to become subject to <br /> <br />the terms and conditions under which water is to be transported <br /> <br />and distributed by the Organization. <br /> <br />In respect to private <br /> <br />corporations, where voluntary subscription for stock is not <br /> <br />obtained, the basis of such authority would appear to stem solely <br /> <br />from the circumstances specified in the "Lateral Incorporation <br /> <br />Law. II <br /> <br />Long continued controversies arising between individual users <br /> <br />of laterals have resulted in special attention by the General <br /> <br />Assembly. In 1919 the Lateral Incorporation Law was enacted <br /> <br />-13- <br />