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<br />("'-J <br />90 <br />r... <br />l":" <br /> <br />.:::> <br />o <br /> <br />. <br /> <br />. <br /> <br />raising of revenue to defray the operating expenses of the <br /> <br />districts, other than from governmental grants, is by means of <br /> <br />assessment and levy of taxes against the property within the <br /> <br />district. Section 35-70-109, C.R.S. For these rE,asons we do not <br /> <br />believe that either the Mesa County Soil District. or a new <br /> <br />district formed under the Colorado Soil Conservatcion Act would be <br /> <br />a suitable Proposed Organization. <br /> <br />5. Lateral Ditch Corporations. <br /> <br />(a) Existing Lateral Ditch Corporations. <br /> <br />By the term "Lateral Ditch Corporation" we refer to a <br /> <br />corporation organized under either the Colorado Corporation Code <br /> <br />or the Non-profit Corporation Act which possesses the authority <br /> <br />and power granted by the Lateral Incorporation Law discussed <br /> <br />above. Assuming that an existing Lateral Ditch Corporation has <br /> <br />acquired title to the particular lateral for which it was <br /> <br />organized and is thereby the "owner" thereof, except for the <br /> <br />matters discussed in footnote 6, infra, we see no legal reason why <br /> <br />such corporation could not be a Proposed Organization. A case by <br /> <br />case examination of the Articles of Incorporation and By Laws of <br /> <br />each would be required to determine what amendments, if any, which <br /> <br />would have to be made. <br /> <br />Should it be necessary for the Lateral Ditch Corporation to <br /> <br />obtain additional easements to accomodate the pipeline to be <br /> <br />built, in our judgment, subject to the matters discussed in <br /> <br />footnote 6, infra, it would possess such power under the Colorado <br /> <br />Constitution and laws enacted pursuant thereto. Colorado <br /> <br />-20- <br />