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Last modified
1/26/2010 12:12:23 PM
Creation date
10/11/2006 9:28:57 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8276.130
Description
Grand Valley Unit-Colorado River Basin Salinity Control Project
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
6/10/1985
Title
Formal Organizations for Operation of Laterals In the Grand Valley Unit of the Colorado Basin Salinity Control Project
Water Supply Pro - Doc Type
Report/Study
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<br />C) <br />00 <br />r.... <br /><..:) <br />G <br />,~ <br />...._) <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />C .. . 16 . 7 7 <br />onst~tut~on, Art~cle ,Sect~on . <br /> <br />Pertinent statutes <br /> <br />implementing the constitutional provision are found in Sections <br /> <br />38-2-101, C.R.S. and 37-86-104, C.R.S. possible limitations on <br /> <br />the discretion of the corporation as to the placement of the <br /> <br />pipeline may arise from the provisions of Sections 37-86-105, <br /> <br />37-86-106 and 38-2-101.5, C.R.S., providing that land shall not be <br /> <br />burdened with more than one "ditch" and that the shortest route <br /> <br />must be taken. <br /> <br />7 Article 16, Section 7 of the Colorado Constitution provides <br />that all persons and corporations shall have a right of way across <br />public, private, and corporate lands for "ditches, canals, and <br />flumes" for the purpose of conveying water for domestic, irrigation, <br />mining and for manufacturing purposes and for dra.inage. The Colo- <br />rado Supreme Court has determined that the above Section encompasses <br />"pipelines" as well as "ditches, canals and flumes", saying: <br /> <br />(The Section) "does not mention a pipeline, but its evident <br />objective was to permit a right of way for a conduit through <br />which to convey water for the purposes designated, and hence <br />the kind of conduit employed and utilized is of no material <br />moment, so far as any question in the case at bar is involved." <br />Town of Lyons v Longmont, 54 Colo. 112, 129 P. 198 (19l3) <br /> <br />The constitutional provision grants the power of condemnation <br />"for the purpose of conveying water" for beneficial use. The main <br />purpose of placing the laterals in pipes is not for conveyance of <br />water because the water is already being conveyed by existing <br />surface laterals. The purpose, under the Salini 1:y Control Act, is <br />to reduce the salinity of the Colorado River to enhance and protect <br />the rights of water users in the United States and Mexico. Under <br />treaty with Mexico and accords of the International Boundary and <br />Water Commission made pursuant thereto, the United States is <br />obligated to adopt measures to control the salinity of Colorado <br />River Waters entering Mexico. Minute No. 242 dai:ed August 30, 1973. <br />The reduction of saline discharge due to seepage from surface <br />laterals will also tend to reclaim further irrigable acreage in <br />Colorado. We believe that the purposes of the pJ:oposed project <br />would be deemed public purposes by Colorado Cour"ts. <br /> <br />The statute granting corporations formed to construct ditches or <br />pipelines the power of condemnation provides tha-t the power may be <br />exercised, not only for purposes of supplying wa-ter, but also "for <br />any lawful purpose connected with the operations of the company". <br />Section 38-2-101, C.R.S. <br /> <br />-21- <br />
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