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<br />,~ <br />(_:") <br />i..... <br />'--' <br />.~ <br /> <br />. <br /> <br />. <br /> <br />..."':J decreed to the Government Highline. We are informed I however, <br /> <br />that the board of directors of the Company has consistently <br /> <br />adhered to the position that the Company did not wish to become <br /> <br />involved in the operation and maintenance of Laterals. <br /> <br />(c) New Ditch Company. <br /> <br />A new mutual ditch company or companies could be formed to <br /> <br />be the Proposed Organization( s). Such a corporat.ion may be formed <br /> <br />either under the Colorado Corporation Code or the Colorado <br /> <br />Nonprofit Corporation Act. 7-42-101, C.R.S. There,after, <br /> <br />subscription for its stock would have to be obtained from the <br /> <br />prospective stockholders, and ditch rights in existing laterals <br /> <br />and easements for the new pipeline laterals would have to be <br /> <br />acquired. <br /> <br />As more fully discussed before, we are of thE! opinion that a <br /> <br />mutual ditch company would have power of condemnation to acquire <br /> <br />ditch rights and easements. We have not, however" researched the <br /> <br />question of the applicability of the dominant eminent domain <br /> <br />doctrine should it become necessary to resort to condemnation to <br /> <br />cross lands or easements previously condemned for other purposes. <br /> <br />We should like to mention in passing that unlike a private <br /> <br />company, a Water Conservancy District (discussed below) is <br /> <br />specifically granted the power of dominant eminent domain. <br /> <br />Section 37-45-ll8(c), C.R.S. Also, as discussed in more detail <br /> <br />above, except to the extent the new ditch company could come <br /> <br />within the Lateral Incorporation Law (i.e. by owning but one <br /> <br />lateral), legal difficulties could arise as to any affected users <br /> <br />-28- <br />