Laserfiche WebLink
<br />o <br /><:'J <br />C'~ <br /> <br />, " <br />....-.' <br />(::1 <br /> <br />:".",:1 <br /> <br />The Ditch and Reservoir Companies Act provides in section <br /> <br />7-42-101 (1), C.R.S., as follows: <br /> <br />When three or more persons associate under the <br />provisions of law to form a corporation for the purpose <br />of constructing a ditch, reservoir, pipeline, or any <br />part thereof to convey water from any natural or <br />artificial stream, channel, or source whatsoever to any <br />mines, mills, or lands or for storing the same, they <br />shall in their articles of incorporation, in addition <br />to the matters otherwise required, specify: the stream, <br />channel, or source from which the water is to be taken; <br />the point or place at or near which the water is to be <br />taken; the location as near as may be of any reservoir <br />intended to be constructed; the line as near as may be <br />of any ditch or pipeline intended to be constructed; <br />and the use to which the water is intended to be <br />applied. (Emphasis added.) <br /> <br />The concept of construction of ditches for the purpose of <br /> <br />conveyance of water for beneficial uses is repeated in section <br /> <br />7-42-102, <br /> <br />(stating <br /> <br />C.R.S. <br /> <br />the <br /> <br />time <br /> <br />limits <br /> <br />within which <br /> <br />construction must be completed after the date of the Certificate <br /> <br />of Incorporation), in section 7-42-103, C.R.S. (providing for a <br /> <br />right-of-way for any pipeline constructed "to run water"), and in <br /> <br />section 7-42-104, C.R.S. (addressing the power of assessment for <br /> <br />corporations owning ditches or canals "for conveying a reservoir <br /> <br />for storing water for irrigation purposes <br /> <br />") <br />. . <br /> <br />It should <br /> <br />also be pointed out under the general powers of non-profit <br /> <br />corporations, <br /> <br />section <br /> <br />7-22-101 (1) (q), <br /> <br />C.R.S., <br /> <br />a non-profit <br /> <br />corporation has all powers "necessary or convenient to effect any <br /> <br />or all of the purposes for which the corporation is organized." <br /> <br />The special purposes contemplated by the Ditch and Reservoir <br /> <br />Companies Act, and the express purposes set fort:!l in the Articles <br /> <br />of the Company, were written and adopted decad,=s in advance of <br /> <br />9 <br />