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<br />~ <br />N <br />0) <br /> <br />r'-, <br /> <br />C;~ <br /> <br />c:::> concern over salinity in the Colorado River. One therefore must <br /> <br />raise the question of whether the acquisi1:ion of property <br /> <br />interests over existing irrigation lateral ditches, and the <br /> <br />construction of improvements to such lateral ditches for the <br /> <br />purposes of controlling salinity, is a purpose contemplated or <br /> <br />authorized wi thin the scope of either the Ditch and Reservoir <br /> <br />Companies Act or the Articles of the Company, given the <br />historical context of this type of entity.6 <br /> <br />The issue we foresee that may be raised is whether entering <br /> <br />into a contract with the United States for salinity control is <br /> <br />outside of the Company's power or ultra vires. The doctrine of <br /> <br />ultra vires is that part of corporate law which will render void <br /> <br />or voidable a corporate act that is beyond .the corporation r s <br /> <br />purposes and powers. Dillon v. Myers, 58 Colo. 492, 146 P. 268 <br /> <br />(1915) . <br /> <br />Modern statutes, including the Colorado Non-Profit <br /> <br />Corporation Act, limit the effect of the doctrine of ultra vires <br /> <br />such that ultra vires acts of a corporation, including the <br /> <br />transfers of real or personal property, are not rendered invalid <br /> <br />merely by virtue of the fact that the corporation was without <br /> <br />capaci ty to do such act or to make or receive such transfers. <br /> <br />Section 7-22-102, C.R.S. <br /> <br />However, a member or director of the <br /> <br />corporation has the authority to raise the capacity of the <br /> <br />6 <br />See Moses, Irrigation Corporations, 32 Rky. Mtn. L. Rev. <br />527 (1960). <br /> <br />10 <br />