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<br />co <br />C~ <br />en <br />'.;J <br />::::> <br /> <br />:.) <br /> <br />should also provide a greater assurance to the United States that <br /> <br />salinity control activities will continue because they are <br /> <br />independently financed. <br /> <br />D. Eminent Domain Authority. <br /> <br />Despite the fact that State and Bureau officials have made <br /> <br />some indication to the public that the salinity control program <br /> <br />is to be voluntary on the part of lateral ditch users, there are <br /> <br />circumstances under which the power of domain may need to be <br /> <br />exercised, including, but not limited to, the following: <br /> <br />To obtain easements of sufficient depth and <br /> <br />breadth to allow the installation and maintenance of <br /> <br />d d' I' 8 d <br />un ergroun p1pe 1neSl an <br /> <br />To force the inclusion of a minority of dissenting <br /> <br />lateral users on a particular lateral ditch. <br /> <br />It may also appear, at a later point, that the power of eminent <br /> <br />domain may have other valuable administrative purposes. <br /> <br />There are three statutes which either grant specifically or <br /> <br />by implication the power of eminent domain, subject to certain <br /> <br />limitations. <br /> <br />The first statute is section 7-42-103, C.R.S., <br /> <br />which grants to ditch and reservoir companies a right-of-way over <br /> <br />8 <br />9-13. <br /> <br />See discussion in the Waldeck Report, Section VI, A, pp. <br /> <br />17 <br />