WSP00062

• File Number: 8276.140
• Description: Grand Valley Unit-Colorado River Basin Salinity Control Project
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 11/14/1986
• Title: Evaluation and Recommendations Concerning the Authority of the Grand Valley Irrigation Company to Undertake Salinity Control Measures Pursuant to the Colorado River Basin Salinity Control Act
• Water Supply Pro - Doc Type: Report/Study

m
C'J
0)
~.;)
,-,
..-.~

.::)

the "line,,9 named in the certificate, so long as it does not

interfere with any other ditch, pipeline or reservoir having

prior rights. The limitations we perceive under this section are

two-fold. First, there is likely to be as many as hundreds of

laterals involved in the salinity control program.

Thus, a

practical question is raised as to how to include all the

descriptions

of

these

laterals

in

the

Certificate

of

Incorporation as is required by section 7-42-101, C.R.S.

Secondly, there is little indication as to hmv to exercise the

right-of-way stated in section 7-42-103, C. R. S.

Perhaps the

intent is to incorporate the powers of condemnation under section

38-1-101, et ~., C.R.S., but that intent is not clearly stated
or implied.

The

10
C . R . S . , whi ch

second statute is

section 37-86-102,
11
a person owning a

grants a

right-of-way to

water right or

9 The "line" referred to is the additional statement
required in the certificate of incorporation of a corporation
organized under the Ditch and Reservoir Companies Act describing
the location and direction of the ditch or pipeline to be
constructed. Section 7-42-101, C.R.S.

10 Article 86 of title 37, C.R.S., entitled Reservoirs and
Waterways, includes the sections providing for the incorporation
of lateral ditches noted in the Waldeck Report, Section VII, 5,
pp. 20-22. However, the first seven sections of this article
(section 37-86-101 through 107, C.R.S.) address eminent domain
power which is not restricted in scope or application to
incorporated laterals under section 37-86-108 to 110, C.R.S.

11 Despite the appearance of the word "person," this section
has been utilized by incorporated entities. Mulford v. Farmers
Reservoir & Irrigation Company, 62 Colo. 167, 167 P. 301 (1916).

18