Laserfiche WebLink
<br />o <br />(~'") <br />en <br />(~:) <br />:::-J <br />~":l <br /> <br />conditional water right through the lands which lie between the <br /> <br />point of diversion and the point of use for the purpose of <br /> <br />transporting water. The right-of-way can be acquired by eminent <br /> <br />domain under the procedures of section 38-l-l0l, et ~., C.R.S. <br /> <br />Section 37-86-104, C.R.S. There are, however, several important <br /> <br />limitations to this authority granted under section 37-86-102, <br /> <br />C.R.S. <br /> <br />12 <br />as noted in the Waldeck Report, the purpose of <br /> <br />First, <br /> <br />the right-of-way granted under this section is for transporting <br /> <br />water. The question raised is whether a valid purpose includes <br /> <br />the piping or lining of existing irrigation laterals to control <br /> <br />salinity. <br /> <br />Secondly, you cannot burden any tract or parcel of <br /> <br />land with more than one ditch, section 37-86-105, C.R.S. Third, <br /> <br />you must take the shortest and most direct route practicable. <br /> <br />Section 37-86-106, C.R.S. Fourth, one must permit his ditch to <br /> <br />be enlarged by any other person who seeks to join in the use of <br /> <br />the ditch. Section 37-86-107, C.R.S. <br /> <br />The third statute is section 38-2-101, C.R.S., which <br /> <br />contains a specific grant of the power of condemnation to any <br /> <br />corporation formed for the purpose of constructing a ditch, <br /> <br />reservoir, pipeline, and other enumerated purposes. The power of <br /> <br />condemnation includes not only the purpose for which the <br /> <br />corporation transacts its business, but any lawful purpose <br /> <br />connected with the operations of the company. <br /> <br />The power of <br /> <br />12 <br />Waldeck Report, p. 22 and footnote 10. <br /> <br />19 <br />