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WSP00062
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Last modified
1/26/2010 12:12:36 PM
Creation date
10/11/2006 9:30:25 PM
Metadata
Fields
Template:
Water Supply Protection
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
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<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 />
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