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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 />(;J <br />('') <br />-;.,~ <br /> <br />...) <br /> <br />c) <br />C':'J <br /> <br />dominant eminent domain mentioned by the 'i'laldeck <br /> <br />13 <br />Report. <br /> <br />Generally speaking, property which has been taken or is devoted <br /> <br />to a public use cannot be taken by eminent domain for another <br /> <br />public use in such manner or to such extent that the use to which <br /> <br />it is first taken or devoted will be wholly defeated or <br /> <br />superseded, unless the power to exercise dominant eminent domain <br /> <br />under those circumstances is granted expressly or by necessary <br /> <br />implication by the condemning statute. Denver Power & Irrigation <br /> <br />Co. v. Denver & Rio Grande RR Co., 30 Colo. 204, 69 P. 568 <br /> <br />(1902). If the need to implement salinity control is viewed as a <br /> <br />priority public policy issue, and salinity control measures will, <br /> <br />or potentially will, preclude the use of any other public purpose <br /> <br />within an easement area, then the power of dominant eminent <br /> <br />domain must be granted specifically under the condemning statute. <br /> <br />E. Control Over Shareholders. <br /> <br />As earlier mentioned, shareholders in a mutual irrigation <br /> <br />company have the power to move the use of their water from parcel <br /> <br />to parcel and from headgate to head gate because the water is not <br /> <br />tied or restricted by allotment to any specific tract or parcel <br /> <br />of land. <br /> <br />This means that a shareholder may divert his water <br /> <br />outside of the mutual irrigation company's system so long as <br /> <br />other shareholders are not injured. <br /> <br />Fort Lyons Canal Co. v. <br /> <br />13 <br />Waldeck Report, Section VII, ~ 9.(c), p. 28. <br /> <br />21 <br />
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