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<br />'':I <br />M <br />0) <br /><..:; <br />:~ <br />(.:) <br /> <br />Catlin Canal Co., 642 P.2d 501 (Colo. 1982). This is to say, a <br /> <br />shareholder in a mutual irrigation company can have his water <br /> <br />diverted from a natural stream at a place other than the headgate <br /> <br />of the mutual irrigation company. <br /> <br />However, by diverting his <br /> <br />water outside of the irrigation company's system, a shareholder <br /> <br />does not relieve himself of the obligation to pay assessments. <br /> <br />Wadsworth Ditch Co. v. Brown, 39 Colo. 57, 88 P. 1060 (1907). <br /> <br />One should also note that a mutual irrigation company has the <br /> <br />power to adopt bylaws which restrict the ability of a shareholder <br /> <br />to divert his water outside of the mutual irrigation company's <br /> <br />system to protect against injury to other shareholders, provided <br /> <br />the bylaw and the restrictions are not arbitrary. <br /> <br />Fort Lyons <br /> <br />Canal Co. v. Catlin Canal Co., supra. <br />In recognition of the power of a shareholder to divert his <br /> <br />water from a place other than the main headgatEl of the Company, <br /> <br />the Company has adopted restrictive Bylaws. Section 6 of Article <br /> <br />VI of the Company's Bylaws provides that water represented by <br /> <br />shares of stock cannot be diverted outside of the Company's <br /> <br />system, i.e., it must be diverted at the main diversion facility <br /> <br />on the Colorado River, except as is provided in Section 7. <br /> <br />Section 7 provides that in the event extraordinary circumstances <br /> <br />exist to justify the diversion and carrying of water outside of <br /> <br />the Company's canals, and provided that no injury shall result to <br /> <br />other shareholders, the shareholder may request such diversion by <br /> <br />petition to the Board of Directors pursuant to procedures set <br /> <br />forth in Section 7. We conclude that Bylaw Sections 6 and 7 of <br /> <br />22 <br />