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<br />ii";) <br />01 <br />m <br /> <br />~":;.l <br /> <br />o <br /> <br />CJ <br /> <br />F. <br /> <br />Conclusions Reqarding Evaluation as to Authority. <br /> <br />As a result of our review of the Articles" Bylaws and other <br /> <br />organizational documents of the Company, and the statutory <br /> <br />authority under which the Company is organized, we conclude that <br /> <br />amendments to the Articles and Bylaws as well as statutory <br /> <br />authority is both desirable and necessary to enter into a <br /> <br />contract with the United States and effectively carry out <br /> <br />salini ty control measures. <br /> <br />It is our recommendation that the <br /> <br />amendments to the Articles primarily consist of enlarging the <br /> <br />Company's purposes to encompass salinity control. <br /> <br />In addition, <br /> <br />other amendments are recommended so as to tailor specific <br /> <br />provisions of the Articles and Bylaws to allml for, promote or <br /> <br />not conflict with salinity control efforts. <br /> <br />Our recommendations with regard to state statutes are <br /> <br />three-fold. <br /> <br />First, we recommend the Ditch and Reservoir <br /> <br />Companies Act be amended to specifically address salinity control <br /> <br />for ditch and reservoir companies. <br /> <br />Secondly, lve recommend that <br /> <br />certain other sections of the Ditch and Reservoir Companies Act <br /> <br />be amended to facilitate or not conflict with salinity control <br /> <br />activities. And third, we recommend the powers of eminent domain <br /> <br />be clarified primarily to avoid the limitations noted in this <br /> <br />report. <br /> <br />These recommendations are set forth in Section III <br /> <br />below. <br /> <br />24 <br />