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<br />.""" <br />~ <br />en <br /> <br />(.:) <br />,'~ <br />-.." <br /> <br />,.... <br />'.,.J <br /> <br />3. Eminent Domain. <br /> <br />It is recommended that section 38-l-lCil.5, C.R.S., be <br /> <br />amended to include a new paragraph (3), making the provisions of <br /> <br />this section14 inapplicable to corporations contracting with the <br /> <br />United States to implement salinity control. <br /> <br />It is recommended <br /> <br />that the following new paragraph (3) be added: <br /> <br />(3) Nothing in this section shall be interpreted <br />or construed to apply to or limit the power of eminent <br />domain or dominant eminent domain of a corporation <br />organized or existing pursuant to section 7-42-101, et <br />seq., C.R.S., which has included in its articles of <br />incorporation the statements with respect to salinity <br />control as set forth in section 7-42-101 (3), C.R.S., <br />and which has entered into a contract with the United <br />States acting through the Secretary of the Interior for <br />the purpose of implementing salinity control measures <br />under the Colorado River Basin Salinity Control Act, 43 <br />U.S.C. S 1571, et seq. <br /> <br />It is further recommended that the limitations set forth in <br /> <br />sections 37-86-105, 106 and 107, C.R.S., be declared inapplicable <br /> <br />to ditch and reservoir companies engaging in salinity control <br /> <br />measures. <br /> <br />Thus, it is recommended that a new paragraph (2) be <br /> <br />added to section 37-86-102, C.R.S., to read as follows:, <br /> <br />(2) Nothing in this section, or in sections <br />37-86-105, 106 or 107, C.R.S., shall be interpreted or <br />construed as a limitation upon the power of eminent <br />domain or dominant eminent domain granted to a <br />corporation organized and existing pursuant: to article <br />42, title 7, C.R.S., which has included in its articles <br />of incorporation the statements with respect to <br />salinity control as set forth in section 7-42-101(3), <br />C.R.S., and which has contracted with the United States <br /> <br />14 Section 38-1-101.5, C.R.S., <br />on the acquisition of easements <br />construction of pipelines. <br /> <br />contains special limitations <br />by eminent domain for the <br /> <br />29 <br />