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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 />.""" <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 />
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