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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 />co <br />.-4 <br />en <br />,;;J <br />o <br />':.::.") <br /> <br />The fact of being a mutual irrigation company organized as a <br /> <br />special purpose corporation under the Ditch and Reservoir <br /> <br />Companies Act lends to the Company characteristics which <br /> <br />distinguish it from other corporations, special districts and <br /> <br />water <br /> <br />companies. <br /> <br />are <br /> <br />These <br /> <br />characteristics <br /> <br />conservancy <br /> <br />summarized as follows: <br /> <br />1., Although the water rights and main canals are <br />titled in the name of the Company, the right of use of <br />the canals and water is vested in the shareholders. <br />Jacobucci v. District Court, supra. <br /> <br />2. The water rights represented by shares of <br />stock are deemed personal property and transferrable as <br />provided by the Company's Bylaws. Section 7-42-105(4), <br />C.R.S. <br /> <br />3. The water right represented by a share of <br />stock is not inseparably allocated or "t,ied" to any <br />specific parcel of land, such as in the case of certain <br />irrigation districts and water conservancy districts, <br />and therefore can be transferred from parcel to parcel, <br />and diverted from headgate to headgate, at the <br />direction of the shareholder consistent with the <br />Company's Bylaws. <br /> <br />4. So long as no other shareholder is injured, <br />a shareholder potentially has the right to transfer <br />his water out of the main canal system operated by the <br />Company. Fort Lyons Can~ Co. v. Catlin Canal Co., <br />642 P. 2d 501 (Colo. 1982). <br /> <br />5. The Company possesses the power to condemn <br />real estate and rights-of-way for the purpose of <br />transacting the Company I s business, or for any lawful <br />purpose connected with the operations of the Company. <br />Section 38-2-101, C.R.S. <br /> <br />5 This means that a shareholder's water "\'QuId be diverted <br />from a natural stream at a location other than the main headgate <br />of the Company. See Wadsworth Ditch Co. v. Brown, 39 Colo. 57, <br />88 P. 1060 (1907).- <br /> <br />7 <br />
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