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Home » US Law » 2022 Colorado Code » Title 7 - Corporations and Associations » Article 42 - Ditch and Reservoir Companies

§ 7-42-101.5. Acequia Ditch Corporation – Definition – Powers

For purposes of this section, “acequia” means a ditch that: Originated prior to Colorado’s statehood; Has historically treated water diverted by the acequia as a community resource and has therefore attempted to allocate water in the acequia based upon equity in addition to priority; Relies essentially on gravity-fed surface water diversions; Repealed. Has historically been […]

§ 7-42-102. Work After Organization

Any corporation formed under the provisions of law for the purpose of constructing any ditch, flume, bridge, ferry, or telegraph line, within ninety days from the effective date of its articles of incorporation, shall commence work on such ditch, flume, bridge, ferry, or telegraph line, as shall be named in the articles, and shall complete […]

§ 7-42-103. Right-of-Way

Any ditch, reservoir, or pipeline corporation formed under the provisions of law shall have the right-of-way over the line named in the articles of incorporation, and shall also have the right to run water from the stream, channel, or water source, whether natural or artificial, named in the articles through its ditch or pipeline, and […]

§ 7-42-104. Assessment on Stock

If any corporation owning any ditch or canal for conveying or reservoir for storing water for irrigation purposes deems it necessary to raise funds to keep its ditch, canal, or reservoir in good repair or to pay any indebtedness theretofore contracted or the interest thereon, the corporation shall have power to make an assessment on […]

§ 7-42-105. Right to Purchase Own Stock

It is lawful for any corporation owning any ditch or canal for conveying or reservoir for storing water for irrigation purposes for its stockholders to purchase and acquire any of its outstanding capital stock, but no purchase of or payment for its own shares shall be made at a time when the purchase or payment […]

§ 7-42-106. Assessments to Pay Purchase Price

When any such stock has been purchased or contract entered into for the purchase of the same, the corporation shall have the power to use its funds and to levy and collect assessments on the remaining outstanding capital stock in the manner provided by law for the payment of any other indebtedness, for the purpose […]

§ 7-42-107. Shall Furnish Water to Whom – Rate

Any corporation constructing a ditch under the provisions of law shall furnish water to the class of persons using the water in the way named in the articles of incorporation, in the way the water is designated to be used, whether to miners, millmen, farmers, or for domestic use, whenever it has water in its […]

§ 7-42-108. Shall Keep Ditch in Repair

Every ditch corporation formed under the provisions of law shall be required to keep its ditch in good condition so that the water shall not be allowed to escape from the same to the injury of any mining claim, road, ditch, or other property. If it is necessary to convey any ditch over, across, or […]

§ 7-42-109. Penalty for Damage

[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person who willfully or maliciously damages or interferes with any road, ditch, flume, bridge, ferry, railroad, or telegraph line or any of the fixtures, tools, implements, appurtenances, or property of any corporation that is formed under the provisions of […]

§ 7-42-111. Extension of Term

When the term of years for which any corporation has been incorporated as a ditch company for the purpose of carrying water for irrigation purposes or as a reservoir company for the storage of water for irrigation purposes has expired or is about to expire by lawful limitation, and such corporation has not been administered […]

§ 7-42-112. Procedure to Extend Term

Whenever the corporate life of any such ditch or reservoir company has expired or is about to expire, the stockholders may vote upon the question of extending the life of such company for another twenty years, or for any other term provided by statute, by first giving notice of such intention by publication for two […]

§ 7-42-113. Duplicate Certificate Issued – When

Any owner of capital stock, as shown by the records of a corporation formed under the law of this state, entitling the stockholder to the services of a ditch or to the use of water subject to the payment of assessments, the legal representative or assignee of any such stockholder, or any lienholder named in […]

§ 7-42-114. Statement of Loss

If a certificate of capital stock has been lost, mislaid, or destroyed, and the stockholder, legal representative, or assignee has paid all assessments levied by the corporation against the stock, the stockholder, the stockholder’s legal representative or assignee, and any lienholder named in the books of the corporation as a lienholder on the lost certificate […]

§ 7-42-115. Publication of Notice of Demand

Upon receipt of a demand pursuant to section 7-42-114, the corporation shall publish, at the expense of the person making the demand, at least once a week for five successive weeks, the fifth publication being on the twenty-eighth day after the first publication, in a newspaper of general circulation in the county in which the […]

§ 7-42-116. Duplicate Conclusive Against Original

If no claim of interest or ownership other than that made by the person filing a notice pursuant to section 7-42-114 or such person’s legal representative or assignee is on file in the records of the secretary of the corporation prior to the date stated in the notice, the corporation shall issue, on or after […]

§ 7-42-117. Proof of Right to Certificate

The corporation may require any legal representative or assignee of a stockholder of record to prove the stockholder’s legal right to such certificate as a legal representative or assignee of the stockholder of record. The corporation may require any lienholder named in the books of the corporation as a lienholder on the lost certificate to […]

§ 7-42-118. Liability of Stockholders, Directors, and Officers

Stockholders, directors, and officers of corporations formed under the provisions of this article shall enjoy the same measure of immunity from liability for corporate acts or omissions as stockholders, directors, and officers of corporations formed under the “Colorado Business Corporation Act”, articles 101 to 117 of this title, or as members, directors, and officers of […]