§ 37-43-207 — Power of eminent domain

In order to carry out the purposes of
this part 2, a contracting district shall have the power of eminent domain to acquire,
within the boundaries of the district, existing lateral ditches, pipelines, and
appurtenances thereto and interests therein, easements, rights-of-way, and such
other rights and interests in property, including property devoted to a public
purpose, as may be required in order to carry out the purposes of this part 2. The
power of eminent domain granted to a contracting district pursuant to this section
shall not extend to the acquisition of: Water rights; laterals which have been and as
of April 6, 1988, are improved so as to achieve the purposes of the federal
Colorado River Basin Salinity Control Act as determined by the United States
bureau of reclamation; and ditch rights in a lateral with respect to which the owners
of a majority of the acreage entitled to receive water therefrom have not agreed to
have such lateral improved under the provisions of such federal act. If the
compensation to be paid for the taking or acquisition of interests in property by a
contracting district is to be paid or reimbursed by the United States, the question of
whether such compensation shall be made need not be submitted to a vote of the
qualified voters of such district.

Legislative History

Source: L. 88: Entire part added, p. 1229, � 1, effective April 6.