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Advantages of Incorporation
The following material is excerpted from the
booklet "Landowner's Guide to Incorporating Irrigation Ditches and
Laterals."
By forming a corporation, you gain these benefits:
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Your lateral becomes a legal entity with a clearly
stated purpose and rules governing what members can and cannot do.
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You have a businesslike process for making group
decisions about the lateral.
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The corporation has contracting ability, and
individuals may no longer be personally liable on such contracts.
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You have an established process for collecting
fees (assessments) from water users and enforcing compliance with
the lateral's rules.
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Water deliveries can be regulated, scheduled,
and enforced by the lateral corporation. This will help eliminate
disputes among the water users.]
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Government agencies and private companies can
work with one organized and managed legal entity regarding improvements
on the lateral.
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All landowners on the lateral can equitably
share the responsibilities and costs for maintenance and administration.
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You have a clearly defined process for adding
new landowners to the lateral.
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Property owners have an additional selling point
when potential buyers know that the lateral is organized and works
efficiently.
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