Discussion

CMWSI is no longer a functioning public utility, having abandoned service to its customers, and thereby abandoning the company. Therefore the issues of CMWSI enforcing its easement rights and recording its intent to preserve easements are moot.

The disputes between the owners of CMWSI and the corporation regarding quiet title claims for water flowing over the land, rights to construct facilities to obtain or serve water, access to certain land, and certain other property rights have been settled by the Agreement. These matters became largely moot by virtue of the change in the primary source of water to serve former CMWSI customers. CMWSI obtained water from a large number of small sources including some on property owned by the owners of CMWSI, not by the corporation. In addition to small wells, these sources included very small dams and above-ground pipelines to transport the water to other small collection devices. While each source was small, in aggregate they sufficed except during drought conditions. Subsequently, RRUC as receiver has served these customers through a pipeline, negating the need for access to the properties not owned by CMWSI but formerly used in obtaining water.

With many of the former facilities no longer needed to serve the customers, the parties entered into the Stipulation which settled the disputes.

Thus, all issues have been settled and with the operation of the water system transferred to CMR&PD, this investigation is now moot, and should be closed.