Trees and woody vegetation in the corridor
“There are trees growing on the ditch bank here. Can the Company cut them down, does it have to ask me first, and who pays?”
Here the Company owns the ground under and beside the ditch, so it manages the trees on it. If you have planted or maintained trees on this ground, contact the Company office before work is scheduled so it can be discussed first.
Routine maintenance, cleaning and repair of the ditch
“Who is responsible for cleaning and repairing the ditch along my property?”
Maintaining the ditch — cleaning it, repairing the banks, keeping it able to carry water — is the Agricultural Ditch and Reservoir Company's responsibility, and Colorado law also requires the Company to do it. What is asked of a landowner is the other side of that: not to obstruct the ditch or the corridor the Company works from. If something on your property needs to move for the Company to do this work, the Company will contact you.
Bank failure, seepage and water escaping the ditch
“The ditch bank has slumped and water is getting into my yard. Whose problem is it, and who pays for the damage?”
Tell the Company as soon as you can — the office number is on this page — and the Company will come and look. Colorado law requires the Company to maintain the ditch banks so that water does not escape and damage neighbouring property, and the Company takes that seriously. Whether the Company is responsible for particular damage depends on the facts of what happened, and the Company will not decide that from a web page. Report it, and someone will be in touch.
Fences, lawn, paving and other surface improvements in the corridor
“Can I fence my yard across the corridor, pave it for parking, or plant it?”
The Company needs to be able to get to the ditch and work along it. A fence that crosses the corridor generally needs a gate the Company can use, in a place it can use. Lawn and low planting are usually fine; trees, walls and hard surfaces generally are not. Ask the Company office before you build or plant — agreement in advance is much easier than the alternative, and the Company will tell you what it needs.
Buildings, sheds, walls and other structures in the corridor
“There is a shed / retaining wall / patio in the ditch corridor. Does it have to come out, and who pays to remove it?”
Here the Company owns the ground itself, not just a right-of-way over it. Encroachments, unapproved vegetation, fences, or unauthorized structures that impede ditch operations, hydraulic capacity, or maintenance access are subject to immediate removal at the responsible landowner's expense pursuant to C.R.S. § 37-86-103 and Colorado law. Contact the Company office before building anything in the corridor.
Placing spoil from ditch cleaning
“The Company has left a berm of muck along my fence after cleaning the ditch. Is it allowed to put it there, and does it have to take it away?”
Cleaning a ditch produces material that has to go somewhere, and here the Company places it on ground it owns. If material has ended up outside that ground, tell the Company office.
Getting equipment to a work site along the corridor
“Can the Company drive a track hoe down the ditch bank across my property to reach a repair, and can it come through my gate?”
The Company has the right to reach the ditch and its banks to operate, clean, maintain and repair it, and to bring in what the work needs. Where the work is planned rather than urgent, the Company aims to give notice. If access across your property is difficult — a locked gate, a narrow side yard — please tell the Company office, because it is easier to arrange in advance than on the day.