Easements & Right-of-Way

Understanding the company's statutory right-of-way and your obligations as a landowner.

Colorado Statutory Right-of-Way

Under Colorado Revised Statutes § 37-86-103, the Agricultural Ditch & Reservoir Company holds a statutory right-of-way over the land through which its ditch passes. This right-of-way extends beyond the ditch bed to include all ground reasonably necessary for:

  • Ditch operation and maintenance
  • Equipment access and maneuvering
  • Spoil placement from cleanings
  • Emergency repairs

Encroachment Prohibited

Landowners may not construct fences, buildings, irrigation equipment, landscaping, or other structures within the company's right-of-way without prior written consent. Encroachments that impede the company's ability to maintain the ditch may be removed at the landowner's expense.

Note: If you believe a structure already exists within the right-of-way, contact the company before making any changes. Historical use may affect how the boundaries are interpreted.

Ditch Crossings

Crossing the ditch with a road, pipeline, utility line, or other structure requires a crossing permit. See our Ditch Crossings page for requirements and the application process.

Vegetation & Tree Removal

The company may remove trees, shrubs, and vegetation within the right-of-way as needed to maintain the ditch and access for equipment. Landowners wishing to plant within or adjacent to the right-of-way should contact the company first.

Questions?

Contact the company's ditch rider or office with questions about a specific location along the ditch.

Contact Us