Easements & Right-of-Way

Colorado Statutory Right-of-Way

Colorado law gives the owner of a water right a right-of-way to carry its water across the land between the point of diversion and the place of use (C.R.S. § 37-86-102). Under § 37-86-103, a ditch right-of-way includes the right to:

• Construct, operate, clean, maintain, repair and replace the ditch and its structures
• Improve the ditch's efficiency, including by lining or piping it
• Enter the property, with access to the ditch and its banks, for all reasonable and necessary purposes related to the ditch

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.

Ditch Crossings

Crossing over or under the ditch, and work along or next to either bank, may require a license agreement and approval by the Company. See the Ditch Crossings page and contact the office before planning any work.

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 Superintendent or office with questions about a specific location along the ditch.