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.
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.
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