Questions and Answers about Ditch Company Easements

A: No, but the Ditch company and water users are responsible for ditch maintenance specifically for access and the flow of water.  Landowners must not damage or obstruct the ditch.  If property owners want to remove trees or make improvements to the ditch, they must discuss with the ditch company. 

A: Yes, if your neighbor uses the ditch to deliver water to his/her property, he/she has a right-of-access to enter with the equipment needed to maintain or repair the ditch. Irrigators frequently check ditches upstream to see how they are flowing, clear debris from the ditch, or adjust flows at measuring structures that may be on your land.

A: Only if you have a decreed right to use the water and it is in priority. The fact that the water runs through your property does not give you the blanket right to divert or use it. In most of Colorado, it is difficult to find unappropriated water.