Ditch Easements and Access for Maintenance

Ditch Easements

The Missouri Heights-Mountain Meadow Irrigation Company’s easements for its ditches have been in place since as early as 1902 when construction of the Mountain Meadow ditch began.  The easements exist by operation of law.  As repeatedly held by Colorado courts, where a ditch has been in place for any appreciable time, consent for the ditch is presumed and the ditch owner obtains an easement for the ditch.  Leonard v. Buerger, 276 P.2d 986 (Colo. 1954); Stoll v. MacPherson Duck Club, Ltd., 607 P.2d 1019 (Colo. App. 1979); Hitti v. Montezuma Valley Irr. Co., 599 P.2d 918 (Colo. App. 1979).  Additionally, the owner of land crossed by a ditch easement may not alter the easement without the consent of the owner of the ditch easement.  Roaring Fork Club, L.P. v. St. Jude’s Co., 36 P.3d 1229 (2001) (“ditch easements are a property right that the burdened estate owner may not alter absent consent of the benefitted owner.”)

Access for Maintenance

As to the scope of ditch easements, Colorado courts have repeatedly held that the ditch easement “extends to the bed of the ditch and sufficient ground on either side to operate it properly” and that the ditch owner “may do whatever is reasonably necessary for the enjoyment of the easement, including repairs.”  Shrull v. Rapasardi, 517 P.2d 860 (Colo. App. 1973); Osborn & Caywood Ditch Co. v. Green, 673 P.2d 380 (Colo. App. 1983).  This means the easement location is where the ditch currently exists.  The width of the ditch easement and maintenance right-of-way is not set in stone.  It allows all that is necessary for proper maintenance.  The right-of-way for maintenance and repairs “includes space therefor as exigency may show.”  Neville v. Loudon Irrigating Canal & Res. Co., 242 P. 1002 (Colo. 1926).  Thus, the easements have been in place since the early 1900’s.  The Company has the right to enter upon the lands crossed by the ditches to do all that is reasonably necessary to operate, maintain, repair, and replace the ditches and to use all the space that it is necessary for such activities on the ditch where it is currently located.