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.

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 [...]

MH-MMIC Water Rights Class “A” stock shares receive water from the 13 c.f.s. (cubic feet per second) direct flow irrigation water right in the Mountain Meadow ditch.  The Company can usually divert “A” water during spring run-off, but the right will typically be superseded by senior water rights by mid-June. Water rights that are senior to the Mountain Meadow right add up to around 46 c.f.s, meaning that Cattle Creek needs to have almost 60 c.f.s of flow in order for the company to be able to divert the full 13 c.f.s.  Since it is a direct flow right, “A” water may not be stored in the reservoir for use later in the season. Class “B” stock shares draw water from Spring Park Reservoir which has a capacity of ~1,700 acre-feet and a decree for 2,843 acre-feet of storage for irrigation use.  The reservoir can fill and re-fill from a 40 c.f.s water right in the Mountain Meadow ditch.  Since it is a storage right and one of the more junior rights on Cattle Creek, most of the time period during which the reservoir is filling occurs outside of the irrigation season when other more senior ditches are not diverting: in November before freeze-up, then starting again in early March. Since there is little flow in Cattle Creek in the off season, the critical period for filling the reservoir is during spring run-off (mid-April to mid-May) just before the other ditches turn on. The Mountain Meadow ditch has a capacity of around 70 – 80 c.f.s.  During spring run-off when “A” shareholders are irrigating, if there is enough flow in Cattle Creek the ditch may carry water over and above their 13 c.f.s. class [...]