Living next to an irrigation ditch can be a new and different experience for residents unaccustomed to the practices and laws surrounding irrigation ditches in Colorado. At times it can be difficult when the operations and maintenance of the ditch vary from the landscaping and property management goals of the underlying land owner. However, with careful planning, living next to an irrigation ditch can be a unique and rewarding experience.
Irrigation ditches are man-made channels that deliver water from natural streams to homes, farms, businesses, industries and other uses. Irrigation ditches typically run from April through October when water users need water for irrigation, although ditches sometimes run in the winter to fill reservoirs.
The original purpose of most irrigation ditches was to deliver water to farmlands. Local agriculture and development in the late 1800’s of the Boulder area would not have been possible without irrigation ditches. Ditches as structures have not changed much over time and still serve agriculture, but also deliver water to parks, cities, homes and businesses.
In general, ditch companies are private, not-for-profit companies made up of shareholders. Shareholders receive water based on their ownership in the company and pay a fee to support ditch operations and maintenance. Shareholders can be individuals or institutions, such as a school district or a government agency.
Ditch Companies perform routine maintenance as necessary to ensure unobstructed flow of water. Routine maintenance may include brush and tree removal, dredging, bank rebuilding and other cleanup activities. Homeowners may choose to dispose of materials left in the easement following maintenance, as ditch companies generally do not haul vegetation and trash away. Sediment should be left undisturbed, as ditch companies commonly use it to build and maintain the ditch banks.
Although trees thrive along waterways and are valued by the community for their aesthetic and environmental benefits, trees and roots can compromise the ditch bank, reduce flow capacity, block maintenance access, and create snags that can collect debris and result in flooding. Ditch companies selectively remove trees from within the easement to support ditch operations and reduce flooding risk.
Even though a property may have a ditch running through it, landowners may only use the water if they own shares in the ditch company, lease water, or have a contractual right to the water. Shares can be purchased from the previous property owner, from other shareholders, or directly from the ditch company if and when available.
Seepage from irrigation ditches is a historic and common occurrence. It is generally up to the land owner to address seepage on their property. An expert, such as an engineer or plumber, can evaluate the situation and examine possible mitigation options such as a sump pump or drainage system.
Ditch Companies rarely own recorded easements or the land underlying the ditch. Instead, they typically have prescriptive easements to access, operate and maintain the ditch. The width of a prescriptive easement can vary and is defined as whatever is “reasonable and necessary” to maintain, access and operate the ditch. Even though these easements may seem informal, they constitute vested property rights that are protected under state law. Because prescriptive easements are rarely quantified or documented, home and business owners may be surprised to discover that their property is subject to a ditch easement that predates their ownership and/or development of the property.
While some vegetation naturally accumulates in the ditch, other debris like grass clippings, yard waste, plastic bags, and litter can obstruct ditch flow as well as pollute downstream waterways and lakes. Trash or yard waste should not be deposited in ditches.
Building, planting or other modification within the ditch easement typically requires ditch company approval in the form of a written agreement. Due to the poorly defined easement it is best to contact the ditch company if work will occur within 50 feet of the ditch.