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Irrigation Ditches and Their Operation Irrigation Ditches and their Operation Fact Sheet No. 6.701 Natural Resources Series|Water by R. Waskom, E. Marx, D. Wolfe, and G. Wallace* Water Laws and until its completion. Otherwise, the water Quick Facts Regulations right is forfeited. In addition to a priority date, a water right is recorded based on the • Water rights in Colorado are Current western water law originated location where the water will be diverted or considered a private property during the California gold rush in 1848. Back withdrawn, the amount to be withdrawn, and right. Water rights can be sold then miners would divert water from streams the beneficial use to which it will be put. or inherited, and prices may while mining for gold. Just like the claim on In Colorado, water rights are considered a mining stake, a rule was established stating vary according to supply and a private property right. Water rights can that the first miner to use the water had the demand. be sold or inherited and prices may vary first right to it. After the first miner’s right according to supply and demand. The • Ditch companies coordinate was established, the second miner’s right was consumptively used portion of a water the use, ensure proper recognized, and so on. Claims left abandoned right may be transferred to another area or maintenance and efficient were available to others. Miners brought this use with approval of the water court, with operation of surface water system to Colorado during the gold rush the stipulation that other water rights are of 1859. This system became known as the irrigation systems and not injured. Doctrine of Prior Appropriation (also called conveyances. The value of a water right is based on the Colorado Doctrine because it first became its amount and availability. It is important • Ditch companies have the law in Colorado with the writing of the state to understand that the priority of water use right to enter your property constitution in 1876). is based on seniority. “Senior” water rights to maintain the ditch and Water in Colorado is still administered are the oldest and hence have first priority ditch banks and perform according to the Doctrine of Prior in times of shortage. Senior rights holders Appropriation. The basis of this doctrine is “reasonably necessary” are entitled to receive all available water in the concept of first-in-time, first-in- right. operations. their ditch or diversion before any junior Water rights are established when water is put water rights holders. During times of water to beneficial use. The person or organization shortage, a senior water right holder may that is beneficially using the water may place a “call on the river.” When a call is request the water court to officially recognize established, any upstream junior right holder the right by decree. This judicial process is must stop diverting water until the senior called adjudication. In Colorado, water courts user receives their full decreed entitlement. have jurisdiction over all applications for This call system is applicable to waters that decree of absolute water rights, conditional are a natural part of the stream system. water rights, changes of use, exchanges, and augmentation plans. A new water user can no longer Ditch Operations appropriate water by simply going out to Ditch companies and associations exist the stream and digging a diversion ditch. to acquire water rights, develop storage, Water projects now involve a complex and deliver surface water to their members process of planning, permitting, and for irrigation and other purposes. Early on, engineering to prove that unappropriated farmers and landowners realized that the water is available for use. If the water court value of their property was directly related approves a conditional decree, the project to a common system bringing water to their must be carried on with due diligence land. Even today, it’s the water that makes © Colorado State University land productive, stable, and aesthetically Extension. 4/06. Revised 12/14. *R. Waskom, Colorado State University Extension water resources specialist and director, Colorado Water pleasing. www.ext.colostate.edu Institute; E. Marx, former agricultural specialist, Larimer Ditch companies generally own and County; D. Wolfe, Office of the State Engineer; and maintain ditches from their headgates to G. Wallace, Colorado State University professor, natural an established point where the individual resource recreation and tourism. 12/2014 landowners or lateral ditch associations Questions and Answers Deeded Water Rights manage the smaller ditch systems. Lateral Water law and irrigation ditch ditch associations generally have by-laws management in Colorado is complex and rules of cooperation in order to keep If you do not hold deeded water Resolving site-specific water issues often rights on a ditch that runs through the lateral system functioning and to avoid require consultation with an attorney or your property, you cannot take water conflicts. Ditch associations are often the engineer. This fact sheet provides general from the ditch in any fashion. You basis for a sense of community among guidelines on the rules and practices that neighbors in rural areas. govern ditch operations in Colorado. If you also must not obstruct the ditch nor Generally, if you hold shares to water have an irrigation ditch on your property deny access to the ditch owner or rights from a ditch that runs through your or if you are in the process of purchasing their representatives when they need property, you will have a deeded water a property with an irrigation ditch or to enter the property to perform right that entitles you to water during the creek on it, the following questions may be maintenance operations. Livestock or irrigation season. There are also certain helpful. vehicles must not cause damage to a responsibilities associated with these ditch or its right-of-way. rights. Water users are often expected to Q: An irrigation ditch runs through attend work days, annual meetings, and my property but I don’t use it. Am I even serve as the ditch captain in smaller responsible for ditch maintenance? ditch associations that cannot afford a paid reasonably necessary for ditch maintenance A: No. The ditch company and water users ditch rider. Responsibilities also include and operation. This is often determined are responsible for ditch maintenance, but coordinating with neighbors when you by historic practices and is not always you must not damage or obstruct the ditch. wish to run water in addition to keeping the described in a deed. ditches that run through your property free Q: Does my neighbor have the right of obstacles. Annual maintenance costs are Q: My neighbor wants to replace to enter my property to access the typically shared by association members in the earthen ditch that crosses my irrigation ditch that runs through my proportion to the number of shares held. property with a concrete lined ditch property? or a pipe. Can my neighbor make A: Yes, if your neighbor uses the ditch the change even if I disapprove? to deliver water to his/her property, he/ Reservoirs and A: Yes. Changes that increase the efficiency she has a right-of-access to enter with the of water delivery, such as installing concrete Water Conveyances equipment needed to maintain or repair the ditches or pipes, are considered reasonably ditch. Irrigators frequently check ditches An extensive network of reservoirs necessary. The ditch owner can make these upstream to see how they are flowing, and water conveyances has been changes even if you disapprove. If they wish clear debris from the ditch, or adjust flows to move or realign the ditch, however, they developed in Colorado since the at measuring structures that may be on th must negotiate with you and receive your middle 19 century. In many cases, your land. a system of reservoirs, pipes, and/or permission. ditches had to be built to store and Q: Does the ditch company have Q: Can I build a fence across divert the water to where it could be an easement through my property? an irrigation ditch to contain my used by farmers. The construction of How can I identify the width of the animals? water delivery systems was in many easement? Do I have to let them cases handled by a water district or enter and tear up my property? A: As a general rule, the ditch company and water users have the right to prohibit or a water company. The water users A: Ditch rights-of-way can be owned fee set conditions for fences that enter the ditch hold shares in the company that simple or by easement. When owned by right of way or cross the ditch. Fences can may be bought and sold. Depending fee, the ditch owner holds title to the land hinder maintenance operations and collect on the company, shares may vary where the ditch runs and has absolute trash thus clogging the ditch. You might be control. The width of a ditch owned by fee in amount of water and price. The able to work with the ditch company for is usually described in the deed. amount of water stored and delivered permission to build a moveable fence that If the ditch runs through an easement, to shareholders each year depends can be removed during ditch maintenance. largely on the snowpack in the then the ditch owner does not own the land containing the ditch, but they do have mountains and the amount of runoff in Q: Can I use the water in the ditch access and use rights. The ditch owner has the spring. Annual fees are assessed that runs through my property? the right to enter your property to maintain to pay for the use of the facilities, their the ditch and ditch banks and perform A: Only if you own water rights or have maintenance, and for the services of “reasonably necessary” operations, even leased a right to the water.
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