Ditch Easement Resources
The Ditch Easements resource page offers guidance and information for landowners, ditch companies, and water users navigating the complexities of ditch access and maintenance rights. Easements allow for the legal use of land to operate, maintain, and improve irrigation ditches—an essential part of agricultural water delivery in the region. This page provides resources to help clarify property rights, responsibilities, and best practices for cooperative management, helping to prevent conflicts and support the long-term sustainability of local water infrastructure.
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The right to a ditch easement is recognized under the Colorado Constitution and statutory law. The Colorado Supreme Court has held a ditch easement includes the rights to “inspect, operate, maintain and repair the ditch” and the rights of ingress and egress over the burdened estate.
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The word Right in itself does not imply the ownership of any physical object or land of any kind. The word Way also does not imply the ownership of any physical object or land of any kind. The word Right-of-Way only describes the right to pass through land owned by someone else for a specific purpose.
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Most easements are not “exclusive.” In other words, the servient estate’s owner may still make use of the burdened property so long as he or she does not unreasonably interfere with the easement. Because of this joint use of the same property, conflicts often arise:
Permissible uses of the easement.
Alterations of the easement to the detriment of one or more parties.
Whether the easement can be moved.
Easements created by years of use (prescriptive easements).
The dimensions of the easement.
Other Ditch Easement Resources
Ditch Easement Law in Colorado
Measuring Water Flow in Surface Irrigation Ditches and Gated Pipe
Relocating Easements