Ditch companies have a long history of operation and play an integral role in Larimer County. The ditches, canals, and reservoirs they operate work together to store and distribute water throughout the County. Ditch companies are generally regulated by Colorado Revised Statutes 7-42-101 et seq. However, there is also a significant amount of case law and other regulation that governs the use of the ditches and reservoirs.
Residents often have questions about ditches or reservoirs on or near their property. Generally, the County does not regulate ditch companies, reservoirs, or water distribution. Except in very unusual circumstances, the relationship between County residents and ditch companies or reservoirs is a private matter. Perhaps the most common interaction is when ditch facilities cross a county road or encroach within a regulatory floodplain. In such cases, it is important that ditch companies contact the County to determine any requirements that would apply. However, the County generally does not have authority to regulate or mediate issues between residents and ditch companies.
Below are some resources that may provide additional guidance or information on ditch companies and the law relating to them. Additional questions about particular ditches or reservoirs should be addressed to the specific ditch company or one of its representatives.
An irrigation ditch runs through my property but I don’t use it. Am I responsible for ditch maintenance?
No. The ditch company and water users are responsible for ditch maintenance, but you must not damage or obstruct the ditch.
Does my neighbor have the right to enter my property to access the irrigation ditch that runs through my property?
Yes, if your neighbor uses the ditch to deliver water to their property, they have a right-of-access to enter with the equipment needed to maintain or repair the ditch. Irrigators frequently check ditches upstream to see how they are flowing, clear debris from the ditch, or adjust flows at measuring structures that may be on your land.
Does the ditch company have an easement through my property? How can I identify the width of the easement? Do I have to let them enter and tear up my property?
Ditch rights-of-way can be owned fee simple or by easement. When owned by fee, the ditch owner holds title to the land where the ditch runs and has absolute control. The width of a ditch owned by fee is usually described in the deed. If the ditch runs through an easement, then the ditch owner does not own the land containing the ditch, but they do have access and use rights. The ditch owner has the right to enter your property to maintain the ditch and ditch banks and perform “reasonably necessary” operations, even if that means disturbing land within the easement. The easement is as wide as is reasonably necessary for ditch maintenance and operation. This is often determined by historic practices and is not always described in a deed.
Can I take water out of a creek that runs through my property?Only if you have a decreed right to use the water and it is in priority or there is unappropriated water in your creek. The fact that the water runs through your property does not give you the blanket right to divert or use it. In most of Colorado, it is difficult to find unappropriated water.
A ditch crosses my property. I don’t own rights to the water, but I want to dig out an area so I will have a pond. Can I do this if the water can flow through my pond and back into the ditch?
No. Digging a pond constitutes an impoundment. Forcing water to flow through a pond alters the natural flow and will increase losses to seepage and evaporation, potentially injuring other water rights holders on the ditch.
How do I contact the ditch company that controls the ditch through my property?First, try asking your neighbors for information regarding the ditch company or lateral association. If that is not possible, contact the water commissioner or the Larimer County Engineering Department. Most ditches and ditch companies are listed on the County's online list. Contact information for many ditch companies can be found online at www.watercolorado.com or through the Colorado Division of Water Resources. Larimer County Ditch Company Directory Index of ditch companies which operate within Larimer County
Attn Stormwater
Larimer County Engineering Department
200 West Oak Street, Suite 3000
P.O. Box 1190
Fort Collins, CO 80522-1190
Americans With Disabilities Act (ADA)
Per the Americans with Disabilities Act (ADA), Larimer County will provide a reasonable accommodation to qualified individuals with a disability who need assistance. Services can be arranged with at least seven business days' notice. Please email us at eng-general@co.larimer.co.us or by calling (970) 498-5700 or Relay Colorado 711. "Walk-in" requests for auxiliary aids and services will be honored to the extent possible but may be unavailable if advance notice is not provided.
