Chapter 11 - § 11.1 DITCH REPAIR, MAINTENANCE, AND CLEANING

• Jurisdiction: Colorado

§ 11.1 DITCH REPAIR, MAINTENANCE, AND CLEANING

Colorado Revised Statutes, Title 37, Article 84, provides for the responsibilities of ditch owners. C.R.S. § 37-84-119 states that ditches must be kept in good repair, specifically:

The owners, or persons in control, of any canal or ditch used for irrigating purposes shall maintain the same in good order and repair, ready to receive water by April 1 each year, so far as can be accomplished by the exercise of reasonable care and diligence, and shall construct the necessary outlets in the banks of the canal or ditch for a proper delivery of the water to persons having paid-up shares or who have rights to the use of water.

It is therefore the responsibility of the co-owners of the ditch to repair, maintain, and clean the ditch in order to adhere to the above standards.

Similarly, C.R.S. Title 38, Article 23 provides for the specific responsibilities of ditch co-owners pertaining to the costs of upkeep and repair of ditches. C.R.S. § 38-23-101 states:

All co-owners of unincorporated irrigating ditches shall pay for the necessary cleaning and

...