Chapter 12 - § 12.9 • DITCH LIENS

• Jurisdiction: Colorado

§ 12.9 • DITCH LIENS

§ 12.9.1—Lien for Cleaning and Repair of Ditch

All co-owners of an unincorporated irrigating ditch must pay for the necessary cleaning and repairing of the ditch in the proportion that their respective interests bear to the total expenses incurred.⁴⁸⁵ (The ditch lien statute does not apply to incorporated ditches.⁴⁸⁶ ) A co-owner may perform labor in cleaning and repairing the ditch equivalent in value to his share of the expenses. No co-owner is liable for cleaning or repairing a ditch below the point from which he takes his portion of the water.⁴⁸⁷ Upon the failure of one or more co-owners, upon written request of the owners of one-third of the carrying capacity or the board of directors, to assist in cleaning and repairing the ditch, the other co-owners must clean and repair the ditch and must keep an accurate account of the cost and expense incurred. Upon completion of the work they must deliver to each of the delinquent co-owners (or to a co-owner's agent, lessee, or legal representative) an itemized statement of the costs and expenses.⁴⁸⁸

The co-owners of a ditch who clean and repair the ditch have a lien upon the interest in the ditch owned by the delinquent co-owner for his proportion of the cost and expenses.⁴⁸⁹ The claim and lien may be assigned in writing to any person, who thereafter has all the rights and remedies of the assignor.⁴⁹⁰

§ 12.9.2—Ditch Lien Statement

A person wishing to claim a lien on the ditch must file for record in the office of the clerk and recorder of the county wherein the ditch to be affected by the lien is situated, within 30 days after the completion of the work. The statement must be addressed to the owner of the interest upon which the lien is claimed, specifying the name of the ditch and the extent of the interest in the ditch upon which the lien is claimed, the date upon which the work was commenced and the date it was completed, the total amount expended on the ditch and the amount due from the delinquent co-owners. The statement must be signed and verified upon oath by the claimant.⁴⁹¹

§ 12.9.3—Duration of Ditch Lien

The lien does not hold the property longer than six months after filing the statement unless an action is commenced within that time to enforce the lien.⁴⁹²

§ 12.9.4—Enforcement of Ditch Lien

An action to enforce a ditch lien is commenced and prosecuted in accordance with the procedure in other civil actions. A party who establishes his claim is entitled to judgment against...