7776

• UCREFRP Catalog Number: 7776
• Author: Paddock, W. A. and W. C. Weiss.
• Title: A Primer on Colorado Water Law.
• USFW Year: 1986.
• USFW - Doc Type: \
• Copyright Material: NO

from a stream 74/ because the exclusive means for making a claim
to waters of a stream is by appropriation. Thus, as a practical
matter, adverse possession is of little value in acquiring water
rights.
C. Forfeiture
See conditional water rights, supra, at p. 11.
7. Ditch companies
There are three basic types of ditches: unincorporated ditches
in which water users are cotenants; carrier ditches; and mutual
ditch companies.
a. Unincorporated ditches
In an unincorporated ditch, the water users transporting water in
the ditch are cotenants.75/ The cotenants are not protected
against any injury which-may result from one cotenant ceasing to
carry water in that ditch.76/
b. Carrier ditches
A carrier ditch company is a for-profit organization 77/, which
sells water to users on a contract basis.78/ Legal title to the
ditch is held by the company.79/ However, the company is not the
appropriator of the water 80/ but, rather, sells it to consumers.
As such, it is the intermediate agency aiding consumers in the
exercise of their right to appropriate.81/
The ditch company is a quasi-public entity.82/ Its rates are
subject to regulation by the county commissioners.83/ The ditch
company is obligated to deliver water upon written demand and
tender of payment.84/ The user may lose his right to water from
the ditch if he ceases using it.85/
c. Mutual ditch companies 86/
Mutual ditch companies in Colorado are quasi-public carriers.
They are non-profit corporations existing primarily for the bene-
fit of their shareholders. They are engaged in the business of
storing and/or transporting water to shareholders who own the
right to use the water. Delivery of water to consumers is condi-
tioned on payment of annual assessments levied by the company to
meet operating expenses.
The relationship between the mutual ditch corporation and its
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