PUB00056

• Year: 2001
• Title: Conference Proceedings: 26th Annual Gunnison Water Workshop
• CWCB Section: Administration
• Description: Theme of the conference was Who's in Charge?
• Publications - Doc Type: Other

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Jut 13, 200~ :2: 13PM

lEAV[NWO~TH & KARP

NO, 992

P 9

3,

Location of a ditch on one's property does not, in and of itself, entitle the
property owner to use the water from the ditch.
· The owner of the servient tenement has no right to change the ditch
location or otherwise interfere with the ditch owner's vested water right
without the ditch owner's consent.

4.

If a property owner refuses to grant a right-of-way for a ditch across his/her
property, Colorado law provides for a private right of condemnation for the
right-of-way,
· However, no one parcel of land may be burdened with more than one
ditch or other water conveyancing structure withOUT the prior written
consent of the property owner.

5,

The owner of a privaTe ditch that cuts through another's property may not
prevent a different water user from using and/or enlarging the existing ditch,
· The later user may be required to pay a reasonable proportion of ditch
construction costs.

D.

Reservoirs

L Storage of water for laTer application to beneficial use is a right of
appropriation in Colorado.

2. Acquisition of property necessary for a reservoir may be accomplished through
eminent domain.

3, CoDStruction ofa non-jurisdictiOnal dam does not require the approval of the
State Engineer.
· To qualify as a non-jurisdictional dam, the reservoir must be limited to
the capacity to hold equal to or less than 100 acre-feet of water, a
surface area equal to Or less than 20 acres, and a dam height of 10 feet
or less.

4. Reservoirs which exceed the limits of non-jurisdictional dams must have plam
and specifications filed with and approved by the State Engineer prior to
construction,

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