Silver Lake Ditch and Reservoir Company is an irrigation ditch diverting water from Boulder Creek upstream of the mouth Boulder Canyon and running north through Boulder to its terminus at Mesa Reservoir. The ditch may cross, be adjacent to, or be nearby property that you own.
The Company owns an easement for the operation and maintenance of the ditch dating back to its construction in 1888, comprised of a combination of both written easements and prescriptive easements, established by use. Colorado has protected ditch owners’ easements and rights of way since Colorado’s territorial days and enshrined those rights in the Colorado Constitution. See Colo. Const. at Article XVI, Section 7, and Colo. Rev. Statutes at 37-86-102-103. The Company’s easement is approximately 25 feet wide but can vary depending on what is necessary to accomplish the purposes of operating, maintaining, and repairing the ditch as conditions demand.
This easement allows the Company to run the shareholders’ water and includes the right to enter the easement to operate, maintain, and repair the ditch. The Company must have access on either side of the ditch so it can perform the necessary functions to continue to deliver irrigation water to its shareholders. If there are encroachments within the easement, the Company may request that they be removed. This includes fences. If there are fences, they must have a gate that is accessible by Company representatives.
Ditch Etiquette
The ditch is a valuable asset to the community, both for its irrigation purpose and for the ancillary environmental benefits. For example, it provides urban habitat for animals, fish, and birds. The dual use of the ditch as an environmental amenity and as an integral part of production agriculture provides a special challenge for ditch companies and urban dwellers.
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In some places, an active road or path along the ditch is used regularly by Company personnel to operate and maintain the ditch. In other places, residences, fences and other structures have been built close to the ditch. In either case, the Company has a right to access the ditch.
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Maintenance along the ditch often requires the use of heavy machinery, burning, and the removal of trash, trees, and shrubs from the ditch and its easement. While trees are the landowner’s responsibility, the Company has the right to cut them as needed if they are interfering with the ditch. If a tree, or part of a tree, falls and damages the ditch, or causes flooding, then the landowner is liable for that damage. The Company’s rights also allow it to pile up the debris, such as tree branches and leaf litter it cleans from its ditch and its easement within its easement. The Company is not responsible for disposing of those materials. Landowners can dispose of spoils piled in the easement as they see fit so long as disposal does not affect the ditch or easement. Our crews make every effort to be respectful of property in an effort to keep up good relations between the Company and the neighbors.
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Trash easily accumulates in the ditch necessitating regular cleaning by Company personnel. In addition, trash and debris impede the flow of water along the ditch and can contribute to flooding problems. Please do not throw trash, lawn clippings, tree trimmings, leaves, or hazardous/pollutants in the ditch. If you see someone dumping debris into the ditch, we would appreciate you contacting the Silver Lake Ditch board. Disposing of any material in the ditch or ditch easement is a trespass.
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Agreements – A written agreement with the Company must be obtained before a property owner may modify the ditch or encroach upon the ditch easement with buildings, fences, bridges across the ditch or other improvements, pipes underneath the ditch, or do anything else that would change the historic use. Plans/specifications must be submitted for approval, and written agreements are required. Crossing fees and attorney fee reimbursements will apply for any agreement. Any modification or crossing without an agreement is not authorized by law.
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The water belongs to the shareholders of the Company only. The Silver Lake Ditch and Reservoir Company water rights are property rights created and protected by the laws of the State of Colorado. The unauthorized taking of this water, such as pumping, is considered theft under Colorado law. See Colo. Rev. Statutes at 37-89-101. Both theft of water from the Company and damage to the Company’s ditch and structures is punishable by law as a criminal offense.
Safety Issues and Hazards
Safety along the ditch is of utmost concern to everyone. Particularly vulnerable are the very young who must be supervised at all times. Do not leave young children alone at any time along the ditch. Do not go in the ditch; it is potentially dangerous and life threatening. Ditch water runs cold, at times quite fast, and may pull a person under very quickly. Concrete structures, which alter the way water flows, can be a potential trap for any person who enters the water. Not only is it dangerous, it is also a trespass.