Colo. Rev. Stat. » Title 37
Colorado Revised Statutes

Colo. Rev. Stat. § 37-86-102 (2026)

Right-of-way through other lands

✓ current as of July 2026
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Any person owning a water right or conditional water right shall be entitled to a right-of-way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for beneficial use in accordance with said water right or conditional water right.

Source: R.S. p. 363, § 2. G.L. § 1373. G.S. § 1712. R.S. 08: § 3167. C.L. § 1623. CSA: C. 90, § 6. CRS 53: § 147-3-1. C.R.S. 1963: § 148-3-1. L. 69: p. 1219, § 4.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1979–2026 · leading case: Tonko v. Mallow, 154 P.3d 397 (Colo. 2007).
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Tonko v. Mallow, 154 P.3d 397 (Colo. 2007). · cites it 3× “As stated in section 37-86-102, C.R.S. (2006), "Any person owning a water right or conditional water right shall be entitled to a right-of-way through the lands which lie between the point of diversion and point of use.”
Bd. of Cnty. Commissioners v. Park Cnty. Sportsmen's Ranch, LLP, 45 P.3d 693 (Colo. 2002). “II, §§ 14 & 15; § 37-86-102, 10 C.R.S. (2001). But, this requirement does not extend to vesting in landowners the right to prevent access to the water source or require compensation for the water use right holder's employment of the natural water bearing surface and subsurface…”
Hallauer v. Spectrum Props., Inc., 143 Wash. 2d 126 (Wash. 2001). “Colo. Rev. Stat. § 37-86-102 provides that “[a]ny person owning a water right or conditional water right shall be entitled to a right-of-way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for…”
In Re N. Integrated Supply Proj. Water Activity Enter., a Gov't-owned Bus. organized pursuant to C. (Colo. 2026). · cites it 8× “¶4 In its petition in condemnation, NISP Enterprise identified multiple legal sources for its authority to bring and maintain an eminent domain action, namely, article XVI, section 7 of the Colorado Constitution; section 37-86-102, C.R.S. (2025), and section 37-86-104(1), C.”
Gibbs v. Wolf Land Co., 856 P.2d 798 (Colo. 1993). · cites it 5× “Because Gibbs may be able to rely on either the previously granted easement or the right of private condemnation pursuant to sections 37-86-102, - 104, 15 C.R.S. (1990), the water court determined that she satisfied her burden of establishing by a preponderance of the evidence…”
In Re Vought, 76 P.3d 906 (Colo. 2003). “§ 37-86-102, 10 C.R.S. (2002); see Bd. of County Comm'rs v.”
Matter of Gibbs, 856 P.2d 798 (Colo. 1993). · cites it 5× “Because Gibbs may be able to rely on either the previously granted easement or the right of private condemnation pursuant to sections 37-86-102, -104, 15 C.R.S. (1990), the water court determined that she satisfied her burden of establishing by a preponderance of the evidence…”
Hitti v. Montezuma Valley Irrigation Co., 599 P.2d 918 (Colo. Ct. App. 1979). · cites it 2× “MVI contends that the trial court's limitation of its right to spill water up to the amount which would have flowed from natural causes, assuming MVI's ditch was not in existence, improperly restricted its right-of-way.”
Concerning the Application for Water Rights of Tidd: Frees v. Tidd, 2015 CO 39 (Colo. 2015). · cites it 6× “Section 37-86-102, C.R.S. (2014), likewise authorizes the use of ditch right-of-ways: Any person owning a water right or conditional water right shall be entitled to a right-of-way through the lands which lie between the point of diversion and point of use or proposed use for…”
Vought v. Stucker Mesa Dom. Pipeline Co., 76 P.3d 906 (Colo. 2003). “§ 37-86-102, 10 C.R.S. (2002); see Bd. of County Comm'rs v.”
Baker v. Safadi-Chamberlain, 2025 COA 63 (Colo. Ct. App. 2025). · cites it 2× “” § 37-86-102, C.R.S. 2024; see Colo. Const.”
Dauwe v. Fruitland (Colo. Ct. App. 2026). · cites it 2× “” § 37-86-102, C.R.S. 2025. The right-of-way includes the right to “operate, clean, maintain, repair, and replace the ditch and appurtenant structures, to improve the efficiency of the ditch, including by lining or piping the ditch, and to 35 enter onto the burdened property .”
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