Such right-of-way shall extend only to a ditch, dike,
cutting, pipeline, or other structure sufficient for the purpose required. Unless inconsistent with
the terms upon which the right-of-way was created, and not to be construed as a limit on any
other rights in a ditch or ditch right-of-way that have been created or arisen by law, a ditch right-
of-way includes the right to construct, 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 enter onto the burdened property for such purposes, with access to the ditch and
ditch banks, as the exigencies then existing may require, for all reasonable and necessary
purposes related to the ditch.
Source: R.S. p. 363, § 3. G.L. § 1374. G.S. § 1713. R.S. 08: § 3168. C.L. § 1624. CSA:
C. 90, § 7. CRS 53: § 147-3-2. C.R.S. 1963: § 148-3-2. L. 69: p. 1219, § 5. L. 2019: Entire
section amended, (HB 19-1082), ch. 54, p. 190, § 1, effective August 2.
Notes of Decisions
Baker v. Safadi-Chamberlain, 2025 COA 63 (Colo. Ct. App. 2025).
· cites it 35× “Safadi-Chamberlain — Water and Irrigation — Rights-of-Way and Ditches — Extent of Right-of- Way In this dispute over an irrigation ditch, a division of the court of appeals considers whether section 37-86-103, C.R.S. 2024, gives the beneficiary of a ditch right-of-way the…”
12 CAW Equities v. City of Greenwood Vill., 2018 COA 42 (Colo. Ct. App. 2018).
· cites it 3× “¶ 16 More recently, our supreme court explained that “[t]he extent of the right-of-way is defined by section 37-86-103, C.R.S. 1973, and the right of condemnation to acquire the right-of-way is granted by section 37-86-104, C.”
Farmers Reservoir & Irrigation Co. v. Sun Prod. Co., 721 P.2d 1198 (Colo. Ct. App. 1986).
· cites it 2× “1908, § 3168, now § 37-86-103, C.R.S. This would support an inference that a right-of-way was all that was intended by the parties to pass by the deed.”
Dauwe v. Fruitland (Colo. Ct. App. 2026).
· cites it 9× “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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