Navigating Ditch Easement Agreements: Key Takeaways from a Lyons Gaddis Presentation

Earlier this year Lyons Gaddis attorney Jeff Kahn was invited to speak to the Boulder County Bar Association’s Real Estate and Natural Resource Sections on “Developers and Ditch Companies—Agreements to Cross, Relocate or Otherwise Affect Irrigation Ditch Easements.”

This was a particularly compelling topic given that, as Jeff points out, “Colorado’s water and land resources are deeply intertwined. When developers and ditch companies work together early and thoughtfully, they can find solutions that serve both growth and the preservation of our state’s vital water systems.”

Drawing from his extensive experience in Colorado water and real estate law, Jeff outlined practical and legal considerations for working with ditch companies and managing easement crossings.

Key Takeaways:

• Balance is essential: Agreements should protect both development needs and the continued operation of ditch systems.
• Clarity prevents conflict: Detailed, precise terms can help avoid disputes and ensure long-term functionality.
• Early coordination pays off: Early identification of potential issues by developers, utility providers ditch companies, and legal counsel leads to smoother outcomes.
• Every project is unique: Tailored agreements best address site-specific challenges while preserving water delivery requirements.

For developers, utility providers including municipalities, landowners and irrigation companies, these agreements are not just legal formalities; they are essential tools for ensuring that development, agriculture, and water management can coexist sustainably in Colorado’s fast-growing communities.

Navigating those intersections requires both legal insight and a deep understanding of Colorado’s water heritage, something Lyons Gaddis brings to every conversation.

Lyons Gaddis attorneys are trusted across Colorado to help shape conversations around the state’s most pressing water and real estate challenges. With decades of experience, the firm continues to serve as a respected resource for balancing development, land use, and the preservation of Colorado’s irrigation infrastructure.