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Rights of Ditch Easement Holders in Colorado. Colorado Law provides any water right holder with an easement for a right-of- way through lands lying between the point of diversion and the place of use, upon condemnation and payment of just compensation. COLO. CONST. ART.
Colorado Revised Statute section 102, states: ?[r]ight-of-way? means the right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless ...
1 Formally defined, ?an easement is a right conferred by grant, prescription or necessity authorizing one to do or maintain something on the land of another, 'which, although a benefit to the land of the former, may be a burden on the land of the latter.'?
What is a right-of-way used for? Rights-of-way (ROWs) are used to accommodate encumbrances on trust land that are directly allowed under the terms of a contract. ROWs are most typically used for telephone and electrical lines, utility transmission corridors, oil and gas pipelines, and ditches.
In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.