top of page
Search

Ditch "Right-of-Way" law

Martin Bouliane
Apr 20, 2022
1 min read

37-86-103. Extent of right-of-way. 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.

 
 
 

Recent Posts

See All
Water level below normal

As of today 8/10, The Dallas Creek does not have sufficient water to fulfil our normal water flow. The current level is about 25%-50% below what we are entitled. We will try to keep the distribution

 
 
 
Beaver building dams in the ditch

Just FYI. Since last week, we have had an active beaver trying to dam our ditch along CR5. 4 dams have been dismantled so far.

 
 
 
5/11 Water Restriction

The weir at Dallas creek has been adjusted by the water commissioner at 0.6 on the flume and should not be altered.

 
 
 

Comments


The information available on this website is intended for Wood-Perry DItch Company Shareholders Exclusively.

bottom of page