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Planners weigh code change to require consent or court decree before altering ditches and drainage
Summary
Staff presented a proposed text amendment to clarify applicants must secure written consent or a court decree before relocating irrigation ditches or altering drainage infrastructure, citing long‑standing Colorado case law and the Saint Jude's decision.
City planning staff told the Planning Commission a code amendment will put applicants on explicit notice that state law governs alterations to ditches and related irrigation or drainage infrastructure and that applicants must either secure written consent from affected parties or obtain a court decree.
"The intent with this code revision is to put people on notice that this is state law, that they need to first abide by," Speaker 3 said, explaining the draft requires documentation of written consent between burdened and…
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