My question involves real estate located in the State of: Colorado, Mesa County
I recently found my front yard flooded. Our city and neighborhood is on a public irritation system for lawn irrigation (city water for indoor use is another beast). I contacted the local irrigation org., which came out and shut the water off. Their legal responsiblity ends at the canal and headgate. Lateral pipelines are the responsiblity of the landowners in the neighborhood. Pipelines were laid generally by landowners, 30 years ago, to access canal water. As far as I know, all has happened by neighborhood handshakes thus far, no formal agreements or contracts. There is no HOA in place.
Since the pipe ran through my property, the irrigation org. was not required to pay for maintenance. Upon their advice I hired a recommended independent contractor company to come in with equipment, dig two large holes in the yard, and fix the pipeline. In the course of fixing it, it was discovered that my own irrigation water is not provided by this pipeline. I do not use it AT ALL. I am on a lateral that runs behind the other side of my property. So I am not taking a drop of water from this pipeline and never have. It simply crosses my property, and has for 30+ years.
The contractors, upon advice of the irrigation org, installed a shut-off valve on my property. After they fixed the pipe, the water was shut off. The idea was that, since no one knew which houses in the neighborhood were actually using the water from the line, we would wait to see who complained. I am able to turn the valve back on (although I am required to obtain a "key" and not sure how or where yet). They suggested to me that rather than pay the considerable repair bill (running into a few thousand) I insist upon some contributions before turning on the water.
1) Again, this is not household water, it's irrigation water for lawns. No one's health is affected.
2) I am paying the bill to repair a pipeline that does not benefit me in any way, in terms of water resource.
3) I am not sure whether my deed mentions an easement/pipeline; I suspect it does not, if memory serves. I haven't a copy - I would have to call county.
4) The pipe broke because of age. I did nothing to cause it, according to all maintenance people involved. It was more than 30 years old.
Am I on sound legal ground here? How long can I deny water to people, if they won't help with the large maintenance bill?
Thanks to any who reply.
I recently found my front yard flooded. Our city and neighborhood is on a public irritation system for lawn irrigation (city water for indoor use is another beast). I contacted the local irrigation org., which came out and shut the water off. Their legal responsiblity ends at the canal and headgate. Lateral pipelines are the responsiblity of the landowners in the neighborhood. Pipelines were laid generally by landowners, 30 years ago, to access canal water. As far as I know, all has happened by neighborhood handshakes thus far, no formal agreements or contracts. There is no HOA in place.
Since the pipe ran through my property, the irrigation org. was not required to pay for maintenance. Upon their advice I hired a recommended independent contractor company to come in with equipment, dig two large holes in the yard, and fix the pipeline. In the course of fixing it, it was discovered that my own irrigation water is not provided by this pipeline. I do not use it AT ALL. I am on a lateral that runs behind the other side of my property. So I am not taking a drop of water from this pipeline and never have. It simply crosses my property, and has for 30+ years.
The contractors, upon advice of the irrigation org, installed a shut-off valve on my property. After they fixed the pipe, the water was shut off. The idea was that, since no one knew which houses in the neighborhood were actually using the water from the line, we would wait to see who complained. I am able to turn the valve back on (although I am required to obtain a "key" and not sure how or where yet). They suggested to me that rather than pay the considerable repair bill (running into a few thousand) I insist upon some contributions before turning on the water.
1) Again, this is not household water, it's irrigation water for lawns. No one's health is affected.
2) I am paying the bill to repair a pipeline that does not benefit me in any way, in terms of water resource.
3) I am not sure whether my deed mentions an easement/pipeline; I suspect it does not, if memory serves. I haven't a copy - I would have to call county.
4) The pipe broke because of age. I did nothing to cause it, according to all maintenance people involved. It was more than 30 years old.
Am I on sound legal ground here? How long can I deny water to people, if they won't help with the large maintenance bill?
Thanks to any who reply.
Maintenance and Repair: Irrigation Pipe Easement Repair
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