What Should I Know About Irrigation Water When Buying in Montrose?

In dry western Colorado, how a property gets irrigation water can matter as much as the house. I did not research local irrigation companies, fees or rules for this post, so this is general guidance. Confirm every detail with the water provider, the title company and an attorney who handles water law. This is not legal advice.

What is a ditch share?

In many parts of Colorado, irrigation water is delivered through ditch companies, and owners hold shares that entitle them to a portion of the water. A property may include shares, lease them or have none. Shares are real property rights, so the contract should say exactly what is included.

What should I ask the seller?

• Does the property include irrigation water? From which company or ditch?
• Are shares included, and are they transferred at closing?
• What are the annual assessments or fees?
• When does the water run, and how reliable has it been?
• Is there a headgate, pipe or pump, and who maintains it?
• Are there written agreements or easements for the ditch?

Is irrigation water the same as drinking water?

No. Domestic water comes from a city tap, a rural water system or a well. Irrigation water is usually for lawns, pastures and gardens. Ask which sources serve the property.

Why does it matter for a house in town?

Some city lots have access to irrigation water for yards, which can reduce watering costs. Ask the seller and the city or provider what applies to the address.

Who can help?

• The ditch company or water provider for current fees and rules
• The title company for what is recorded
• A water attorney for rights questions
• The Colorado Division of Water Resources for well and water-right records

What is the bottom line?

Ask what water comes with the property, in writing, before you make an offer. A local agent can point you to the right professionals.

What is a ditch share?

An ownership interest in a ditch company that entitles the holder to a portion of its water.

Does my Montrose home come with irrigation water?

It depends on the property. Ask the seller and verify with the provider.

Are water rights included in a sale?

Only if the contract says so. Be specific.

Who regulates wells?

The Colorado Division of Water Resources.

Connect with a great real estate agent in Montrose, Kelsey Loftis with Crystal Peak Properties. Phone: (970) 784-6768 · Email: kelseyloftis@gmail.com · Website: crystalpeakproperties.com

General information only. No local irrigation fees, companies or rules were researched. Not legal advice.