Colorado § 37-86-106 - Shortest route must be taken.
Full text of Colorado Colorado Revised Statutes § 37-86-106 — Shortest route must be taken., with citation guidance and answers to common questions.
§ 37-86-106. Shortest route must be taken.
Whenever any persons find it necessary to convey water through the lands of others, they shall select for the line of such conveyance the shortest and most direct route practicable upon which said ditch can be constructed with uniform or nearly uniform grade.
Source: L. 1881: p. 164, § 2. G.S. § 1717. R.S. 08: § 3171. C.L. § 1627. CSA: C. 90, § 10. CRS 53: § 147-3-5. C.R.S. 1963: § 148-3-5. L. 69: p. 1220, § 8.
ANNOTATION
Law reviews. For article, "Revision of Water and Irrigation Statutes", see 31 Dicta 29 (1954). For note, "A Survey of Colorado Water Law", see 47 Den. L.J. 226 (1970).
A plaintiff is under an obligation to "select for the line of ditch through a defendant's property the shortest and most direct route practicable, upon which a ditch can be constructed with uniform or nearly uniform grade". Mott v. Coleman, 132 Colo. 306, 287 P.2d 655 (1955).
This section is no part of the eminent domain statute. Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167, 161 P. 301 (1916).
The provisions of this section are not jurisdictional in proceedings to condemn a ditch right-of-way. Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167, 161 P. 301 (1916).
The ditches under contemplation are such as only convey water to be used upon the land of the person constructing the ditch. Junction Creek & N. D. D. & I. Ditch Co. v. City of Durango, 21 Colo. 194, 40 P. 356 (1895).
The necessity contemplated in this section does not mean an absolute one, but only a reasonable necessity. United States v. O'Neill, 198 F. 677 (D. Colo. 1912).
The necessity intended is to convey water through the lands of another, not the necessity for taking a particular route. Sand Creek Lateral Irrigation Co. v. Davis, 17 Colo. 326, 29 P. 742 (1892); Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167, 161 P. 301 (1916).
If the way sought for an irrigating ditch is not the shortest and most direct route practicable, the respondent should present the question in limine. Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167, 161 P. 301 (1916).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 37-86-106
What does Colorado Revised Statutes § 37-86-106 cover?
Section 37-86-106 ("Shortest route must be taken.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 37-86-106?
A common citation format is "Colorado Revised Statutes § 37-86-106" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 37-86-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.