Amy Brimah, Colorado
Bar Association (CBA) Real Estates Section, stated that under current
Colorado law, a court order is required for relocations in the absence
of an agreement of the property owners, the same as in the Act. The Colorado
Supreme Court adopted the Third Restatement rule in the ditch relocation
case, Roaring Fork Club LP v. St. Jude Company, 36 P.3rd 1229 (Colo.
2001). Relocation under Roaring Fork without a court order is considered
trespass, with subsequent penalties. The uniform act contains no penalty
for relocation without an order. The Act may provide some incremental improvement
to Colorado law but it does not improve the situations under Roaring
Fork. The section does not have a formal position, but does have concerns
with moving the Act forward. The commission asked whether adding Colorado-specific
provisions regarding the consequences of relocating without a court order
or providing for other damages would address the section's concerns. Ms.
Brimah answered that she anticipated that the water law section would not
be in favor of passing the Act.