6F84AC70A057B5FD87258911005BA019 Hearing Summary

Commissioner Mielke noted that many subdivision maps were drawn based on maps made a hundred or more years ago without the surveyor walking the property. As a result, roads and lots can be somewhat erratic and there is a need to have the easements updated. Commissioner Gardner recollected that in past discussions water law attorneys voiced strong opposition with relocating ditch easements. Commissioner Mielke suggested that the commission work with the CBA to amend the act to exclude water and power lines, or other Colorado-related concerns similar to what was done with the financing areas of the UCC regarding crops. Commissioner Levy added that Colorado has adopted the restatement approach to property law and that common law seems to be the preferred way to address easements.

Tyler Mounsey, Director of Legislative Relations with the CBA, testified that the CBA has reviewed the act and Mr. Mounsey is aware it has been opposed in the past but has not received that same direction yet and is doing more research on his end. He suggested that before making special concessions to the Water Law Section of the CBA there may be other avenues for water law to explore.