Larimer & Weld Irrigation Ditch fence

[Lesli Ellis]

Good morning Teresa - 

Your email to Commissioner Kefalas expressing concern and questions about the new Larimer & Weld canal fence has been forwarded to me to investigate and respond.  Currently, staff within various county departments are looking at the situation, and tomorrow we should have more information for you and the community members who have reached out about this matter.  In the meantime, if you have further questions or information, please don't hesitate to contact me.

Kind regards,

Lesli 

	Lesli K. Ellis, AICP CEP Director
	Community Planning, Infrastructure, and Resources  200 W Oak St, Fort Collins, CO 80521  Phone:  (970) 498-5741 ellislk@co.larimer.co.us | www.larimer.gov

[Lesli Ellis]

Hi again Teresa (and other neighbors of the Larimer & Weld Canal/Eaton Ditch) - I want to share this information with you, and we aim to share it with others who have been in contact with us. Please feel free to pass along. 

Thank you for contacting Larimer County and Commissioner Kefalas about your concerns about the fence that's being constructed.  We have received quite a few notes and phone calls and aim to be as helpful as possible.  I am responding on behalf of the County to give you an update on our work and conversations at this point in time.  A team of engineers, planners, attorneys, and code compliance staff have looked into the matter and find:  

• The County does not have authority to approve/deny, permit or stop a fence of this type either on private properties or the ditch easement.
• County staff have tried to reach Kimberly Nelson at Larimer and Weld Irrigation Company and have not yet had an opportunity to discuss their reasons or plans and determine if there is an opportunity to facilitate a meeting or work collaboratively.  
• The City of Fort Collins also is attempting to engage with the irrigation company.  
• The County is doing more research to understand the type of easement here.  If the ditch passes through a prescriptive easement, the property owners or HOA may consider working with legal representation to understand if LWIC should be getting permission from owners to build a fence.  

We will keep the interested parties informed if or as we get more information about this matter.  Please reach out to me if you have questions.

Kind regards,

Lesli 

	Lesli K. Ellis, AICP CEP Director
	Community Planning, Infrastructure, and Resources  200 W Oak St, Fort Collins, CO 80521  Phone:  (970) 498-5741 ellislk@co.larimer.co.us | www.larimer.gov

[Teresa Roche]

Lesli,

Thank you for taking time out of what was most likely a busy week to do all this with your colleagues.

 

I appreciate the follow-up.

 

I was also grateful for the earlier response from John.

 

I must imagine that LWIC has reasons that matter to them, and these situations are challenging.

 

I hope for a collaborative resolution too.

 

Always,

Teresa

[Teresa Roche]

John, thank you for your continual updates. It helps so very much.

 

I hope you are having a good weekend,

Teresa

 

From: John Kefalas <kefa...@co.larimer.co.us>
Sent: Friday, August 11, 2023 8:12 PM
To: Teresa Roche <teres...@comcast.net>
Cc: ell...@larimer.org
Subject: Re: Larimer & Weld Irrigation Ditch fence

 

Hi Teresa,

 

Here is additional information from the City in case you've not seen this.

 

On behalf of City of Fort Collins Mayor, Council and City Manager Kelly DiMartino, thank you for reaching out with your concerns about fencing along the Larimer and Weld Ditch Road.

 

Earlier this year, representatives of the ditch company indicated their intention to City staff to fence out the ditch road, citing concerns about a growing problem with encampments along the ditch road, along with concerns about additional trespass on the ditch road and public interaction with the ditch. City staff responded to these plans, conveying how much the community enjoys and relies on recreational access to the ditch within the City-owned natural area. In late June 2023, representatives from the Larimer and Weld Irrigation Company notified the Water Resources Division of the City Utility of their intent to begin constructing this fence.

 

For properties within City limits alongside the ditch, we have since determined that a building permit is required for construction of the fence since it is over 6 feet. Since a permit has not been applied for by the Larimer and Weld Irrigation Company, we posted a stop work order yesterday morning (August 10) on posts that were set for the fence installation just west of Lindenmeier Road which is within City limits. Additional permits may also be required for work to continue. 

Please note, the stop work order only applies to the installation of any fence along Larimer and Weld Canal, over 6’ in height, that is located within city limits. This includes but is not limited to Redwing Marsh Natural Area. The City has notified the County, shared the City’s concerns and planned actions. In addition, ditch companies are private entities that are not under the regulation of the city, county, or state. If you have additional questions about this project, you may want to reach out directly to the Larimer and Weld Irrigation Company at (970) 454-3377.

We appreciate you bringing this matter to our attention. 

On behalf of the City, I wanted to share a follow up to your previous inquiry concerning the fencing along the Larimer and Weld Ditch Road.

 

For properties within City limits alongside the ditch, we have since determined that a building permit is required for construction of the fence since it is over 6 feet. Since a permit has not been applied for by the Larimer and Weld Irrigation Company, we posted a stop work order yesterday morning (August 10) on posts that were set for the fence installation just west of Lindenmeier Road which is within City limits. Additional permits may also be required for work to continue.  

 

Please note, the stop work order only applies to the installation of any fence along Larimer and Weld Canal, over 6’ in height, that is located within city limits. This includes but is not limited to Redwing Marsh Natural Area. The City has notified the County, shared the City’s concerns and planned actions. In addition, ditch companies are private entities that are not under the regulation of the city, county, or state.

 

	John Kefalas County Commissioner, District 1
	Commissioners' Office 200 W Oak St | 2nd Floor PO Box 1190, Fort Collins, CO 80522-1190 W: (970) 498-7001 Cell:  (720) 254-7598 jkef...@larimer.org | www.larimer.org