Applewood’s Ditch: A Community Call to Care
- Greg Koss
- Feb 28
- 3 min read
Updated: Mar 17
Nestled within our community lies an irrigation ditch with a rich history with water rights dating back to the 1860s. Fed by the Lee Stewart and Eskins Ditch, this waterway has long served as a critical resource for properties in the area. Yet, today, it stands as a point of concern—one that the Cottages at Rolling Hills HOA must address to protect the neighborhood’s well-being.
The HOA, established in 2020, operates under a set of covenants designed to safeguard shared infrastructure. Section I-5 explicitly mandates that Lots 1-3 and within the HOA ensure irrigation easements are “planted and maintained so that access for maintenance may be afforded.” This includes keeping pipelines clear and conducting annual inspections. However, the current state of the ditch suggests these responsibilities are being overlooked, creating risks that affect both HOA members and Applewood neighbors.
A Pipeline Under Pressure
Recent independent inspections—conducted by in December 2023 and in March 2024—paint a troubling picture. Debris within the pipeline, reducing water flow and leaving standing water in its wake, hinting at possible improper sloping. Trees, planted directly on the easement by a couple of property owners, pose a growing threat as their roots could infiltrate and damage the pipe. Adding to the complexity, Xcel Energy's 50,000-volt transformer sits atop the pipeline on lot 3, potentially hazardous for ditch operation or repairs.
These issues are more than minor nuisances. A failing pipeline could unleash flooding or erosion, with water damage potentially spreading beyond the immediately affected properties. The financial toll of such a failure—repairs, cleanup—would likely fall on the entire community, not just a select few.
Covenants Cast Aside
The HOA’s covenants are not optional guidelines; they are legal obligations. By permitting trees to encroach on the easement and allowing debris to accumulate, the HOA is failing to uphold its own rules. This neglect also restricts legal access to the ditch, a right ditch owners are entitled to under property law (see Colorado Revised Statute § 37-86-103) Such obstruction could spark legal disputes, with the HOA facing costly litigation that drains resources.
The transformer’s placement adds another layer of liability. Should an accident occur during maintenance attempts, the HOA could find itself embroiled in legal and financial consequences far exceeding the cost of proactive repairs.
Leadership’s Role in Question
When the HOA leadership allows a handful of properties to plant trees on the easement and blocks ditch owners from their rightful access, it sends a troubling message. This isn’t just about one pipeline—it’s about the integrity of the HOA’s governance. If the covenants can be ignored here, what’s next? Will common areas fall into disrepair? Will safety concerns be brushed aside? The precedent set today could shape the neighborhood’s future.
A Call for Collaboration
Fortunately, this is a problem with a solution. The HOA has the opportunity to act decisively: clear the debris, address the trees and other easement encroachments, and resolve the transformer issue. These steps align with the covenants and protect the community from escalating risks. Working collaboratively with all stakeholders—including those tied to the ditch—can ensure a fair and effective resolution.
Delaying action only invites greater costs, from years of legal battles to emergency repairs. By stepping up now, the HOA can demonstrate its commitment to the neighborhood’s long-term stability and avoid unnecessary burdens on residents.
Collective Duty
The Cottages at Rolling Hills is a community bound by shared values and mutual responsibility. The irrigation ditch is part of its collective infrastructure, and its maintenance reflects dedication to preserving this neighborhood. I urge the HOA to honor its covenants, not just to fix a pipeline, but to uphold the trust and pride we all share in the Applewood community.
Below is Section I-5 of the Cottages at Rolling Hills HOA covenants, detailing the HOA’s duties regarding the irrigation easement.
Xcel Energy transformer and utility equipment installed directly on top of our buried irrigation ditch within the Cottages at Rolling Hills subdivision across the street from The Club at Rolling Hills
Comments