Our Historic Ditch is Buried Under Mansions – Will Our Grandkids Pay the Price?

Greg Koss
May 1
3 min read

Dear Neighbors and Friends of Golden,

My 1860s irrigation ditch, tied to the Lee Stewart and Eskins Ditch (LSE), is more than a pipe—it’s a piece of Golden’s history, watering my property and others for over a century. But since 2019, the Cottages at Rolling Hills HOA and its developer, Midwest Development Pros LLC, buried my ditch in a pipeline without my consent, installed it incorrectly, and allowed trees, fences, a 6-foot concrete wall, and an Xcel Energy equipment including a transformer to encroach on it in the backyards of three lots in the development. Jefferson County approved this, ignored my protests, and calls it a “private matter.” My biggest fear? That these $2-3M mansions, built on tiny lots, will block access to my ditch forever, leaving my grandchildren with an expensive legal mess to fix or replace.

Earlier this year I found a critical document while reviewing permits for a home in the HOA: the Bailey Official Development Plan (Case #16-101909 RZ) from 2016, submitted to Jefferson County Planning and Zoning. It states clearly:

“No fences, retaining walls, structures, landscaping or other permanent private improvements are permitted to be built within the ditch easements or tracts...”

This rule was meant to protect irrigation ditches like ours, ensuring unobstructed access for maintenance, repairs, or replacement decades from now. Yet, the County approved plans that buried my ditch under utilities, fences, trees, and a concrete wall in the backyards of the three lots, violating my prescriptive easement and their regulations. These encroachments make it nearly impossible to access the ditch today—imagine trying to dig up a pipeline for repairs when these homes’ backyards are locked behind 6-foot fences, walls and buried under mature trees and electrical equipment. If the pipeline fails in 50 or 100 years, my grandchildren will likely face a legal nightmare to enforce their rights, costing hundreds of thousands in court.

The Bailey Plan was included in the permit to justify reduced setbacks for the HOA’s oversized homes, a move I’ve heard many of you grumble about in casual chats. These mansions, squeezed onto small lots, don’t blend with Applewood’s character, and their tight layouts make ditch access even harder. Reducing R-1 zoning setbacks (20 ft. front, 5 ft. side, 5 ft. rear, per Jefferson County’s Zoning Resolution) requires variances and strong justification, but the County prioritized the developer’s profits over protecting our ditch, despite clear rules in the same document.

This fight is for our community’s future. The County’s failure to enforce its own rules threatens the historic water rights that define our Applewood neighborhood. Earlier this year the County issued a violation for unpermitted changes a contractor made to the retaining wall supporting Juniper Ct. built to service the homes in the HOA along the Rocky Mountain Ditch, owned by Molson Coors. Many weeks have now passed and as far as I know, no repairs have been made, showing the County’s pattern of letting violations slide. If they won’t protect ditches now, what happens when our kids or grandkids need to maintain them?

The Evidence Proves It:

The Bailey Plan (2016) bans encroachments on ditch easements, but the County allowed them on our ditch.
Our 2024 survey shows the pipeline is 6 inches too high, flows uphill, and is buried under utilities, walls, fences, and trees in three lots, blocking future access.
The HOA’s covenants require annual ditch maintenance and repairs at their expense, but they ignored this until March 2025 after I developed fixourditch.org and engaged with an attorney to push for action.
In 2024, the Colorado Underground Damage Prevention Safety Commission fined the developer for failing to make our pipeline locatable, and admitted to installing it incorrectly.

What You Can Do:

Sign Our Petition: Join over 100 neighbors at www.fixourditch.org to demand the County enforce ditch protections and clear encroachments for long-term access.
Share This Post: Spread the word on social media and with friends. More voices mean more pressure for change.
Stay Informed: Visit www.fixourditch.org for photos, videos, and updates on how we’re fighting for our ditch’s future.

We're not asking for money—just your support. My family and I have poured thousands of hours and dollars into protecting this ditch, not just for us but to take a stand for justice and the little guy. I want my grandchildren to inherit a ditch they can use without fighting wealthy homeowners or a negligent County. If the County can ignore clear rules to protect ditches, what else will they overlook in our neighborhood?

Let’s ensure our historic ditches remain accessible for generations, not buried under mansions. Visit www.fixourditch.org to see the evidence and join the fight to protect Applewood’s heritage.

Sincerely,

Greg

Proud Applewood Resident