There are easements within the Newlands Project and the Truckee-Carson Irrigation District which were obtained for purposes of delivering water to water users through the canals and lateral irrigation ditches. The easements were also obtained for drainage of Project lands. Those easements for the most part can readily be identified because one can physically see the canal or drain. What cannot be identified so easily is the width of the easement that is needed for the purpose of access and operation and maintenance of the canal or drain. Therefore, if any work is to be done within this easement area, you should check with the District’s engineering office to see if you will be working within the District’s easement zone.

With regard to those easements, the property owner cannot interfere with the District’s use of the easement for its intended purpose. Construction or work within the easement zone can and often does interfere with the District’s operation and maintenance of the canals and drains. There are examples throughout the Project of instances where property owners have blocked the District from access or prevented the District from properly maintaining the easement by doing work or construction; placing materials; putting in crossing; or putting in fences and other objects on the easements. It is not uncommon however for property owners to want to make changes or improvements on their property and without the thought that what done or to be done will interfere with anyone at all. Sometimes it is just done without knowledge of the easement or the extent of the easement.

The District has developed a policy to address the construction and placing of obstruction within the easement zone. That policy requires the licensing or permitting of fences, gates, structures, piping, crossings and other matters which might interfere with the operation and maintenance of the canals and drains.

First you should contact the District to find out if the District has an easement in the area of your proposed work. At that time you can find out the width of easement, if there is one, and you can begin the permitting or licensing process, if necessary. Sometimes this process can take a month or longer; therefore, it is best to contact the District’s office as soon as you can early on in the development of your project.

If you construct within or interfere with the District’s operation and maintenance without the proper license or permit, you will be asked to remove the interference and you may be subject to penalties.  If you fail to do that upon request by the District, the District will remove the obstruction at your expense.

It is better to proceed by asking what is required rather than going to the expense of completing your project only to find out you now have to remove what you may have paid to have installed.

I recognize there is concern about government agencies involving themselves into matters that seem to be within the property owner’s right but the reason for this slight interference of requiring first the permit or license, is to ensure what is done does not end up increasing the cost to all others who pay for operation and maintenance of the system. Or that the proposal does not interfere with the ability of the District to get water onto and off of the water user’s property.

With the cooperation of everyone who may have an easement on their property, the operation and maintenance of the canals and drains can be improved. If you plan a project near or upon an easement for canals or drains, remember to check with the District’s engineering office first by calling 775/423-2141 or 775/575-2211.