Eagle River Water & Sanitation District

• Water & Sewer Service Regulations
• Developer Approval Process
  • Overview
  • Inclusion
  • Water Rights Dedication
  • Infrastructure Acceptance
  • Ability to Serve Letters
  • Treated Water Storage Dedication
  • Easements
  • Encroachment Agreements
  • Forms

Encroachment Agreements

Any encroachment of structures, utilities, mechanical systems or earthen fill into an Eagle River Water & Sanitation District (District) or Upper Eagle Regional Water Authority (Authority) easement requires approval by the District Construction Review Team and an encroachment agreement recorded against the property.  Encroachments include, but are not limited to:

1) Roof over-hangs
2) Snow melting systems
3) Berms or grading that bury facilities deeper than 9 feet
4) Footers
5) Planters
6) Water features
7) Fire pits

The Encroachment Agreement process consists of the following steps:

1) Complete the Application for Encroachment Agreement form.
2) Submit this checklist to the District (846 Forest Road, Vail, CO 81657, Attn: Customer Service) for  review and consideration.
3) The Application for Encroachment Agreement and exhibit will be reviewed and, if approved, an Encroachment Agreement will be prepared.
4) The property owner will be contacted by the District or Authority and asked to come to the Vail office to sign copies of the Encroachment Agreement, which will then be signed by the General Manager for the District or Authority and notarized.  The District will record the Encroachment Agreement against the property at the Eagle County Clerk and Recorder's office.
5) A copy of the signed Encroachment Agreement will be provided to the property owner upon payment of all charges due.

Please note that completion of this process may take several weeks.

Encroachments made into District easements without an agreement are considered system tampering and will be dealt with in accordance with the District Rules and Regulations.

Encroachment Agreements must be executed and recorded against the property prior to installation of the encroaching element.  For more information, please contact Customer Service at customerservice[AT]erwsd[DOT]org.