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STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
GUIDE TO COLORADO WELL PERMITS,
WATER RIGHTS, AND WATER ADMINISTRATION
January 2008
Also known as the State Engineer's Office, the
Contents Colorado Division of Water Resources issues water well
permits, administers water rights, monitors stream flow and
What Type of Well Permit 2 water use, inspects dams for safety, maintains databases of
Can I Get? Colorado water information, and represents Colorado in
interstate water compact proceedings. The Division of
Obtain a Well Permit 5 Water Resources strives to be a leader in the water commu-
Within a Designated Basin
nity of Colorado and the western United States. This is
Are Your Well Permits Still accomplished by focusing on the following areas: people,
8
Valid? water and stewardship. People, because we recognize that
the business of water involves our employees and the
Residential Wells and 8 public. Water, because the administration, safety and use of
Subdivisions Colorado’s water resources is something to which we are
Purchasing Property With committed and about which we care deeply. Stewardship,
9
a Well or Water Rights because we understand and accept our obligation to the
taxpayers and ourselves, in using and protecting the Lake Hope in the San
Well is Within 600 Feet of 11 resources in the most effective manner possible. Miguel River Basin
an Existing Well
What is an Augmentation 12
Plan?
What Can I Do With That
What does the Division of Water Resources do?
13
Spring on My Property? For over 125 years, Colorado Obviously, the State Engi- ing water use and/or diversion
has used a system of water neer does not carry out the data, and enforcing the
Can I Build a Fishpond? 14 allocation known as the prior day-to-day administration decrees and water laws of the
appropriation doctrine. of all of these water rights. State of Colorado.
Water Rights in Colorado 15 Under this doctrine, the first Most of that work is
appropriator of water has a accomplished through the While water administration
senior right to that water, and field offices, known as and enforcement is a major
How Do I Obtain a Water 15 that right must be satisfied the Division Engineer’s duty of the State Engineer, a
Right?
before any subsequent rights Offices. The seven division host of other duties are under
Glossary of Terms 16
junior to that right can offices are located through- his responsibility. Ground
receive water. The Division out the state in each major water well permitting is one
of Water Resources is river basin. The division of those duties.
Contact Information 19 empowered to administer all offices, in turn, employ
surface and ground water water commissioners who By law, every new well in the
rights throughout the state are actually out in the field state that diverts ground water
and ensure that this doctrine allocating water, issuing must have a well permit. In
is enforced. shut-down orders, collect- order to obtain a permit, a
Dick Wolfe, Director , State Engineer
Harris D. Sherman, Executive Director, DNR
Bill Ritter Jr., Governor
Page 2
What does the Division of Water Resources do? (cont.)
person must file an application for records streamflows on a real-time submitted to the Commission for
approval of a permit with the State basis is also maintained by this office, approval. Further, the State Engineer
Engineer. Over 10,000 applications are and has become crucial in the state's provides staff assistance for the Board
submitted for review annually, and the flood monitoring efforts. Additionally, of Examiners of Water Well Construc-
staff determines the amount of water the staff acts in an advisory capacity to tion and Pump Installation Contractors.
available and analyzes the potential for county commissioners, provides advice This Board oversees the safe and
injury to other existing water rights to other state agencies, and plans for proper installation of well pump equip-
under strict statutory guidelines. future use and development of the ment and regulates the proper, safe
waters of the state in conjunction with construction of wells throughout the
In addition to well permitting, the State other agencies. state.
Engineer’s Office employs professional
engineers and geologists who collect The State Engineer also provides staff The Division of Water Resources, in
and analyze data on water supply to to assist in technical support to the cooperation with various local ground
forecast streamflows, determine diver- Colorado Ground Water Commission water management districts, operates a
sion requirements, investigate stream in the exercise of its duties in the statewide network for monitoring
transit losses, determine evaporation Designated Basins generally located on ground water levels. Over 1,500 wells
losses, and calculate historic use and the eastern plains of Colorado. Well are measured to assist in projecting
current conditions. A statewide satel- permits for wells located in these ground water levels and to aid in the
lite-linked monitoring system that basins are evaluated by the staff and administration of ground water.
What Type of Well Permit Can I Get?
The following discussion applies to more than fifteen gallons per minute.
those areas of the state outside the Generally, wastewater disposal systems
designated ground water basins. Please are required to be of the non-
refer to the section of this guide titled, evaporative type, such as standard
“How Do I Obtain a Water Well septic tank and leach field systems,
Permit Within a Designated Basin?”, where the return flow from the use of
for a discussion on obtaining well the well is returned to the same stream
permits within the designated ground drainage system in which the well is
water basins, and for information as to located.
where the designated basins are
located. Except in limited cases, an exempt well
permit will not be issued where either a
There are two different classes of municipality or a water district can
wells: those that are exempt from provide water to the property. In most Standard domestic water well
water rights administration and are not cases, no more than one exempt well in Weld County
administered under the priority system, permit will be issued for a single lot.
and those that are non-exempt and are Domestic and Livestock Wells – These
governed by the priority system. This Household Use Only Wells - These types of well permits are issued on
section will explore the different types of well permits are issued for tracts of land of 35 acres or more where
ground water well permits that are ordinary household uses in one single- the proposed well will be the only well
available. family dwelling and do not allow for on the tract, or on tracts of land of less
outside water or livestock watering. than 35 acres in limited areas of the
Exempt Wells Generally, individuals may obtain this state where the surface drainage system
There are several types of exempt well type of permit if they own a lot in a is not over-appropriated (see glossary
permits whose uses vary depending subdivision that was created prior to term, over-appropriated), or where the
upon the situation. Uses are limited June 1, 1972, or the parcel was created well will produce from a deeper source,
specifically by the conditions of by an exemption to the subdivision thus having minimal impact on surface
approval stated on the permit when it is laws by the local county planning water rights. Depending on under what
issued. In most cases, exempt well authority. Use Form GWS-44 in apply- provisions the well permit is issued, the
permits limit the pumping rate to no ing for this type of permit. well may be able to serve up to three
Page 3
What Type of Well Permit Can I Get? (cont.)
single-family dwellings, irrigate one routinely conducted by the local water well permits are for the purpose of
acre or less of lawn and garden, and commissioners who work under the replacing or deepening an existing well.
provide water for the individual's direction of the division engineer of the The uses allowed under the original well
domestic animals and livestock. Use water division in which the well is transfer over to the new well. In some
Form GWS-44 in applying for this type located. Currently, there is no fee areas of the state, replacing the new well
of permit. charged for the investigation. Owners or deepening the existing well to a differ-
may also register wells used for ent water source (or aquifer), could affect
Neither of the two types of wells commercial purposes if the well was the uses allowed on the new well, or the
described above can provide water for put to beneficial use prior to May 8, ability to get a new permit for production
commercial uses. 1972, and the amount of ground water from a different water source. Use
diverted does not exceed one acre-foot Forms GWS-44 or 45, depending on the
Commercial Exempt Wells - These per year (325,850 gallons) for drinking use of the original well, in applying for
types of well permits are available for and sanitary purposes inside the home this type of permit.
small businesses located on lots that only.
were created prior to June 1, 1972, or Geoexchange Systems - These types of
by an exemption to the subdivision A question frequently asked is, "Does permits are for the construction and
laws. The use of the well is limited to a the state require landowners to register installation of loop fields in geoexchange
commercial business, like a conven- wells that were put to beneficial use systems. A geoexchange system is
ience store, and is limited to the prior to May 8, 1972 for exempt defined as a heat pump or heat exchange
pumping of one-third acre-foot purposes?" The state cannot require system having a horizontal or vertical
(108,600 gallons) of water per year. people to register these wells until the closed-loop portion consisting of pipe
The uses of water are restricted to well needs to be redrilled. However, buried in trenches, boreholes, or wells
drinking and sanitation facilities inside there are benefits to registering these (ground-source), or submerged in a body
a single business. Outside water uses wells. The benefits include making it of water (water-source), in which a heat
are not allowed. Well metering devices faster to obtain approval if the well exchange medium (fluid or vapor) is
are required. Examples of commercial needed to be redrilled, or the owner circulated and fully contained within the
uses that would not qualify under this intended to sell the land. Most poten- pipe or tubing. The purpose of the closed
provision are motels, commercial tial buyers and lending institutions loop is to provide for the transfer of heat
kennels, horse-boarding operations, and want assurance that the well on the between the circulating fluid or vapor
any commercial business with outside property is usable and registered with and the ground or water. Although these
uses. These uses are non-exempt and a the state. Use Form GWS-12 in apply- systems do not appropriate subsurface
well permit would not be available in ing to register an existing well. fluids, they do utilize the earth’s geother-
over-appropriated areas of the state mal properties, therefore, requiring a
without augmentation. Use both Forms Monitoring and Observation Wells – permit. Prior to issuance of a permit, the
GWS-45 and GWS-57 in applying for These types of well permits are for the applicant must become certified. For
this type of permit. construction of a well to be used for the more information regarding the certifica-
purpose of locating water, pump or tion and permitting process, refer to the
Unregistered Existing Wells – The aquifer testing, monitoring ground Geothermal Rules. A copy of the rules
above types of well permits are avail- water, or collection of water quality can be obtained for a nominal fee from
able for any existing unregistered well samples. A monitoring and observa- the Division of Water Resources, or
that was put to beneficial use prior to tion well may be converted from an accessed through the website http://
May 8, 1972, serving up to three existing monitoring and observation water.state.co.us, click on Rules and
homes, irrigating home gardens and hole and permitted for the uses as Regulations. Use Form GTC in applying
lawns, and watering the user’s own stated above, or as a recovery well or a for certification and Form GWS-72 for a
domestic animals and livestock. The dewatering system (see discussion on permit to construct geoexchange system
well can be registered for the historic Monitoring and Observation Hole, loop fields.
uses if those uses are no greater than Recovery Well, and Dewatering
those allowed for a domestic and System). A well constructed under a Non-Exempt Wells
livestock well permit. Personnel of the monitoring and observation well permit Any type of use other than those
Division of Water Resources will may be converted by permit to other described above are usually for non-
conduct a field investigation to verify uses. Use Form GWS-46 in applying exempt purposes. In over-appropriated
the well’s existence, and the historic for this type of permit. areas of the state, new non-exempt wells
uses being claimed on the permit must replace any out-of-priority stream
application. The investigations are Replacement Wells - These types of depletions in time, place, amount, and
Page 4
What Type of Well Permit Can I Get? (cont.)
quality by having augmentation water would have to be added to the existing depletions from evaporation (refer to
available. A plan for augmentation plan, if possible, through a water court Sections 37-90-137(11)(a), 37-90-
must be approved by the water court to process, or alternatively, a new plan 107, 37-80-120(5), and 37-92-305
prevent injury to senior water right approved by the court. Use Form GWS- (12)(a), CRS, for specific requirements
holders by replacing the amount of 44 in applying for this type of permit. regarding gravel pit wells). Colorado
water consumed by the non-exempt state statutes can be accessed from the
uses. Development of plans for state of Colorado website http://
augmentation usually require the colorado.gov. Use Form GWS-27 in
services of a water resource consult- applying for this type of permit.
ing engineer and water attorney (see
section of this guide titled, “What is Pond Wells – These types of permits
an Augmentation Plan?”). Non- are for the construction of new ponds,
exempt well permits typically allow or the permitting of existing ponds, that
pumping rates and annual withdraw- expose ground water. For new pro-
als of ground water in excess of those posed ponds that will expose ground
allowed by exempt well permits. water, a non-exempt well permit must
New non-exempt wells must be be obtained from the State Engineer
located more than 600 feet from any prior to construction since the pond
other production well not owned by would be considered a well by statutory
the applicant unless the State Engi- Center Pivot Irrigation in Paradox definition. All of the laws governing
neer, after a hearing, finds that cir- the construction and use of wells apply.
cumstances in a particular instance In over-appropriated areas of the state,
warrant issuing the permit, or after Replacement Wells - These types of well a plan for augmentation would have to
proper notice has been given to other permits are for the purpose of replacing be obtained to replace any out-of-
well owners as outlined in the Colorado or deepening an existing well. The uses priority depletions caused by the pond,
State Statutes (see section of this guide allowed under the original well transfer or the pond must be lined to prevent the
titled, “If My Proposed Non-Exempt over to the new well. In some areas of interception of ground water (see
Ground Water Well is Within 600 Feet the state, replacing the original well with section of this guide titled, “Can I
of an Existing Well, What Happens?”). a new well or deepening the existing Build a Fishpond?” for further discus-
well to a different water source (or sion). Use Form GWS-45 in applying
Irrigation, Commercial, Municipal, & aquifer) than the original well, could for this type of permit.
Industrial – Although not intended to affect the uses allowed on the new well,
be a complete listing, these types of or the ability to get a new permit for Recovery Wells – These types of well
well permits include the more common production from a difference water permits are issued for wells to be used
non-exempt type uses. Typical exam- source. Use Forms GWS-45 and 44, for the purpose of removing contami-
ples of these four use categories include depending on the use of the original nants from, or otherwise remediating,
center-pivot crop irrigation systems, well, in applying for this type of permit. ground water. In over-appropriated
commercial business operations with areas of the state, a plan for augmen-
inside and outside uses, central water Gravel Pit Wells – These types of well tation would be required if the con-
distribution systems providing drinking permits are issued for gravel pit sumptive use of ground water for the
water to residential subdivisions and operations where ground water is entire recovery project exceeds 1/30 of
municipalities, and water used in the exposed. The passage of Senate Bill an acre-foot (10,862 gallons) per year
manufacturing of a product. Use Form 89-120 by the Colorado Legislature (see Policy Memorandum 94-5 for
GWS-45 in applying for this type of provided that any gravel pit in operation more detailed information). Use Form
permit. after December 31, 1980, that exposed GWS-45 in applying for this type of
ground water to the atmosphere, must permit.
Subdivision Wells with Augmentation replace all out-of-priority depletions of
Plans – If a lot was part of a subdivi- ground water. It also required that a well Geothermal Wells – These types of
sion created after June 1, 1972, for permit be obtained from the State well permits are issued for wells to be
most areas of the state, the well uses Engineer for use of the ground water. used for the purpose of exploring for,
will be governed by a plan for augmen- Existing gravel pits that exposed ground monitoring of, or using geothermal
tation and whatever uses the plan water to the atmosphere, but ceased resources, or re-injecting geothermal
specifies. Any uses beyond those activity prior to January 1, 1981 are not fluids. For more information regarding
allowed by the plan for augmentation required to be permitted or replace the permitting and use of this type of
Page 5
What Type of Well Permit Can I Get? (cont.)
well, refer to the Geothermal Rules. A on the notice. with the rules. An Abandonment
copy of the rules can be obtained for a Report (Form GWS-9) must be submit-
nominal fee from the Division of Water Monitoring and Observation Holes – ted within sixty days after abandoning
Resources, or accessed through the These are temporary holes constructed any test hole that penetrates through a
website http://www.water.state.co.us, after proper notice and in accordance confining layer. Use Form GWS-51
click on Rules and Regulations. Use with the Water Well Construction Rules. when providing Notice of Intent to
Form GWS-45 in applying for this type A Well Construction and Test Report Construct this type of structure.
of permit and include supplemental (Form GWS-31), referencing the
documentation as required by the rules. acknowledged notice number, must be Dewatering Wells – These wells are
submitted within sixty days after con- any excavation or other ground pene-
Dewatering Systems – These types of structing the hole. A monitoring and tration for temporary dewatering pur-
well permits are for a permanent well, observation hole must either be poses exclusively related to construc-
drain, sump or other excavation abandoned in accordance with the rules tion projects. A dewatering well may
constructed for the purpose of keeping within one year of construction or be constructed only after proper Notice,
the water table below a desired level. converted by permit to a monitoring and and must be plugged and abandoned
A dewatering system may be converted observation well, recovery well, or within one year of being constructed.
by permit from a monitoring and dewatering system. If abandoned, a Upon written request for variance, and
observation hole, dewatering well, or Well Abandonment Report (Form as warranted by project considerations,
recovery well. Use Form GWS-45 in GWS-9) must be submitted within sixty the one-year abandonment requirement
applying for this type of permit. days after abandoning the hole. A moni- may be extended. For non-construction
toring and observation hole cannot be projects or when long-term dewatering
Other Structures converted to a production well other than is required, application can be made for
The types of borehole structures a recovery well or a dewatering system. a dewatering system using Form GWS-
discussed below can be constructed Use Form GWS-51 when providing 45. Use Form GWS-62 when provid-
upon filing of a proper Notice of Intent Notice of Intent to Construct this type of ing Notice of Intent to Construct this
to Construct with the State Engineer’s structure. type of structure.
Office. Notices must be submitted at
least three days prior to construction. Test Holes (that penetrate through a For more detailed information regard-
Faxed notices are acceptable. The confining layer) – These holes are any ing any of the above well uses, contact
borehole structures must be constructed excavation or other ground penetration the Denver office, Ground Water
within ninety days of the date of notice. for the purpose of geotechnical, Information at 303-866-3587, or one of
A separate notice must be provided for geophysical or geologic investigation, or the seven Water Division offices (see
each 40-acre quarter/quarter section in collecting soil or rock samples. A test Contact Information on the back of this
which a borehole structure will be hole that penetrates through a confining guide). Permit application forms are
constructed. More than one borehole layer must submit proper notice before available from the Denver office and
structure can be constructed on the construction. A test hole shall not Division offices, or from the Division
same quarter/quarter section, provided remain open longer than twenty days, of Water Resources’ website at
the number of boreholes are indicated and must be abandoned in accordance http://www.water.state.co.us.
How do I Obtain a Water Well Permit Within a Designated Basin?
You might be wondering what desig- within the Designated Basins is referred years preceding the date of the first
nated basins are and where they are to as designated ground water. Desig- hearing on the proposed designation of
located. The Designated Ground Water nated ground water is ground water the basin, and which is within the
Basins (or Designated Basins) are those which, in its natural course, is not avail- geographic boundaries of a designated
areas of the state established by the able to or required for the fulfillment of ground water basin.
Colorado Ground Water Commission decreed surface rights, or ground water
in accordance with Section 37-90-106, in areas not adjacent to a continuously Background
CRS. The Designated Basins are lo- flowing natural stream; wherein ground The Colorado Ground Water Commis-
cated in the Front Range and in Eastern water withdrawals have constituted the sion (Commission) is a regulatory and
Colorado (see Figure 1). Ground water principal water usage for at least 15 an adjudicatory body authorized by the
Page 6
How do I Obtain a Water Well Permit Within a Designated Basin? (cont.)
General Assembly to manage and Well Permitting Within the 1. Determinations of ground water in
control designated ground water Designated Basins the Denver Basin bedrock aquifers,
resources within the state of Colorado. In the administration of designated Section 37-90-107(7), CRS.
The General Assembly has granted the ground water, the Commission has the 2. New well permits, Section 37-90-
Commission this authority under Title sole authority to grant any new water 107, CRS.
37, Article 90 of the Colorado Revised rights or changes in water rights 3. Replacement well permits, Section
Statutes (Ground Water Management involving designated ground water. 37-90-111(1)(c), CRS.
Act). This Act further describes the The water courts do not have any 4. Final permits, Section 37-90-108,
Commission’s formation, organization, approval authority concerning desig- CRS.
and duties. nated ground water. Furthermore, 5. Changes to water rights, Section
designated ground water management 37-90-111(1)(g), CRS.
The Commission consists of twelve districts do not have any permitting 6. Replacement plans, Section 37-90-
members, nine of whom are appointed authority within Designated Basins. 107.5, CRS.
by the governor and three others who The districts can only provide recom-
consist of the Executive Director of the mendations to the Commission on any For each of the aforementioned activi-
Department of Natural Resources given application. For the small ties, the applicant must make applica-
(DNR), the Director of the Colorado capacity wells, the districts may adopt tion to the Commission on a form
Water Conservation Board (CWCB), rules, in accordance with Section prescribed by the Commission. A
and the State Engineer, Director of the 37-90-105(7), CRS, that may affect the filing fee, as listed on the fee schedule
Division of Water Resources (DWR). issuance of permits for such wells. on our web page, must accompany each
The Commission meets on a quarterly Additionally, after the issuance of well water right sought. For example, each
basis every year, in February, May, permits, the districts have their own determination of water right application
August and November. The State authority to administer ground water or each well permit within a change of
Engineer is the Executive Director of within their boundaries. water right application must have the
the Commission who carries out and appropriate filing fee.
enforces all decisions, orders and Ground Water Commission
policies of the Commission. Currently, The permitting activity of the Commis- With new appropriations, the Commis-
the Commission has established eight sion can be broken down into six sion must first determine if the applica-
designated basins and 13 ground water categories. Each of the following tion can be given favorable considera-
management districts within such activities is performed by the State tion. This means that water is available
basins. A listing of these basins and Engineer through authority granted him for appropriation, the withdrawal will
districts are contained in Table 1 and by the Commission: not cause unreasonable impairment to
diagrammed in Figure 1. other vested water rights, and the with-
drawal is not unreasonably wasteful.
The Commission also considers
Table 1 whether the application would be
Designated Ground Water Basins and speculative. Once favorable considera-
Ground Water Management Districts tion is established, the Commission
Designated Ground Water Basin Ground Water Management Districts will publish the application in the
county where the water right is being
Kiowa-Bijou North Kiowa-Bijou sought. Any objections to applications
Southern High Plains Southern High Plains for new water rights are processed in
Upper Black Squirrel Creek Upper Black Squirrel Creek accordance with Section 37-90-113,
Lost Creek Lost Creek
CRS, and the “Rules of Hearings for
Camp Creek
Upper Big Sandy Upper Big Sandy All Adjudicatory Hearings Before the
Upper Crow Creek Ground Water Commission,” 2 CCR
Northern High Plains Plains 402-3. For new water rights that are
Sand Hills approved by the Commission or have
Arikaree successfully completed the hearing
Frenchman process, the Commission prepares a
Central Yuma County Commission Findings and Order. The
W-Y Findings and Order would include,
East Cheyenne
among other items, the average annual
Marks Butte
amount of water that can be appropri-
7
Page 6
How do I Obtain a Water Well Permit Within a Designated Basin? (cont.)
Before the Ground Water struct small capacity wells within the
Commission,” 2 CCR designated basins (Section 37-90-105,
Upper Crow Creek Marks Butte
402-3. Once the Com- CRS). The ground water management
Frenc hman
mission approves the districts have some authority to direct
Sand Hills
change, or the applicant the State Engineer as to how to issue
Lost Creek Camp Creek W-Y
successfully completes small capacity wells within their
Centr al Yuma the hearing process, the respective district through properly
Commission will again adopted rules (Section 37-90-105(7),
DENVER â
North Kiowa Bij ou
Ar ikaree
issue a Findings and CRS).
Kiowa Bijou Northern High Plains
Plains
Order authorizing said
Upper Big Sandy change. The Findings Small capacity well permits are issued
Denver Basin
and Order would include, pursuant to statute. These wells are
Upper Black Squirrel Creek East Cheyenne
among other items, the intended to be small use wells for
average annual amount residences (maximum three single-
N
Colorado
of water that can be with- family), livestock and small commer-
drawn, the location of cial operations. These wells are limited
use, the proposed benefi- to no more than one acre of lawn and
cial uses, and any other garden irrigation.
Southern High Plains conditions the Commis-
sion deems necessary to Application is made to the State
Southern High Plains
assure that no material Engineer with the appropriate filing
injury will occur to other fee. The State Engineer reviews the
water rights. application according to statute and
properly adopted district rules. If the
Figure 1.
Designated Ground Water Basins and As aforementioned, the application satisfies the statutory
Ground Water Management Districts Commission has the requirements and district rules, a permit
authority to conduct is issued to construct a well. This type
adjudicatory hearings and of application does not require a
these decisions are sub- publication or a final permit.
ated, the location of use, the proposed ject to judicial review. These hearings
beneficial uses and any other condi- by the Commission and judicial review If an applicant or other party is
tions the Commission deems necessary of such decisions are controlled by the aggrieved by a decision of the State
to assure no unreasonable impairment provisions in Sections 37-90-113 Engineer (including the issuance or
to vested water rights. through 37-90-115, CRS. Currently, denial of a well permit application), a
the Commission has delegated to its hearing is conducted before the State
With changes in water rights, the hearing officer the review of facts, con- Engineer pursuant to the Administra-
Commission can publish the applica- clusions of law, and initial decisions of tive Procedures Act (Section 24-4-106,
tion without review. However, the the Commission concerning designated CRS).
Commission cannot grant any change ground water. This delegation
that would materially injure another relieves the Commission from initial
vested water right. As a result, the hearing procedures and decisions.
Commission reviews change of water The Commission may hear or
right applications before publication, review protests to the hearing offi-
and either continues with publication cer’s decisions and acts as final
because no material injury is evident, administrative authority. If a con-
or denies the application. If the testing party is still unsatisfied, this
Commission continues with the publi- party may appeal the Commission’s
cation, the publication is in the county decision to district court in the
where the change is being sought. county where the water right is
Again, any objections to applications located.
for changes in water rights are proc-
essed in accordance with Section State Engineer
Poinsettia farm in the Upper Black
37-90-113, CRS, and the “Rules of Only the State Engineer has the
Hearings for All Adjudicatory Hearings authority to grant permits to con- Squirrel Designated Basin
Page 8
Are Your Well Permits Still Valid?
The expiration date of a permit depends Beneficial Use filed within three • The well must be drilled prior to the
on the statute under which the permit years from the date of issuance of expiration date of the permit.
was issued and on the status of the the permit. For information on filing • The pump can be installed and the
well. Generally, on recently issued late Statements of Beneficial Use, well used at any time if the well was
well permits, the applicable statute is contact Ground Water Information or timely constructed.
cited in the permit conditions in the one of the seven Water Division After the above-referenced criteria have
well permit. The permit expiration date offices (see Contact Information on been met, the permit will not expire.
appears in the lower right hand corner the back of this guide).
[Note: For permits issued under
of the well permit. The timelines and • For permits issued under Section 37-
specific requirements for different Sections 37-92-602 and 37-90-105,
90-107(7), CRS, the pump can be
CRS, the permit expiration date can be
types of wells are: installed and the well used at any
extended for additional one-year
time after well completion. The well
periods upon receipt of a written
Sections 37-90-137, 37-90-107, and owner must file a Notice of Com-
request and showing of good cause.]
37-90-107(7), CRS, Permits – Non- mencement of Beneficial Use within
Exempt Wells and Large Capacity 30 days of use of the well.
Wells (permits issued for one year): Extensions
After the above-referenced criteria have Requests for extensions must be
• For permits issued under the sections been met, the permit will not expire. received in our office prior to the
referenced above, the well must be [Note: For permits issued under Sec- expiration date of the permit. Requests
drilled prior to the expiration date of
tions 37-90-137, 37-90-107, and 37-90- may be faxed, with the original and any
the permit. 107(7), CRS, the permit expiration date required fees to follow within a few
• For permits issued under Section 37- can be extended one time for one year days. If the expiration date has passed,
90-137, CRS, the State Engineer’s maximum, upon receipt of a written we cannot grant an extension. How-
Office must receive evidence that the request, a showing of good cause, and ever, if the well owner has complied
well was constructed and pump the appropriate filing fee. with the provision of the law, except
installed prior to the expiration date that they failed to file the necessary
of the permit. For permits issued Sections 37-92-602 and 37-90-105, forms in a timely manner, they should
under Section 37-90-107, CRS, the CRS, Permits - Exempt Wells and file a request for acceptance of the
pump must be installed, water put to Small Capacity Wells (permits issued forms in accordance with the above
beneficial use, and a Statement of for two years): referenced sections.
Residential Wells and Subdivisions
On May 5, 1972, legislation was applications which are located in subdi- for water supply reports, while Section
enacted which mandated that counties visions approved on or after June 1, 30-28-136 describes the review proc-
adopt subdivision regulations requiring 1972, for which the water supply plan ess. These statutes may be viewed at
developers to provide data, studies, and has not been approved by the State the state of Colorado website under the
analyses for their proposed subdivision Engineer, the cumulative effect of all government links. For new subdivi-
of land. The studies were to include, such wells in the subdivision shall be sions in over-appropriated areas, a plan
among other items, adequate evidence considered in determining material for augmentation, approved by the
that a water supply was available and injury. The term subdivision is defined water court, or a replacement plan
that the quality, quantity, and depend- in Section 30-28-101, CRS, and does approved by the Colorado Ground
ability was sufficient. In turn, the State not apply to any division of land, which Water Commission for areas within the
Engineer was required to review the creates parcels equal to or greater than Designated Basins, is required before
water supply information and issue an 35 acres. The Division of Water residential well permits can be granted.
opinion regarding injury to other vested Resources reviews water supply reports
water rights and the adequacy of the for new subdivisions upon referral from When applying for a permit to con-
water supply. the county as required by Section struct a residential well on a parcel of
30-28-136(h), CRS. A water supply less than 35 acres, the application may
Under Sections 37-92-602(3)(b)(III) report is required for all subdivision need to be supplemented with addi-
and 37-90-105(3)(c), CRS, in evaluat- proposals. Section 30-28-133(3)(d), tional information concerning the tract
ing residential household well permit CRS, describes the basic requirements of land on which the well will be
Page 9
Residential Wells and Subdivisions (cont.)
located. This information is necessary block, filing number, and subdivi- quarter corner so the parcel can be
for the evaluation of the application. If sion name. While our records located on a USGS quadrangle map
the proposed location of the well will be reflect when many recorded subdivi- (scale of 1" - 2000'), or other Divi-
in an over-appropriated stream system, sions were platted, if this office has sion of Water Resources mapping
or in a Designated Ground Water Basin, no information on the subdivision, or tools. If the legal description is too
additional information detailing the incomplete information, then infor- lengthy to fit on the application form,
legal description of the tract, and when mation verifying the creation date of then the description should be sub-
or how that tract was created, is the subdivision must be submitted mitted on a separate sheet and refer-
typically required. A current deed for before the application can be enced in the application. The parcel
the subject property on which a well evaluated. size indicated on the application
permit is being sought must accompany 2. If the parcel was created prior to should agree with the area identified
the application to provide proof of June 1, 1972, but is not in a subdivi- by the legal description.
ownership. The following information sion, then a copy of a recorded deed, 3. If the parcel was created by an
is intended to aid in preparing and a county approved plat map, or other exemption from the definition of a
completing a well permit application of document with a legible date show- subdivision, then a copy of one or
this type. ing that such action occurred prior to more of the following must be sub-
June 1, 1972, must be submitted. mitted: (a) the signed and dated
Application made pursuant to Sections The documentation must contain a County Commissioner's Resolution
37-92-602 or 37-90-105, CRS, for metes and bounds legal description concerning the exempted tract; or
residential use: that specifically identifies the subject (b) a copy of the county survey plat,
1. If the parcel is in a platted subdivi- parcel. The legal description must referencing approval of the recorded
sion, make sure to specify the lot, include a tie to a section corner or exemption.
Purchasing Property with a Well or Surface Water Rights: What to
Ask and Where to Get Additional Information
Purchasing property usually involves a all well permit files. Files usually con- Contact Ground Water Information of
substantial financial investment and tain useful information about the well. the Denver office at 303-866-3587,
long-term commitment. Prior to To find the appropriate file, try to Monday through Friday, from 9:00
making a purchase, the more obtain the well permit number, or at a a.m. to 4:00 p.m., to inquire as to well
information you can obtain about any minimum, the section, township, and use restrictions.
water resources connected with the range location of the well and the name
property, the better off you will be in of the party that may have obtained the Well pumping rates - Ask the seller or
the long run. well permit. Next, to obtain copies of realtor what the current pumping rate
files, contact the Records Section of of the well is. Well pumping rates are
Individual on-lot wells - If there is a this office at 303-866-3447, Monday measured in gallons per minute. Prior
residence on the property, find out if it through Friday, between the hours of to purchasing the property, consider
is served by an individual on-lot well or 10:00 a.m. to 3:30 p.m., or visit the having a well pump test done by a
central water supply system. If served Denver office. (Note: The Records qualified party, such as a Colorado
by a well, ask questions about the well. Section is closed the last Friday of each licensed pump installer or water well
How old is it? Is it registered with the month.) Find out what the water use driller. A current listing of pump
Division of Water Resources? If it was restrictions are. Water uses are installers and drillers, arranged alpha-
put to use prior to May 8, 1972, it may restricted by Colorado state statutes, betically by city, is available on our
or may not be registered (refer to the well permit conditions of approval, website at http://www.water.state.co.us.
discussion on Unregistered Existing county regulations, and subdivision Low-yield wells may be able to supply
Wells under the section titled, “What covenants. Don’t fall into the trap, as a sufficient quantity of water for the
Type of Well Permit Can I Get?”). many have when purchasing property, intended purpose if used in conjunction
Any production well used for residen- of envisioning your own little paradise, with properly sized storage tanks and
tial and/or livestock watering purposes, complete with home, lawns, gardens controlled pumping systems. There
that was constructed after May 8, 1972, and horses, only to find out that the will be some water storage in the well
should have a permit file on it. The well use restrictions limit the use of itself. For every foot of water in a
Division of Water Resources maintains ground water to in-house uses only. typical residential well with a four-inch
Page 10
Purchasing Property with a Well or Surface Water Rights (cont.)
diameter casing, there are 0.66 of a tally to the nearest source of contami- is to promulgate rules and regulations
gallon of water in storage. You can do nants or 50 feet from a septic tank, under which contractors must operate.
a quick assessment of daily water needs sewer line or other vessel containing The latest revision to the Water Well
for in-house uses only. A rule of contaminants, unless a variance to this Construction Rules became effective
thumb is to allow 75 gallons per person rule is granted by the Board of Examin- on January 1, 2005. A copy of these
per day. Therefore, a family of four ers of Water Well Construction and rules is available from this office for a
will require approximately 300 gallons Pump Installation Contractors. State, nominal fee, or can be accessed from
per day for in-house uses. Again, a county, municipal or local government our website. In general, the well
qualified well tester could be helpful in regulations must be complied with if should be constructed with watertight
properly assessing the well’s capabili- more stringent than the Board of Exam- steel surface casing and joints installed
ties and providing recommendations iners’ Water Well Construction Rules. from a minimum of one foot above, to
regarding a low-yield well situation. Are there any existing abandoned wells a minimum of nineteen feet below
on the property that are open and not ground level. The space between the
Well water quality, public health and plugged? Try talking to neighboring borehole wall and the surface casing
safety - Ask about the current water property owners who are on well water should be grouted in accordance with
quality. Prior to purchasing the prop- and get their comments on water qual- the Water Well Construction Rules to
erty, consider having the well water ity. Ask if they know the depths of prevent contaminants from entering
tested by a state-certified laboratory. their wells and compare it with that of the borehole. If you have questions or
The Water Quality Control Division of the well you are assessing. Their concerns regarding well construction,
the Colorado Department of Public comments and experiences can be a you should contact staff of the Board
Health and Environment can be con- helpful source of information. by telephone at 303-866-3581, or in
tacted at 303-692-3500, and can writing addressed to: Board of Exam-
provide a listing of state-certified iners of Water Well Construction and
laboratories in Colorado. Information Pump Installation Contractors, Colo-
may also be accessed from their web- rado Division of Water Resources,
site at http://www.cdphe.state.co.us/wq/ 1313 Sherman Street, Room 818,
wqhom.asp. You can also contact the Denver, CO 80203. An additional
County Health Department of the source of general information about
county that the well is located in. water well construction is a pamphlet
Some counties can perform a bacterio- by the American Ground Water Trust
logical/coliform test for water potabil- in cooperation with the Colorado
ity. The Division of Water Resources Water Well Contractors Association
does not do any water quality testing. titled, “What Coloradoans Need to
Do an on-site visual inspection of the Know About Water Well Construc-
well and property you are thinking of tion.” Contact the Colorado Water
purchasing. Is the well physically Well Contractors Association to obtain
located on the property? Does the loca- a copy of this pamphlet. Their website
tion of the well allow for easy access address is: http://www.cwwca.org.
for repair and maintenance? Does the
well appear to be in a sanitary condi- Well construction near Northglenn Well ownership transfer – Each time
tion? Is the ground surface around the the ownership or mailing address of a
well head sloped such that there would Well construction - This office cur- permitted well changes, a “Change in
be positive surface drainage away from rently has an inspection program in Ownership/Address” form (GWS-11)
it? Is the well casing visibly sticking place for well construction. While must be submitted to this office. No
up above the ground surface, and is inspections are not done for every well fee is required. The form can be
there a weather-tight seal on top of the constructed, random inspections are downloaded from our website at
casing? Does the visible well casing done throughout the state to ensure http://www.water.state.co.us, or may
appear to be made of steel? How far compliance with the Water Well Con- be obtained free of charge from the
away is the wellhead from any known struction Rules. Water well drilling Denver office or any one of our seven
contamination sources, such as septic contractors must be licensed and division offices (see Contact Informa-
tank and leach field disposal systems? bonded. The contractor is licensed by tion, on the back of this guide).
The current Water Well Construction the Board of Examiners of Water Well
Rules require that a well shall not be Construction and Pump Installation Central Water Supply Systems – If
located closer than 100 feet horizon- Contractors. One function of the Board purchasing property that is served by a
Page 11
Purchasing Property with a Well or Surface Water Rights (cont.)
central water supply system, find out water rights could be from rivers and water rights. Ask to see any contrac-
what you can about the system and the streams, reservoirs, transmountain tual agreement with a ditch company or
supplier. Is the water supply from waters, or other wells. The water could supplier, or stock certificates of owner-
central wells or treated surface water be conveyed to the property by direct ship of shares of water. Sometimes
supplies, such as a reservoir? Who is pumping from the river or stream, but there is information on the property
responsible for operation and mainte- more typically, conveyance is by way deed regarding water rights, or on a
nance of the system? Consider contact- of a ditch or lateral, canal or possibly special water rights deed. If there is a
ing the water supplier and asking about through a pipeline. A commonly court decree involved, obtain a copy of
the reliability of the system, and the fee decreed use of this water is for irriga- the decree. This office maintains a
structure. Ask what water uses are tion purposes. Issues sometimes arise database of water rights that are
allowed. You may be able to obtain over a shareholder’s inability to receive decreed through the water courts.
water quality information as well. A water due to the actions of other share- Copies can be acquired for a nominal
good source of contact information for holders further up the ditch or lateral. fee. This database can be searched by
water suppliers is the Colorado Water Often, this office will receive calls location (quarter/quarter and quarter
Congress. Their telephone number and from such water users seeking resolu- section, section number, township and
website are 303-837-0812 and http:// tion to these problems. range) to see if any water right exists at
www.cowatercongress.org. Addition- a specified location. Additionally, an
ally, there is an alphabetical listing of While the Division of Water Resources online water rights database can be
water districts for the Denver Metro- is charged with the responsibility of accessed from our website at http://
politan area under the Special Districts administering water rights and for the www.water.state.co.us. Due to the
section of the city government white distribution of surface water within the potential complexity of water rights
pages phonebook. Lastly, the Depart- state, that distribution authority stops at acquisition, when contemplating the
ment of Local Affairs (DOLA) has the headgate of the main ditch where it purchase of property with water rights
online information regarding Data, diverts from the river or stream. We do associated with it, it may be advisable
Information and Publications at http:// not administer surface water beyond to seek legal assistance from an attor-
www.dola.state.co.us/DataEtc.htm. the headgate. That becomes the ney knowledgeable in water rights.
responsibility of the individual ditch For additional information regarding
Other water rights – In addition to an companies or private shareholders. the subject of water rights, refer to
individual on-lot residential use well or However, this office will assist where other sections of this guide titled,
central water supply system, the possible in a resolution by providing “Water Rights in Colorado,” “How Do
property you have purchased or may information or offering suggestions. I Obtain a Water Right?,” “What is an
purchase might have water rights asso- As a potential property purchaser, you Augmentation Plan?,” and “Can I
ciated with it. The source of these can verify a seller’s claims to having Build A Fishpond?”
If My Proposed Non-Exempt Ground Water Well is Within 600 Feet
of an Existing Well, What Happens?
If the 600-foot spacing rule applies to adversely impact their own existing Division office personnel may verify
this well, the application is returned to well, and that they are waiving any this listing. The well permit evaluation
the applicant and they are given the objection to the issuance of a permit for staff will notify all owners of existing
option to obtain a consent form or the subject well. wells by certified mail of the pending
request a hearing. Consent must be application, and request a response from
obtained from all owners of existing If consent forms cannot be obtained them. If no response is received within
wells within 600 feet of the proposed from all owners of existing wells, or if a the time set forth in the notice, a hearing
well location. An example of an hearing is requested, the request should is not required. If any response is re-
acceptable consent form is available be made in writing to the Division of ceived in a timely manner, the well per-
from the Division of Water Resources, Water Resources. The request should mit evaluation staff will request that the
but other forms may also be accepted. include a listing of the names, mailing hearing officer assigned by the State
The well owner signing such a consent addresses, and permit numbers (if Engineer proceed to set a hearing sched-
form should understand that the use of known) of all owners of existing wells ule. All owners with wells within 600
the proposed well could injure or within 600 feet of the subject well. feet who have responded to the notice
Page 12
If My Proposed Non-Exempt Ground Water Well is Within 600 Feet of an
Existing Well, What Happens? (cont.)
will be notified of the hearing date and court that the applicant has given notice
can attend and be a party to the action. of the water court application at least
The applicant must come to the hear- ten days before making the application
ing prepared to present testimony that by registered or certified mail, return
their well will not cause material injury receipt requested, to the owners of
to existing wells within 600 feet. record of all wells within 600 feet of the
Legal counsel may represent the appli- proposed well.
cant if they so choose. If the proposed
well is part of a water court proceeding The hearing requirement shall not apply
granting a water right for the well, a to wells located less than 600 feet from
plan for augmentation, or a change of existing wells if the proposed well will
water right, no hearing by the State serve an individual residential site and
Engineer shall be required. However, Irrigation well in the Arkansas the proposed pumping rate will not
River Basin
evidence must be provided to the water exceed fifteen gallons per minute.
What is an Augmentation Plan?
If you are considering using wells to “senior” (or earlier in time) to your stream and the remainder of the stream
provide water for lawn and garden water right. When a shortage occurs, system.
uses, domestic animals, a subdivision, senior water rights may place a “call”
or another project, you should be for water, which may result in junior For an example of an augmentation
aware that in some areas of Colorado water rights being ordered to stop plan, assume that you want wells in a
you may be unable to get a well permit some or all water use so the seniors proposed subdivision where there are
without an augmentation plan. An can receive their water. Simply put, senior water rights on a nearby stream.
augmentation plan is a court-approved augmentation is a method to allow you An augmentation plan must be
plan, which is designed to protect to use your well, the junior water right, designed to put water in the stream to
existing water rights by replacing when a call has been placed, without prevent reductions in streamflow,
water used in a new project. Augmen- reducing water available to senior caused by pumping your wells, from
tation plans are usually required in water rights. affecting senior water rights. This
areas where there is a shortage of water allows the junior water right to keep
during part or all of the year. To You may be wondering how it is possi- pumping water when a “call” is placed.
determine whether or not you need an ble for wells to affect other water To obtain approval of an augmentation
augmentation plan, you should consult rights. To answer this question, we plan, you must make an application to
with the Division of Water Resources need to look at how ground water and the water court, which is often
office responsible for administering surface water interact. Water experts prepared by an attorney. The applica-
water in the area in which your project have known for some time that ground tion must explain exactly where the
will be located. water and surface water are usually water will be obtained, where water is
connected. The connection is through to be used, what it will be used for,
Some basics of water administration small openings between grains of sand, how much will be used, what the
will help in explaining what an aug- gravel, and even in some rocks, that source of augmentation water is, when
mentation plan is and what it is allows water to move through the and where augmentation water will be
intended to accomplish. As someone ground to and from streams. This is required, how much augmentation
contemplating providing water for a most evident in springs where water water is required, and how the
new project, you are considered a new can be seen seeping or flowing from augmentation plan will be operated.
water user. Your water right will be the sides of hills or road cuts. The The application should be supported by
“junior” (or later in time) to certain result of this connection is that an engineering analysis, usually pre-
other water rights, which have priority pumping a well will eventually cause pared by a water resources engineer,
over your use by virtue of past use of some reduction in the amount of water which shows how the water needs of
water and confirmation of this use by in nearby streams. This reduction in the project were determined and how
the water court. The priority protects streamflow can affect the amount of the new water use can occur without
these water rights which are, therefore, water available to water rights on that affecting senior water rights.
Page 13
What is an Augmentation Plan? (cont.)
You may contact the water courts in resource engineers may be found under Water attorneys, engineers and
their respective divisions to obtain Engineers-Water Supply. division personnel may be able to
information regarding the filing of provide some suggestions. Due to
applications with the court. Water Unfortunately, there is no comprehen- legal constraints, personnel from this
attorneys may be found in the yellow sive information available concerning office cannot act as your engineer or
pages under Attorneys-Water. Water sources or cost of augmentation water. attorney.
What Can I Do With That Spring On My Property?
What is a spring? Although the Colo- which would then be subject to rights are satisfied. A new water right
rado state statutes do not specifically administration in the priority system for a developed spring would be so
define a spring, a hydrologic definition with all other water rights. junior, that on an over-appropriated
is “a discharge of ground water on the drainage system, there may be few or
surface in sufficient quantities so as to If the spring development fails to meet no times of the year when water could
produce a current of flowing water.” the above conditions, it must be consid- be beneficially used from the spring. It
This office receives many calls regard- ered a well, which withdraws ground might seem then that it would be
ing springs. The typical caller states water, and all of the most advantageous to call the
that there is a flowing spring located laws associated with a structure a well, but that is not
on their property, and they would like well apply. If the necessarily true. A potential
to know if they could develop it and spring development problem is that if there is
put the water to some beneficial use. does meet the above already a well on the
One issue that quickly arises is conditions, it is not property, you may not be able
whether or not the spring is actually a mandatory that it be to obtain a permit to permit
well. A well is defined by statute as, considered a spring the spring as a well. Further-
“…any structure or device used for the subject to administra- more, even if there was no
purpose or with the effect of obtaining tion in priority. It is existing well on the property
ground water for beneficial use from the owner’s option to and you were able to obtain a
an aquifer.” A change in the law in either adjudicate the permit, in many areas of the
1995 provided an exception to the structure as a spring or state, the use of the water
definition of a well for certain limited permit it as a well. If would be limited to in-house
excavated spring developments of permitted as a well, the use only if the well were to be
natural springs. If the spring develop- owner must comply Spring near Buena Vista the only well on less than 35
ment meets the following conditions, it with the requirements acres. Additionally, use of a
is excluded from requiring a well of the Water Well Construction Rules shallow spring well as a water source
permit or compliance with the Water regarding well construction and for a residential dwelling raises
Well Construction Rules: variances thereto. questions about the quality of the water
and the dependability of the supply.
1. the structure or device used to Most of the state’s natural surface
capture or concentrate the natural drainage systems are over-appropriated Due to the various possibilities regard-
spring discharge must be located at by senior vested water rights. In ing spring development, each situation
or within 50 feet of such spring; simplistic terms, that means that there must be independently evaluated.
2. the structure or device used to are more decreed water rights claims on Therefore, we suggest you contact
capture or concentrate the natural the system than can be satisfied by the Ground Water Information of this
spring discharge must be no more physical amount of water available. office, at 303-866-3587, Monday
than ten feet below ground surface; Therefore, under the priority system through Friday, from 9:00 a.m. to 4:00
and (“first in time, first in right”), when the p.m., or the appropriate division office,
3. the owner must adjudicate (obtain a most senior rights are making a call for for more specific information regard-
water right through the water court) water, the most junior rights have to ing spring development (see Contact
the structure or device as a spring, curtail diverting until the calling senior Information on the back of this guide).
Page 14
Can I Build a Fishpond?
You may be thinking how nice it on the system than can be satisfied by Water Information of this office at
would be to have a little scenic pond the physical amount of water available. 303-866-3587 for clarification.
stocked with a few fish on your Therefore, under the priority system
property, and may be wondering how (“first in time, first in right”), when the Impounding water above the natural
difficult this would be to accomplish. most senior rights are making a call for ground surface – The property owner
It would be simple enough to get a water, the most junior rights have to who wants to excavate a small pond
backhoe on the land, and excavate a curtail diverting until the calling senior may be thinking that the excavated
depression in the ground, suitable for rights are satisfied. A new storage material could easily be mounded up to
holding water. Surely creating a little right would be so junior, that in an form a dam with the intent to impound
pond couldn’t be much of a problem! over-appropriated drainage system, water behind it. Impounding of water
However, the following issues can above the natural ground surface
arise and must be addressed. constitutes the creation of a dam,
and opens up a whole new array of
Exposing ground water – When issues. There are specific statutes
excavating for a pond, there is the that address the construction of
possibility of exposing ground jurisdictional and non-
water, especially in areas with a jurisdictional dams, livestock
shallow water table. If this occurs, water tanks, and erosion control
by statutory definition, a well has dams. For more information on
been constructed. A well permit this subject, please refer to the
from the State Engineer would be website of the Division of Water
required, and all of the laws associ- Resources’ Dam Safety Branch at
ated with well construction and http://www.water.state.co.us/
ground water use apply (see section damsafety/dams.asp or contact the
titled, “Glossary of Terms” for a branch by telephone at
definition of Well in this guide). If Pond in Wet Mountain Valley 303-866-3581.
the pond is in an over-appropriated
area of the state, a permit would not be there may be few or no times of the In summary, there are a number of
issued unless the pond well was year when water could be legally issues that must be addressed with
operated pursuant to a court-approved diverted in priority into the pond. To regard to building a fishpond. There-
plan for augmentation, to offset all overcome this problem, a court- fore, it is imperative that these issues
depletions caused by evaporative approved plan for augmentation would are addressed prior to construction.
losses of water from the pond, as well be required. Ponds built on stream Ponds that are out of compliance with
as any other consumptive uses of water channels in over-appropriated areas state statutes and rules and regulations
(see section of this guide titled, “What must be capable of passing all incom- are subject to orders being issued by
is an Augmentation Plan” for more ing flows, having their water levels the State Engineer to drain the pond or
information on plans for augmenta- regulated, and of being completely other measures taken to bring the
tion). Developing plans for augmenta- drainable. If the pond is determined to structure into compliance with state
tion can be difficult and costly, and be a well, a storage right cannot be law.
will normally require the services of a granted. If a pond is lined and the
water resource consulting engineer and liner is approved by the State Engi-
water attorney. neer, the pond would be allowed to
store water and obtain a water right.
Storage rights – In order to store water
in a pond, a water storage right must be Filling ponds with ground water -
obtained from the water court (see sec- Filling a pond from a well is not
tions of this guide titled, “Water Rights allowed unless the approved uses of
in Colorado” and “How do I Obtain a the well specifically allow this use.
Water Right?” for more information). Most wells cannot lawfully be used
Most of the state’s natural surface for pond filling. The well permit
drainage systems are over-appropriated should be referred to for specific
by senior vested water rights. In uses allowed. If there is any ques-
simplistic terms, this means that there tion as to the allowed uses from a Backyard fish pond
are more decreed water rights claims well, you should contact Ground
Page 15
Water Rights in Colorado
Water rights in Colorado are unique of water. When the stream is carrying 1850’s, and most of the stream systems
compared to parts of the eastern United five cfs of water or more, all of the have been over-appropriated, meaning
States. The use of water in this state rights on this stream can be fulfilled. that at some or all times of the year, a
and other western states is governed by However, when the stream is carrying call for water by a senior appropriator
what is known as the prior appropria- only three cfs of water, priority number is not being satisfied since the 1890’s.
tion system. This system of water three will not receive any water, with The example above does, however,
allocation controls who uses how much priority number two receiving only half describe the basic theory behind the
water, the types of uses allowed, and of their right. Priority number one will system.
when those waters can be used. receive their full amount of two cfs
under this scenario. This process of How does this affect you? Practically
A simplified way to explain this sys- allocating water to various water users speaking, it means that in most river
tem is often referred to as the priority is traditionally referred to as water drainages, a person cannot obtain an
system or "first in time, first in right." rights administration, and is the respon- underground water right or non-exempt
An appropriation is made when an sibility of the Division of Water well without a plan for augmentation
individual physically takes water from Resources. that replaces the depletions associated
a stream or well (when legally avail- with that diversion. Surface water
able) and puts that water to some type appropriations may still be allowed if
of beneficial use. The first person to they can be physically shut off when a
appropriate water and apply that water senior water right is calling for water.
to use has the first right to that water Domestic surface water rights (ditches
within a particular stream system. This or pipelines), that do not have augmen-
person, after receiving a court decree tation or sources of water replacement,
verifying their priority status, then be- are discouraged in over-appropriated
comes the senior water right holder basins. To do so would place the rights
and that water right must be satisfied of existing water users on a stream
before any other water rights are filled. system in competition with new hous-
ing developments that need a reliable
For example, three water users exist on source of water to meet their daily
a stream system with adjudicated Diversion Structure on Crystal Creek household needs. For the most part,
(court approved) water rights totaling only small residential and livestock
five cfs (cubic feet per second). The wells are exempt from water rights
user with the earliest priority date has a Of course, the appropriation system is administration that meet strict criteria
decree for two cfs, the second priority much more complicated than this. set forth by the legislature and are
has a right for two cfs, and the third Some priorities on major stream allowed to be drilled without providing
priority right has a decree for one cfs systems in Colorado date back to the for protection to senior water rights.
How Do I Obtain a Water Right?
In Colorado, the process for obtaining a water right is the diversion point, or filing for a well permit application can
complex, oftentimes requiring a water lawyer and/or water be considered sufficient physical notice of the intent to
resource engineer to assist in the process. This guideline is appropriate.
provided to give you a general idea of the process. It is not
intended to replace professional legal or engineering advice. After this has been accomplished, it is advised to file a water
In most cases, it is recommended that you seek the assistance right application with the water court in the river basin in
of an attorney. which the diversion or proposed diversion exists to verify
your place in line within the priority system. Forms for water
In order to initiate an appropriation in Colorado, the user rights applications can be obtained from Bradford Publishing,
must first show an intent to divert water, put the water to located in Denver, from the specific water court, or from the
beneficial use, and demonstrate the intent to divert in an open, website http://www.courts.state.co.us. The fees for filing
physical manner. The physical act must be sufficient to put applications or opposition in the court are:
other parties on notice. Oftentimes, field surveys, posting at
Page 16
How Do I Obtain a Water Right? (cont.)
Application for surface water right .............................$156.00 oppose your application, and so on.
Application for ground water right .............................$156.00
Application for change in water right .........................$311.00 The Division Engineer of the water division in which the
Application for approval of plan for augmentation.....$311.00 court application was filed will review the application. The
Protest to Referee’s Ruling (if not already party) .........$70.00 Division Engineer will have staff perform a field investiga-
Statement of Opposition ...............................................$90.00 tion to verify the claims made on the application. These
investigations are routinely conducted by the local water
The water courts are District Courts that hear matters related commissioners who work under the direction of the Division
solely to water. The Colorado Supreme Court appoints the Engineer. Upon completion of the investigation, the Division
water judges for each of these courts. Engineer will submit a written consultation to the water court
stating his or her recommendations on the
Upon filing your application application.
with a court, it is then
published in a monthly resume. Assuming there is no opposition to your
Your application will also be application, the matter usually goes before the
noticed in local newspapers water referee. The water referee is an
deemed proper for legal publi- employee of the court that rules on most of
cation. Each court varies the cases prior to final review by a water
somewhat in the publication judge. After the referee has reviewed your
procedures and, in many application, asked for further information and
instances, you will have to clarification from you, and received a consul-
write your own legal notice tation from the Division Engineer as to his or
and will be billed for any and her recommendations on the application, the
all publication costs. You referee will issue what is known as a ruling.
should contact the water court Water Rights Administration on East River If any party disagrees with the decision, they
clerk prior to filing to obtain may file a protest to the referee's ruling. If no
specific information as to publication procedures (see Contact protest is filed, the matter goes to the judge and he/she signs
Information on the back of this guide). the ruling, making it a decree of the court.
Once the application is filed and published in the newspapers If the matter is protested, the case may go before the water
and resume, parties who may have concerns regarding your judge for trial unless the parties can reach agreement on any
application have two months to oppose the application and contested issues. If the case goes to trial, the judge will set
file a statement of opposition with the water court. For the matter for hearing and decide whether or not the applica-
example, if your application is received by the water court tion should be granted. Should any party participating in the
any time between April 1 and April 30, the resume listing case be dissatisfied with the judge’s ruling, they can then
your application will be published during May and parties appeal directly to the Colorado Supreme Court. The total
have until the last business day in June to oppose that time required for this process varies anywhere from four
application. For applications filed with the court in May, months to two years, depending on the complexity of the
parties would have until the last business day in July to case.
Glossary of Terms
Abandonment of water right: the termination of a water beneficial use. See definition for conditional water right.
right in whole or in part, resulting from the intent of the Acre-foot: the volume of water equivalent to covering one
owner to permanently discontinue its use. A conditional acre of land to a depth of one foot; equal to 43,560 cubic feet
water right may also be terminated by failure on the part of or 325,851 gallons.
the owner to develop it with reasonable diligence until
absolute, or to make filings to the water court every six years Adjudication: the judicial process through which the
showing due diligence has been made towards perfecting the existence of a water right is confirmed by decree of the water
water right. court.
Absolute water right: a water right that has been put to a Appropriation: the right to take a certain portion of the
Page 17
Glossary of Terms (continued)
waters of the state to be put to beneficial use. The specific been made toward completion of the project. Once the right
quantity and rate of flow may be confirmed by a water court has been placed to beneficial use, the holder of the condi-
decree. tional right must then ask the court to make it an absolute
Aquifer: a formation, group of formations or part of a forma- water right. See definition for Absolute water right.
tion containing sufficient saturated permeable (able to pass Consumptive use: the amount of water that is lost to the
through) material that could yield a sufficient quantity of stream system, for example, through crop consumption or
water that may be extracted and put to beneficial use. evaporation, when applying water to beneficial uses.
Augmentation plan: a way for junior appropriators to obtain Cubic feet per second: a rate of flow of water passing a
water supplies through terms and conditions approved by a given point each second of time, amounting to one cubic foot.
water court that protects senior water rights from the This is equal to 7.48 gallons per second, 448.8 gallons per
depletions caused by the new diversions. It typically will minute or approximately two acre-feet per day.
involve storing junior water when in priority and releasing Decree: an official document issued by the water court
that water when a call comes on, purchasing stored water to including, but not limited to, the priority date, amount, use,
release when a river call comes on, or purchasing senior and location of the water right.
irrigation water rights and changing the use of those rights to
offset the new users’ injury to the stream. (Note: These Depletion: the withdrawal of water from a surface or ground
plans can be very complex and it is suggested that an engi- water stream or basin at a rate greater than the rate of
neering consultant be hired to allow for proper consideration replenishment. Depletion is determined for a system by
of all hydrologic and water rights factors.) subtracting system outflows from system inflows.
Augmentation water: water that is Designated ground water: ground water
added, left, or replaced in a stream that, in its natural course, is not available to
system to offset out-of-priority or required for the fulfillment of decreed
diversions. surface rights, or ground water in areas
not adjacent to a continuously flowing
Beneficial use: the use of a reasonable natural stream, wherein ground water with-
amount of water necessary to accom- drawals have constituted the principal wa-
plish the purpose of the appropriation ter usage for at least 15 years preceding the
without waste. Some common types of date of the first hearing on the proposed
beneficial use are: domestic, household designation of the basin, and which is
use, irrigation, municipal, wildlife, within the geographic boundaries of a
recreation, and mining. designated ground water basin.
Call: a request by a water right appro-
Arch Ditch Diversion Structure Designated ground water basins or
priator that more junior water rights on “designated basins”: those areas of the
the same drainage system curtail their state established by the Ground Water Commission in accor-
diversions of water to the extent necessary, such that suffi- dance with Section 37-90-106, CRS. The designated basins
cient water is made available to satisfy the senior water right are located in the Front Range and in eastern Colorado.
placing the call. Such calls are administered by the Division There are currently eight designated basins (see section of
Engineer and staff for the division in which the call was this guide titled, “How do I Obtain a Water Well Permit
placed. Within a Designated Basin?” for more information).
Change of water right: any change in any way that a water Diversion: to divert and control water from its natural course
right is used. It can be changed in type, place or time of use, by means of a structure.
point of diversion, adding points of diversion, etc. It is not
considered a change in use if a farmer changes the type of Division Engineer: the State Engineer’s principal water
crop grown or the type of irrigation method. Changes of official in each of the seven water divisions (also see glossary
water rights must be approved by the water court to assure terms, State Engineer and Water divisions).
that no injury occurs to other water rights. Exempt uses: any recognized uses that are not subject to
Conditional water right: a water right obtained through the administration under the priority system. For further infor-
water court where the water has not been placed to a benefi- mation, see Sections 37-92-602 and 37-90-105, CRS.
cial use. It gives the holder of that right time to complete a Exempt well: a well allowed to be used for exempt uses. For
project as long as they diligently pursue completion of the further information, see Sections 37-92-602 and 37-90-105,
project. Every six years, the court reviews what progress has CRS.
Page 18
Glossary of Terms (continued)
Ground water: any water not visible on the surface of the surface water drainage system that has more decreed water
ground under natural conditions. rights claims on the system than can be satisfied by the physi-
Ground Water Commission: a twelve-member body created cal supply of water available.
by the Legislature, nine of which are appointed by the Gover- Potability: a reference to water that does not contain pollu-
nor to carry out and enforce the state statutes, rules and tion, contamination, or infective agents, and is considered to
regulations, decisions, orders and policies of the Commis- be safe for human consumption.
sion, dealing with designated ground water (see section of Priority: the right of a senior water rights holder to divert
this guide titled, “How Do I Obtain a Water Well Permit water before a junior water rights holder from a common
Within a Designated Basin?” for more information). source. Priority is based on both the appropriation date and
Ground water management district: any district organized adjudication date of a water right, as confirmed by the water
under Section 37-90-118 to 37-90-135, CRS, for the purpose court.
of consulting with the Ground Water Commission on all Recharge area: reservoirs and ditches that are designed to
designated ground water matters within a particular district. replenish groundwater depletions, due to out-of-priority
There are currently 13 districts (see section of this guide diversions, by artificially introducing water into the ground
titled, “How Do I Obtain a Water Well Permit Within a water aquifer.
Designated Basin?” for more information).
Resume: a monthly publication by the water court of a
Irrigation year: the irrigation year for the purposes of re- summary of water rights applications filed in the water court
cording annual diversions of water for irrigation in Colorado that month.
begins November 1 and ends on October 31 of each year.
River basin: the land area and water catchment surrounding
Junior water right: a relative term describing a water right a river from its headwaters to its mouth.
with a priority less than that of a “senior right” from a
common source of water. River call: usually a written document filed with the
Division Engineer stating that, as of a certain date and time, a
Native waters: surface and underground waters naturally water right holder is not receiving all of the water they are
occurring in a watershed. entitled to by decree, and are requesting that the Division
Non-consumptive: uses that do not reduce the quantity of Engineer shut down all upstream water rights junior to them
water available to the stream system. until their senior right is satisfied.
Non-exempt uses: any recognized beneficial uses of water Senior water right: a relative term describing a water right
that are administered under the priority system. For further with a priority greater than that of a “junior right” from a
information, see Sections 37-90-137 and 37-90-107, CRS. common source of water.
Non-exempt well: a well allowed to be used for non-exempt State Engineer: the Governor-appointed chief state water
uses. official in charge of administering the waters of the state.
Non-native waters: waters imported or not originally Structure: any apparatus constructed to divert water, such as
hydrologically connected to a watershed or drainage basin a headgate, pipe, or well.
physically or by statute; non-tributary ground water and Transmountain diversions: water that is diverted from one
transmountain water are non-native. watershed to another across the Continental Divide.
Nontributary ground water: ground water located outside
the boundaries of any designated ground water basin, where Standard Water Use Rates
the withdrawal of this ground water by a well will not, within ♦ Each ordinary household use: 0.3 acre-foot per year
100 years, deplete the flow of a natural stream at an annual
♦ Use for four large domestic animals: 0.05 acre-foot per
rate greater than one-tenth of one percent of the annual rate of year
withdrawal. ♦ Use for each 1,000 square feet of lawn irrigation: 0.05
Not Nontributary ground water: ground water located acre-foot per year
within those portions of the Dawson, Denver, Arapahoe, and Water Conversions
Laramie-Fox Hills aquifers that are outside of any designated ♦ 1 cfs (cubic feet per second): 646,560 gallons per day
ground water basin in existence on January 1, 1985, the with- (gpd); 449 gallons per minute (gpm)
drawal of which will, within 100 years, deplete the flow of a Per 24 hours: 1.983 acre-feet (AF)
natural stream at an annual rate greater than one-tenth of one ♦ 1 acre-foot: 325,851 gallons
percent of the annual rate of withdrawal. ♦ 1 cubic foot: 7.48 gallons
Over-appropriated: a water rights term used to describe a
Page 19
Glossary of Terms (continued)
Tributary water: water that is hydrologically connected to a drainages. The seven divisions are: Division 1-South Platte
natural stream system either by surface or underground flows. River Basin; Division 2-Arkansas River Basin; Division
User supplied data: data or records of water uses provided 3-Rio Grande River Basin; Division 4-Gunnison River Basin;
by an owner/user that has not been verified by state officials. Division 5-Colorado River Basin; Division 6-Yampa/White
River Basins; Division 7-San Juan/Dolores River Basins.
Water commissioner: state water official, appointed by the
State Engineer and working under the direction of the Water right: a property right that is either conditional or
Division Engineers, who performs the day-to-day administra- absolute and conveys the right to use a particular amount of
tion of surface and ground water in each water district (also water, with a specified priority date as confirmed by the
see glossary terms, Division Engineer, State Engineer, Water water court, or by the Ground Water Commission if within
districts, Water divisions). the designated ground water basins (also see glossary terms,
Absolute water right and Conditional water right).
Water Court: a district court that hears matters related to
water. To obtain a judicially recognized water right, change Well: any structure or device used for the purpose, or with
a water right or obtain an augmentation plan, requesting the effect, of obtaining ground water for beneficial use from
persons or entities file applications with one of these courts an aquifer. Additionally, any test hole or other excavation
and the court will issue a decree or order. that is drilled, cored, bored, washed, fractured, driven, dug,
jetted, or otherwise constructed, when the intended use of
Water districts: eighty geographical divisions of the state such excavation is for the location, monitoring, dewatering,
that were originally used for the granting of water rights. The observation, diversion, artificial recharge, or acquisition of
districts are now largely used for administrative purposes. ground water, or for conducting pumping equipment or
Water divisions: the seven geographical areas of the state of aquifer tests.
Colorado corresponding to the major natural surface water
Contact Information
Colorado Division of Water Resources, 1313 Sherman Street, Suite 818, Denver, CO 80203
Website: http://www.water.state.co.us
Denver Office:
Main Number: 303-866-3581 Fax: 303-866-3589 (24 hours a day)
Ground Water Information: 303-866-3587 Public hours: 9:00 a.m. – 4:00 p.m.
Records Section: 303-866-3447 Public hours: 9:00 a.m. – 4:00 p.m.
Fax: 303-866-2223 (24 hours a day)
Water Division Office Water Court
Division Location River Basin Phone # Phone #
1 Greeley South Platte 970-352-8712 970-351-7300 ext. 5402
2 Pueblo Arkansas 719-542-3368 719-583-7048
3 Alamosa Rio Grande 719-589-6683 719-589-4996
4 Montrose Gunnison 970-249-6622 970-252-4335
5 Glenwood Colorado 970-945-5665 970-945-8109 or 5075
6 Steamboat Yampa/White* 970-879-0272 970-879-5020
7 Durango San Juan / Dolores 970-247-1845 970-247-2304 ext. 115
* The White River Basin is located in Division 6, but water rights are decreed by the Division 5 Water Court
Colorado State Capitol Building, Denver
Note: This document is provided as a public service and describes the process for obtaining a water right
in broad, general parameters. It is not intended to substitute as legal advice. You should consult an attor-
ney and/or engineer prior to initiating the actions described in this guide.
Original publication date: June 2002
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