Water Rights

In Colorado, the water allocation system was derived from the practice of filing mine claims and is based on the concept of “first in time, first in right.”The first person to occupy a site established a legal claim to mining rights on that site.Similarly, the first person to put water to beneficial use established the highest priority for water use. Under the Colorado Constitution, water rights are property rights, created by using unappropriated available water for a beneficial purpose.Therefore, a water right can be bought and sold like property.A priority is a date associated with a water right.The earlier the date of appropriation, the more seniority the right receives.During times of water shortage, junior rights are curtailed until senior rights are satisfied.Water rights are appropriated in Colorado Water Court. Much of Elbert County, with the exception of the northeast and southeast portions of the county, is located within the geographic boundaries of a designated groundwater basin (Kiowa Bijou and Upper Big Sandy).The Colorado Ground Water Commission and the State Engineer have the authority for the administration and control of designated ground water.The Ground Water Commission is responsible for issuing well permits and appropriating water rights in these areas.Water Courts have no authority over designated groundwater. In order to construct a well in Colorado, a person must obtain a well permit from the State Engineer’s Office.It is important to realize that a well permit is not a water right, and does not give the holder the authority to use an unlimited supply of water.Pumping of waters from the Denver Basin aquifers may cause depletions in the overlying alluvial aquifer, thereby affecting the water rights of others.For this reason terms and conditions may be imposed on well permits. There are several types of well permits issued, and each permit will specify the permissible uses of the water.You should check with the Colorado Division of Water Resources to determine the conditions of your well permit.Because Colorado did not require permits for wells constructed before May 8, 1972, the Division may not have a permit on file. The majority of well permits in Elbert County are for domestic use.Domestic wells may be used to supply up to three single-family homes, allow for irrigation of up to 1 acre of land, and can be used for outdoor watering of animals.The household only permit gives the property owner the right to use water inside the home.This type of permit does not allow for the outside watering of lawns, gardens, or livestock.

Ask Questions Before Buying What are the permitted uses of the well? Do you have a record of water quality test results? Are there any existing abandoned wells on the property that are not properly sealed? How old is the well and where is it located? Do you have a copy of the well drillers log and pump installers report? How old is the septic system and where is it located? Do you have a record of inspection and receipts showing when the tank has been pumped? Do you mind having the well tested for quality and quantity before signing the contract?

Most of the surface water in Elbert County, is dedicated to senior rights in the Platte drainage, only a small amount is retained within the County.However, a large amount of the designated ground water within the county is available for appropriation.When applying for water rights in a designated ground water basin, the applicant must demonstrate ownership of the overlying land, or consent of the overlying landowner as evidenced by a completed consent statement.The Colorado Groundwater Commission will determine if the application can be given favorable consideration.If granted, the Commission will determine any conditions such as the amount of water that can be appropriated and the beneficial uses of the water.