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ALL WATER IS ALREADY OWNED BY SOMEONE
(falling from the sky, on top of the ground, or under the surface)
Beginning in 1868, Colorado holds the unique distinction of being the first state to provide for the distribution of water by public officials. The first water rights were recognized within the counties of Costilla, Conejos, Huerfano, and Las Animas in southern Colorado.
The Colorado Ground Water Management Act of 1965 provided for the formation of management districts which were empowered to regulate the spacing of wells in designated basins and set limits on production rates to minimize the lowering of water tables.
Colorado Water Rights History
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Just because a spring or running water exist on a property, the property owner does NOT automatically have the right to use or divert the water.
Even if the water has been used for numerous years, it does not mean the right to do so exists.
Furthermore, and more importantly, you cannot build a pond, lake, or install a water capturing holding tank without owning water rights or obtaining legal authority to do.
Note: Confirm all information and claims by property owners, sellers, and real estate agents with the State of Colorado Division of Water Resources. Better safe than sorry. |
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Colorado water law provides for the approval of various types of well permits, depending on the size of the land parcel, the intended use of the water, and the possibility of injury to other water rights.
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Generally, only one permit will be issued for a single land parcel.
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At last check, the application fee for a new water well permit is $100.00.
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Types
of Water Wells |
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DOMESTIC
WELL PERMITS are generally
available to property owners
who have 35 acres or more.
This permit allows up to
three homes to be served,
allows the irrigation of up
to one acre of lawn and
garden, and allows the
watering of stock. The
maximum legal pumping rate
for these wells is 15
gallons per minute (gpm). |
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HOUSEHOLD-USE-ONLY WELL
PERMITS
are generally available on
tracts of land of less than
35 acres. One of two
provisions regarding the
parcel or lot must be met.
Either the particular tract
of land must have been in
legal existence prior to
June 1, 1972, or if created
after that date, the parcel
must have been granted a
subdivision exemption by the
County Commissioners. In
either case, documentary
proof must be provided with
the well permit application.
Only one home may be served
and no outside use of water
is permitted. The maximum
pumping rate is 15 gpm. |
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STOCK
WATERING WELL PERMITS may
generally be obtained on
parcels of 35 acres or more
and are used for the
watering of livestock on
farms and ranches. These
wells are also limited to 15 gpm. These wells may not be
used to serve stockyards or
feedlots, which are
considered non-exempt
commercial uses. |
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Links for Additional Info

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Licensed Contractors
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Well drillers and pump
installers in Colorado
are required to maintain a
current license.
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