Contributed
by Elizabeth Craig, Jim
Smith Realty
Prior to the construction of a well by a
licensed driller or the appropriation of groundwater, a well
permit must be obtained from the Colorado Division of Water
Resources. The “legal” availability of water determines
which type of permit is appropriate for a parcel of land.
This article concerns those residential wells that are 1)
exempt from rules and regulations regarding water administration
and 2) are issued with a presumption of non-injury to senior
water rights.
Residential Wells - This permit is issued for land parcels
located in non-over appropriated stream basins, and allows
the appropriation of water for up to three single-family residences,
irrigation of up to one acre and the watering of noncommercial
livestock.
Household Use Only Wells - This permit is for parcels smaller
than 35 acres, located in overap-propriated steam basins.
Upper Stollsteimer Creek, Devil Creek, and the Rio Blanco
upstream of Blanco Basin Road are over appropriated drainages
in this area. The water is to be used for ordinary household
use inside one single-family dwelling. No outside uses are
permitted, including watering of landscape or noncommercial
livestock. However, for tracts of land located in an over
appropriated drainage, greater in size than 35 acres, a residential
permit, which allows lawn and garden irrigation and watering
of noncommercial livestock, may be obtained.
Property owners should not assume they can automatically get
a well permit. Some permits are denied if the well would cause
injury to another vested water right. Wells constructed without
a permit or by non-licensed contractors would be considered
illegal wells and the owner would probably be ordered to plug
and abandon the well.
Further information can be obtained by contacting the Colorado
Division of Water Resources located at 468 Pagosa Street,
Suite B, Pagosa Springs, CO. 81147, 970-264-4241.
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