Development reportOctober 17, 2026

Medicine Bow Rd, Aspen

  • Pitkin County
  • Colorado
  • 1.79 acres
  • Parcel 264320102001

Legal Subdivision: BRUSH CREEK VILLAGE Block: 9 Lot: 5 FILING 1

For the engineer or attorney on a project: how many homes the water supports, the paths to more, and the filings, with the rule behind each answer.

At a glance

  • 3settled
  • 3likely
  1. Likely How many homes can this land support on water? Likely set by Brush Creek WD
  2. Settled Which water paths exist, ranked by cost and time? Three paths, simplest first
  3. Likely Is there a water provider that could serve it? Likely inside Brush Creek WD's service area
  4. Settled What will the county require to approve it? Pitkin County's water standard
  5. Likely Who's likely to object? Likely objectors, 29 parties opposed 35 water court applications within 5 mi since 2016
  6. Settled What's the timeline and the permit list? Start with service from Brush Creek WD under a will-serve letter

The development questions

How many homes can this land support on water?

Estimated from nearby records Likely

Likely set by Brush Creek WD

The parcel appears to be inside its estimated service area, so the home count is what its will-serve letter commits to.

Why, who decides and sources

Why

Inside a provider's area the water comes from the provider; a well is the exception.

Who decides

Brush Creek WD, through a will-serve letter; then Pitkin County for density.

Sources

Law

  • C.R.S. 37-92-602(3)(b)(II)(A)
    a presumption of no material injury where the well "will be the only well on a residential site, which well will be used solely for ordinary household purposes inside a single-family dwelling and will not be used for irrigation or will be the only well on a tract of land of thirty-five acres or more or will be the only well on a cluster development lot"
  • C.R.S. 37-92-602(3)(b)(III)
    if the well "will be located in a subdivision, as defined in section 30-28-101 (10), and approved on or after June 1, 1972, pursuant to article 28 of title 30, for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury."
  • DWR Guideline 2023-1 (Amended) §1.1
    permits under the presumption "on parcels less than 35 acres, which are not on parcels created through a cluster development, are limited to ordinary household purposes inside one single-family dwelling, with no allowed outdoor uses." "Only one exempt well permit issued pursuant to section 37-92-602(3)(b)(II)(A) for production purposes ... may be issued per legal parcel, cluster development lot, or tract of land of 35 acres or more."
  • DWR Guideline 2023-1 (Amended) §3
    uses never allowed on an exempt or small-capacity permit include "Filling or refilling a hot tub or swimming pool", event venues, bed and breakfasts, and "In-home daycares".
  • DWR White River guide (2025), use diagram
    not over-appropriated: "Regardless of property size: use in up to 3 single-family dwellings, the irrigation of up to 1 acre of home lawns and gardens, domestic animal watering, poultry watering, and/or livestock; OR indoor commercial use." And: "35-acre tracts which were platted as part of a subdivision are considered to be a part of that subdivision."
  • DWR Guideline 2003-5, Regarding the Use of Wells Within Water Service Areas, item E
    "If a proposed well will be in a known water service area that is served by a central system, we will not issue an exempt well permit unless accompanied by a letter from the supplier stating that they cannot provide water to the applicant or they do not object to the applicant obtaining a well permit within the water service area."

Records

Which water paths exist, ranked by cost and time?

State law decides this Settled

Three paths, simplest first

Service from Brush Creek WD under a will-serve letter; each is listed below with what it gives, the first step and who decides.

Why, who decides and sources

Why

Ordered by what each path requires, from a letter or a permit to a decree or a Commission determination; costs are not public and aren't guessed here.

The figures

  • 1. Service from Brush Creek WD under a will-serve letter. Gives as many homes as the provider commits to serve. First step: a will-serve letter request with the unit count. Decided by the provider's board.
  • 2. An exempt well only with Brush Creek WD's letter that it cannot or will not object to serving (DWR Guideline 2003-5, item E). Gives one well serving up to three homes. First step: the provider's letter, then a well permit application. Decided by DWR, with the provider's letter.
  • 3. A non-exempt well under a decreed augmentation plan (water court). Gives as many homes as the plan's replacement water covers. First step: an application for a plan for augmentation, with an engineer's report. Decided by the water court.

Who decides

The agency named for each path.

Sources

Law

  • DWR White River guide (2025)
    "If the well does or would not qualify for an exempt well permit and is determined to be non-exempt, the well must be covered by a State Engineer approved substitute water supply plan (SWSP) or court approved plan for augmentation."
  • C.R.S. 37-92-308(1)(c)(III)
    "the state engineer shall not have any authority in water division 1 to approve plans for, or to otherwise allow, the operation of wells, including augmentation wells, that cause out-of-priority depletions unless the wells are operated in accordance with plans for augmentation approved by the water judge or as allowed in this section."
  • C.R.S. 37-92-308(5)
    an SWSP for a new use with no court application is for "limited duration not to exceed five years"
  • DWR Policy 2003-2, item 2 (current; on DWR's guidance index, not revoked)
    "Requests for substitute water supply plans for providing domestic water within new or proposed residential subdivisions will not be granted because of the potential of the substitute water supply plan not being renewed and a permanent plan for augmentation not being approved by the water court."
  • Confined Aquifer New Use Rules (Division 3) Rule 6.B.2
    "the applicant for a new withdrawal of ground water from the Confined Aquifer must change the point of diversion of or permanently retire an existing vested water right or rights to withdraw ground water from the Confined Aquifer with historical withdrawals from the Confined Aquifer equal to the new, increased, or additional supply of ground water to be withdrawn from the Confined Aquifer."
  • Division 3 Withdrawal Rules Rule 13.2
    "The State Engineer determines that the groundwater supply in the region known as the Costilla Plain and shown on the attached Exhibit G is fully appropriated and there is no unappropriated groundwater available for appropriation without injury."
  • DWR Policy 2003-3 (Division 3, modified 2016)
    "applications for supplemental wells or alternate point of diversion wells will be denied until the applicant applies to the Division III Water Court in Alamosa for a change in water right and the court grants a decree that includes a finding of no material injury to other vested water rights."

Records

Is there a water provider that could serve it?

Estimated from nearby records Likely

Likely inside Brush Creek WD's service area

Why, who decides and sources

Why

The parcel falls within Brush Creek WD's published boundary (DOLA districts and EPA service areas).

Who decides

Brush Creek WD (a will-serve letter).

Sources

Law

  • DWR Guideline 2003-5, Regarding the Use of Wells Within Water Service Areas, item E
    "If a proposed well will be in a known water service area that is served by a central system, we will not issue an exempt well permit unless accompanied by a letter from the supplier stating that they cannot provide water to the applicant or they do not object to the applicant obtaining a well permit within the water service area."
  • C.R.S. 30-28-101(10)(b)
    "subdivision" does "not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners."
  • C.R.S. 29-20-303(1)
    "A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate."
  • C.R.S. 29-20-103(1)(b)
    "'Development permit' is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government."
  • DWR Policy 2011-1 (amended), item 1
    "If the well is in an over-appropriated basin and in a tributary source, or a not nontributary source in the Denver Basin, it shall be presumed to cause injury unless the well meets the requirements of subsection 37-92-602(3)(b)(IV)."
  • C.R.S. 30-28-136(3)
    neither the State Engineer's opinion nor the county's finding may "create any presumption concerning injury or noninjury to water rights"

Records

What will the county require to approve it?

From the public record Settled

Pitkin County's water standard

Water court decree (and augmentation plan if needed) required at conceptual subdivision submission (LUC 7-50-20(b)(3)). The State Engineer's opinion is advisory: the Board decides.

Why, who decides and sources

Why

Pitkin County's land use code sets the standard; the State Engineer reviews the water supply plan on referral.

Who decides

Pitkin County's board, after the State Engineer's referral letter.

Sources

Law

Records

Who's likely to object?

Estimated from nearby records Likely

Likely objectors, 29 parties opposed 35 water court applications within 5 mi since 2016

Led by Colorado Water Conservation Board (16 cases). Of the 59 oppositions nearby that have ended, 46 settled by stipulation.

Why, who decides and sources

Why

Statements of opposition filed in 35 water court cases within 5 mi since 2016, as DWR's records hold them. Beyond injury to their own water rights, they most often raise whether the replacement supply is enough, whether the water can and will be used and metering and accounting. Rights they name as at risk nearby: Snowmass Reservoir; Paradise Mesa Ditch; Recreational In-Channel Diversion (RICD) water right decreed in Case No. 10CW305; Ditch (case 22CW3044); Bionaz Ditch. Colorado Water Conservation Board wrote: "The proposed plan for augmentation and exchange may not replace out-of-priority depletions in the proper time, place, and amount, which could injure the CWCB's instream flow water rights."

Who decides

The water court, which hears the oppositions.

Sources

Law

  • see presented conditions
    The law is quoted once, on the condition that holds it.

Records

What's the timeline and the permit list?

State law decides this Settled

Start with service from Brush Creek WD under a will-serve letter

Timing: no statutory clock: the provider's commitment to serve comes first, then the county's plat review.

Why, who decides and sources

Why

The steps follow from the rulings above; the longest is usually the provider's commitment to serve.

Who decides

The agencies named in each step.

Sources

Law

  • C.R.S. 30-28-101(10)(b)
    "subdivision" does "not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners."
  • C.R.S. 29-20-303(1)
    "A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate."
  • C.R.S. 29-20-103(1)(b)
    "'Development permit' is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government."
  • DWR Policy 2011-1 (amended), item 1
    "If the well is in an over-appropriated basin and in a tributary source, or a not nontributary source in the Denver Basin, it shall be presumed to cause injury unless the well meets the requirements of subsection 37-92-602(3)(b)(IV)."
  • C.R.S. 30-28-136(3)
    neither the State Engineer's opinion nor the county's finding may "create any presumption concerning injury or noninjury to water rights"

Records

Filings and permits

  • Will-serve letter from Brush Creek WD.
  • Pitkin County water supply submittal, with the state water agency's letter or report where the county requires one.
  • Will-serve letter or commitment to serve from Brush Creek WD at the planned lot count.
  • Stipulation strategy for the parties who oppose nearby cases.

What the land carries

What water will I legally have on the day I close?

From the public record Settled

Permit 88643-F conveys with the parcel

Uses: domestic. Buyer's change in owner name form due within 63 days of closing.

Why, who decides and sources

Why

DWR's well records place permit 88643-F on this parcel, and a well permit belongs to the land it serves.

The figures

  • Domestic means household use for up to three homes, fire protection, watering poultry, domestic animals and livestock, and up to an acre of home gardens and lawns, at no more than 15 gallons a minute.
  • Well 10031621, Basalt Water Conservancy District allotment contract: When the property is sold the allotment contract must be assigned to the purchaser; notify the District at least 10 days before the sale ($550). Ask the Basalt Water Conservancy District (bwcd.org).

Who decides

DWR's well records, updated by the change-of-owner form filed after closing.

Sources

Law

  • C.R.S. 37-92-602(1)(b)
    "(1) This article, except for sections 37-92-201 and 37-92-202, does not apply to: ... (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings"
  • C.R.S. 38-30-102(3)(b)(I)
    "when a buyer of residential real estate enters into a transaction that results in the transfer of ownership of a small capacity well listed in section 37-90-105 (1)(a) or (1)(b) or a domestic exempt water well used for ordinary household purposes that is listed in section 37-92-602 (1)(b) or (1)(e), the buyer shall complete a change in owner name form for the well in compliance with section 37-90-143; except that, if an existing well has not yet been registered with the division, the buyer shall complete a registration of existing well form for the well within sixty-three days after closing the transaction."
  • C.R.S. 37-90-143(2)
    "any owner of an unexpired well permit issued pursuant to this article 90 or article 92 of this title 37 who changes a name or contact information from that on file with the state engineer shall file an update with the state engineer within sixty-three days after the date of the change, on a form prescribed by the state engineer."

Records

Can I get a household well, and what will it cost all in?

From the public record Settled

There's a well of record here under the permit; a new or replacement well needs its own DWR permit

Why, who decides and sources

Why

DWR's well records place the permit on this parcel, the same well the closing card names.

The figures

  • The 5 household wells drilled since 1990 within about half a mile of the lot's center mostly run 460 to 533 feet deep (typically 500 feet). Household wells within about a mile yield about 10 gallons a minute.
  • A household well at the typical depth likely costs about $42,000 all in, and $29,000 to $55,000 across those depths: drilling and casing, pump, tank and power, the permit and a water test. The range comes from contractor rates, 2025-26; a licensed driller's quote settles it.

Who decides

DWR, on any new or replacement well permit.

Sources

Law

  • C.R.S. 37-92-602(3)(b)(II)(A)
    a presumption of no material injury where the well "will be the only well on a residential site, which well will be used solely for ordinary household purposes inside a single-family dwelling and will not be used for irrigation or will be the only well on a tract of land of thirty-five acres or more or will be the only well on a cluster development lot"
  • C.R.S. 37-92-602(3)(b)(III)
    if the well "will be located in a subdivision, as defined in section 30-28-101 (10), and approved on or after June 1, 1972, pursuant to article 28 of title 30, for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury."
  • DWR Guideline 2023-1 (Amended) §1.1
    permits under the presumption "on parcels less than 35 acres, which are not on parcels created through a cluster development, are limited to ordinary household purposes inside one single-family dwelling, with no allowed outdoor uses." "Only one exempt well permit issued pursuant to section 37-92-602(3)(b)(II)(A) for production purposes ... may be issued per legal parcel, cluster development lot, or tract of land of 35 acres or more."
  • DWR Guideline 2023-1 (Amended) §3
    uses never allowed on an exempt or small-capacity permit include "Filling or refilling a hot tub or swimming pool", event venues, bed and breakfasts, and "In-home daycares".
  • DWR White River guide (2025), use diagram
    not over-appropriated: "Regardless of property size: use in up to 3 single-family dwellings, the irrigation of up to 1 acre of home lawns and gardens, domestic animal watering, poultry watering, and/or livestock; OR indoor commercial use." And: "35-acre tracts which were platted as part of a subdivision are considered to be a part of that subdivision."
  • DWR Guideline 2003-5, Regarding the Use of Wells Within Water Service Areas, item E
    "If a proposed well will be in a known water service area that is served by a central system, we will not issue an exempt well permit unless accompanied by a letter from the supplier stating that they cannot provide water to the applicant or they do not object to the applicant obtaining a well permit within the water service area."

Records

Can I keep animals, a garden, horses?

From the public record Settled

What the well's permit allows

Domestic; anything beyond that needs a different permit.

Why, who decides and sources

Why

A well may be used only as its permit allows; DWR's records place the permit on this parcel.

Who decides

DWR, on any change to the permit.

Sources

Law

  • C.R.S. 37-92-602(3)(b)(II)(A)
    a presumption of no material injury where the well "will be the only well on a residential site, which well will be used solely for ordinary household purposes inside a single-family dwelling and will not be used for irrigation or will be the only well on a tract of land of thirty-five acres or more or will be the only well on a cluster development lot"
  • C.R.S. 37-92-602(3)(b)(III)
    if the well "will be located in a subdivision, as defined in section 30-28-101 (10), and approved on or after June 1, 1972, pursuant to article 28 of title 30, for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury."
  • DWR Guideline 2023-1 (Amended) §1.1
    permits under the presumption "on parcels less than 35 acres, which are not on parcels created through a cluster development, are limited to ordinary household purposes inside one single-family dwelling, with no allowed outdoor uses." "Only one exempt well permit issued pursuant to section 37-92-602(3)(b)(II)(A) for production purposes ... may be issued per legal parcel, cluster development lot, or tract of land of 35 acres or more."
  • DWR Guideline 2023-1 (Amended) §3
    uses never allowed on an exempt or small-capacity permit include "Filling or refilling a hot tub or swimming pool", event venues, bed and breakfasts, and "In-home daycares".
  • DWR White River guide (2025), use diagram
    not over-appropriated: "Regardless of property size: use in up to 3 single-family dwellings, the irrigation of up to 1 acre of home lawns and gardens, domestic animal watering, poultry watering, and/or livestock; OR indoor commercial use." And: "35-acre tracts which were platted as part of a subdivision are considered to be a part of that subdivision."
  • DWR Guideline 2003-5, Regarding the Use of Wells Within Water Service Areas, item E
    "If a proposed well will be in a known water service area that is served by a central system, we will not issue an exempt well permit unless accompanied by a letter from the supplier stating that they cannot provide water to the applicant or they do not object to the applicant obtaining a well permit within the water service area."

Records

Is the groundwater holding up?

The record doesn't settle this Depends

It depends on the aquifer

No water-level record within 1 mi; 19 replacement permits within about 1 mi of the parcel center.

Why, who decides and sources

Why

DWR's water-level monitoring has no well close enough to this land.

Who decides

Nobody rules on this; a well test on the property is the best evidence.

Sources

Is it safe to drink?

Estimated from nearby records Likely

Likely

A USGS model (Ayotte and others, 2017) puts the chance a well here exceeds the arsenic limit of 10 µg/L at about 4% (range 3–5%). Fewer than three sampling sites within a mile; arsenic only.

Why this stays openNo public record shows what comes out of one private well, and no agency tests it for the owner, so this answer is the likely one from nearby records. Deciding document: a certified lab test of this well.

Why, who decides and sources

Why

Fewer than three groundwater sampling sites within a mile, so this rests on the USGS model of arsenic in domestic wells (Ayotte and others, 2017).

Who decides

A certified lab test of the well itself.

Sources

Can I build here, and on what water?

From the public record Settled

Domestic supply from the existing well

Why, who decides and sources

Why

The closing card names the well; Pitkin County checks the water when it issues the building permit.

The figures

  • The 5 household wells drilled since 1990 within about half a mile of the lot's center mostly run 460 to 533 feet deep (typically 500 feet). Household wells within about a mile yield about 10 gallons a minute.
  • A household well at the typical depth likely costs about $42,000 all in, and $29,000 to $55,000 across those depths: drilling and casing, pump, tank and power, the permit and a water test. The range comes from contractor rates, 2025-26; a licensed driller's quote settles it.

Who decides

Pitkin County, when it issues the building permit.

Sources

Can I split it later?

The record doesn't settle this Depends

It depends on Pitkin County's adequacy finding

Lots under 35 acres are a subdivision, with the State Engineer's opinion on referral.

Why, who decides and sources

Why

Lots under 35 acres need county approval, and Pitkin County weighs the State Engineer's opinion on the water.

Who decides

Pitkin County, after the State Engineer reviews the water supply plan.

Sources

Law

  • C.R.S. 30-28-136(3)
    neither the State Engineer's opinion nor the county's finding may "create any presumption concerning injury or noninjury to water rights"
  • C.R.S. 29-20-303(1)
    "A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate."
  • C.R.S. 30-28-101(10)(b)
    "subdivision" does "not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners."
  • C.R.S. 29-20-103(1)(b)
    "'Development permit' is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government."
  • DWR Policy 2011-1 (amended), item 1
    "If the well is in an over-appropriated basin and in a tributary source, or a not nontributary source in the Denver Basin, it shall be presumed to cause injury unless the well meets the requirements of subsection 37-92-602(3)(b)(IV)."

Records

Is anything about the water likely to change in the next five years?

From the public record Depends

It depends on whether decreed rights are acquired with the parcel

If they are, the next abandonment list, due by July 1, 2035 (Division 5), could name them. Section history: 1 right has no diversion recorded in ten years or more.

Why, who decides and sources

Why

The abandonment list names decreed water rights, and a household well permit is not a decreed right, so a well alone is not on it.

Who decides

The Division Engineer, who prepares the list, and the water court, which rules on protests.

Sources

What's land like this worth with water vs without?

From the public record Settled

Median $576,355 an acre with water against $1,108,094 an acre without

13 sales within 1 mi, 2021 and 2026.

Why, who decides and sources

Why

13 sales within 1 mile between 2021 and 2026, split by whether the property carried a well or water rights on record.

Who decides

The market; an appraiser gives the figure a lender will use.

Sources

The water rights on this parcel

Well

Well permit 88643-F

DWR's record ties this well to the parcel

Could I lose it, and by when?

From DWR's records Settled

Well built under the permit; the permit is in force

Why, who decides and sources

Why

DWR records the well under the permit as constructed.

The figures

  • Basalt Water Conservancy District allotment contract: Augmentation comes from the District's Ruedi and Green Mountain contract water; a well needs a valid permit with a working meter under the contract, and the District can withhold water for unpaid charges. Named in its own record: the well permit names plan case 02CW0077. Ask the Basalt Water Conservancy District (bwcd.org).

Who decides

DWR.

Sources

Law

  • C.R.S. 37-90-105(3)(e)(II)
    "Effective July 1, 2006, wells for which permits have been granted or may be granted shall be constructed within two years after the permit is issued, which time may be extended for successive years at the discretion of the state engineer for good cause shown."
  • HB25-1014 (2025), summary as enacted
    "The act extends the time frame for construction of a well to 2 years ... The act also removes the requirement that the commission or state engineer must mail a certified letter to the permit holder before a permit can be formally expired. The act allows the commission or state engineer to reinstate an expired permit if the applicant for reinstatement of the permit can show that the well was completed in a timely manner and submits a $30 fee."
  • DWR Guideline 2023-1 (Amended) §11
    A well must only be used for those uses listed on the well permit.

Records

How much water can I actually use or sell?

From DWR's records Settled

The permit, domestic

Why, who decides and sources

Why

The permit lists its uses: domestic.

Who decides

DWR, through the permit's conditions.

Sources

Law

  • C.R.S. 37-90-105(3)(e)(II)
    "Effective July 1, 2006, wells for which permits have been granted or may be granted shall be constructed within two years after the permit is issued, which time may be extended for successive years at the discretion of the state engineer for good cause shown."
  • HB25-1014 (2025), summary as enacted
    "The act extends the time frame for construction of a well to 2 years ... The act also removes the requirement that the commission or state engineer must mail a certified letter to the permit holder before a permit can be formally expired. The act allows the commission or state engineer to reinstate an expired permit if the applicant for reinstatement of the permit can show that the well was completed in a timely manner and submits a $30 fee."
  • DWR Guideline 2023-1 (Amended) §11
    A well must only be used for those uses listed on the well permit.

Records

How often will I get my water?

State law decides this Settled

Exempt household well; outside priority administration

Why, who decides and sources

Why

The permit lists its uses as domestic; the priority system doesn't administer wells like this.

Who decides

Colorado statute; DWR sets the permit's limits.

Sources

Law

  • C.R.S. 37-92-602(1)(b) (statute)
    "(1) This article, except for sections 37-92-201 and 37-92-202, does not apply to: ... (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings"
  • DWR Policy 2003-2, item 2
    "Requests for substitute water supply plans for providing domestic water within new or proposed residential subdivisions will not be granted because of the potential of the substitute water supply plan not being renewed and a permanent plan for augmentation not being approved by the water court. Under these circumstances, persons purchasing lots and constructing homes could potentially be faced with mandatory curtailment of their water source."
  • Arkansas Use Rules (95CW211) Rule 7
    "Acceptable plans shall be approved annually and shall include such terms and conditions as, in the opinion of the state and division engineers, are necessary to prevent injury to senior surface water rights in Colorado and depletions to usable Stateline flow."
  • C.R.S. 37-92-501(4)(c)
    "The state engineer shall not curtail underground water withdrawals from aquifers in division 3 that are included in a ground water management subdistrict ... if the withdrawals are made pursuant to a groundwater management plan adopted by the subdistrict that meets the requirements of paragraphs (a) and (b) of this subsection (4)."

Records

Is anyone filing nearby who could hurt me, and what's my objection deadline?

From the public record Settled

No open application naming this section in the Division 5 resume

Why, who decides and sources

Why

The monthly water court resumes show no application naming this section whose objection deadline is still ahead.

Who decides

The water court.

Sources

Law

  • C.R.S. 37-92-302(3)(a)
    "Not later than the fifteenth day of each month, the water clerk shall prepare a resume of all applications in the water division which have been filed in his office during the preceding month. The resume shall give the name and address of the applicant, a description of the water right or conditional water right involved, and a description of the ruling sought."
  • C.R.S. 37-92-302(1)(c)
    "Such statement of opposition must be filed by the last day of the second month following the month in which the application is filed."
  • C.R.S. 37-92-305(3)(a)
    "A change of water right, implementation of a rotational crop management contract, or plan for augmentation, including water exchange project, shall be approved if such change, contract, or plan will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right."

Records

Am I in compliance?

From DWR's records Settled

The permit's uses, domestic

Why, who decides and sources

Why

The permit lists the uses it allows.

Who decides

DWR.

Sources

Law

Records

What would it take to change its use or sell it?

State law decides this Settled

The permit serves this land and conveys with it

Why, who decides and sources

Why

A household well permit is issued for the land it serves.

The figures

  • Basalt Water Conservancy District allotment contract: When the property is sold the allotment contract must be assigned to the purchaser; notify the District at least 10 days before the sale ($550). Named in its own record: the well permit names plan case 02CW0077. Ask the Basalt Water Conservancy District (bwcd.org).

Who decides

DWR.

Sources

Law

  • C.R.S. 37-90-105(3)(e)(II)
    "Effective July 1, 2006, wells for which permits have been granted or may be granted shall be constructed within two years after the permit is issued, which time may be extended for successive years at the discretion of the state engineer for good cause shown."
  • HB25-1014 (2025), summary as enacted
    "The act extends the time frame for construction of a well to 2 years ... The act also removes the requirement that the commission or state engineer must mail a certified letter to the permit holder before a permit can be formally expired. The act allows the commission or state engineer to reinstate an expired permit if the applicant for reinstatement of the permit can show that the well was completed in a timely manner and submits a $30 fee."
  • DWR Guideline 2023-1 (Amended) §11
    A well must only be used for those uses listed on the well permit.

Records

This report reads the public record. It is not legal advice or a title search; who decides each question is named on its card.

On record

On this parcel and within 1 mile

Water rights
27
Absolute rights
26
Conditional rights
1
Oldest appropriation
1882
Well permits
195
Wells drilled
122
Typical household well depth (5 wells)
500ft
Median yield
10gpm
Structures
27
Storage
2.1acre-feet
Irrigated
26.9acres

Water rights nearby

27none on this parcel

Spring (WDID 3806246) WDID 3806246Brush Creek Aug 31, 1970 Adjudicated 1973 · Case W217244925.44072 0.003 CFS Domestic Absolute 0.06 mi
Spring (WDID 3806247) WDID 3806247Brush Creek Aug 31, 1970 Adjudicated 1973 · Case W217244925.44072 0.013 CFS Domestic Absolute 0.06 mi
Well (WDID 3805422) WDID 3805422Brush Creek Jul 18, 1972 Adjudicated 1974 · Case W225444759.00000 0.026 CFS Domestic Absolute 0.15 mi
Well (WDID 3805647) WDID 3805647Roaring Fork River Jun 29, 1975 Adjudicated 1976 · Case W325645835.00000 0.033 CFS Household use only Absolute 0.15 mi
Well (WDID 3805542) WDID 3805542Brush Creek May 1, 1973 Adjudicated 1976 · Case W289446020.45046 0.033 CFS Domestic Absolute 0.29 mi
Well (WDID 3805397) WDID 3805397Roaring Fork River Aug 29, 1973 Adjudicated 1976 · Case W325745166.00000 0.026 CFS Household use only Absolute 0.33 mi
Well (WDID 3805850) WDID 3805850Brush Creek Jun 9, 1976 Adjudicated 1977 · Case W335046181.00000 0.033 CFS Domestic Absolute 0.35 mi
Well (WDID 3805465) WDID 3805465Brush Creek Jun 12, 1975 Adjudicated 1975 · Case W278945818.00000 0.033 CFS Domestic Absolute 0.38 mi
Well (WDID 3805066) WDID 3805066Brush Creek May 15, 1980 Adjudicated 1982 · Case 82CW010247617.00000 0.033 CFS Domestic Absolute 0.38 mi
Ditch (WDID 3801362) WDID 3801362Brush Creek May 1, 1978 Adjudicated 1979 · Case 87CW031147116.46872 0.033 CFS Irrigation, Fishery, Domestic Structure no longer exists 0.54 mi
Reservoir (WDID 3803943) WDID 3803943Brush Creek May 1, 1978 Adjudicated 1979 · Case 87CW031147116.46872 2 acre-feet Irrigation, Recreation, Fishery, Domestic, Stock, Wildlife Structure no longer exists 0.54 mi
Well (WDID 3805547) WDID 3805547Brush Creek May 12, 1972 Adjudicated 1975 · Case W267744692.00000 0.033 CFS Domestic Absolute 0.62 mi
Well (WDID 3805869) WDID 3805869Roaring Fork River Jun 26, 1973 Adjudicated 1977 · Case W330945102.00000 0.033 CFS Household use only Absolute 0.65 mi
Well (WDID 3805890) WDID 3805890Brush Creek May 11, 1967 Adjudicated 1972 · Case W085342864.00000 0.11 CFS Irrigation, Domestic Partly abandoned 0.71 mi
Well (WDID 3806320) WDID 3806320Brush Creek Aug 29, 1988 Adjudicated 1988 · Case 88CW030850645.00000 0.033 CFS Domestic Absolute 0.80 mi
Ditch (WDID 3801242) WDID 3801242Brush Creek May 2, 1883 Adjudicated May 11, 1889 · Case 88CW033812175.00000 0.38 CFS Irrigation Absolute 0.90 mi
Ditch (WDID 3801242) WDID 3801242Brush Creek Jun 20, 1885 Adjudicated May 11, 1889 · Case 88CW033812955.00000 0.53 CFS Irrigation Absolute 0.90 mi
Ditch (WDID 3801242) WDID 3801242Brush Creek Jun 5, 1886 Adjudicated May 11, 1889 · Case 88CW033813305.00000 1.13 CFS Irrigation Absolute 0.90 mi
Reservoir (WDID 3804367) WDID 3804367Brush Creek Apr 1, 1979 Adjudicated 1988 · Case 88CW042850403.47207 0.1 acre-feet Irrigation Structure no longer exists 0.90 mi
Well (WDID 3805507) WDID 3805507Brush Creek Jun 25, 1969 Adjudicated 1977 · Case W337443640.00000 0.033 CFS Domestic Absolute 0.90 mi
Ditch (WDID 3800556) WDID 3800556Brush Creek Oct 3, 1882 Adjudicated May 11, 1889 · Case CA013211964.00000 2.728 CFS Irrigation, Recreation, Fishery, Stock, Augmentation, Other Absolute 0.97 mi
Ditch (WDID 3800556) WDID 3800556Brush Creek May 20, 1885 Adjudicated May 11, 1889 · Case CA013212924.00000 2.728 CFS Irrigation, Recreation, Fishery, Stock, Other Absolute 0.97 mi
Ditch (WDID 3800556) WDID 3800556Brush Creek May 28, 2018 Adjudicated 2018 · Case CA013261509.00000 0.2 CFS Irrigation, Power generation Absolute 0.97 mi
Ditch (WDID 3810506) WDID 3810506Brush Creek Aug 19, 1992 Adjudicated 1993 · Case 93CW011552230.52096 0.05 CFS Irrigation, Fire, Domestic, Stock Absolute 0.98 mi
Power plant (WDID 3810540) WDID 3810540Brush Creek Sep 1, 2005 Adjudicated 2006 · Case 06CW014556978.56857 0 CFS 5.5 CFS conditionalFire, Power generation Conditional 0.99 mi

The nearest 25 of 27. All 27 are in rights.csv in the download.

Wells

1951 on this parcel

Details
88643-F All Unnamed Aquifers 140 15 1984 Domestic Well ConstructedOn this parcel
  • aquifer from the as built record
76158 All Unnamed Aquifers 200 1974 Household use only Well ConstructedUnder 0.01 mi
  • perforated 160 to 200 ft (state record)
  • aquifer from the permitted record
72501 All Unnamed Aquifers Household use only Permit Expired0.01 mi
  • aquifer from the permitted record
297672 All Unnamed Aquifers 140 1984 Domestic Permit Canceled0.01 mi
  • aquifer from the permitted record
16682-MH All Unnamed Aquifers 400 1990 Monitoring/Sampling Well Constructed0.03 mi
  • perforated 140 to 400 ft (state record)
  • aquifer from the permitted record
30908-MH All Unnamed Aquifers Monitoring/Sampling Permit Expired0.06 mi
  • aquifer from the permitted record
89281 All Unnamed Aquifers 315 1978 Domestic Well Constructed0.06 mi
  • perforated 275 to 315 ft (state record)
  • aquifer from the permitted record
85646 All Unnamed Aquifers 200 1976 Domestic Well Constructed0.08 mi
  • perforated 160 to 200 ft (state record)
  • aquifer from the permitted record
70225 All Unnamed Aquifers 215 1974 Household use only Well Replaced - Abandonment Required0.09 mi
  • perforated 180 to 215 ft (state record)
  • aquifer from the permitted record
70225--A Mancos 240 1988 Household use only Well Constructed0.09 mi
  • perforated 200 to 240 ft (state record)
  • aquifer from the permitted record
113967 All Unnamed Aquifers 185 5 1980 Household use only Well Constructed0.11 mi
  • perforated 160 to 185 ft (state record)
  • aquifer from the permitted record
85557 All Unnamed Aquifers Household use only Permit Expired0.11 mi
  • aquifer from the permitted record
63693 All Unnamed Aquifers 420 12 1973 Household use only Well Constructed0.15 mi
  • perforated 380 to 420 ft (state record)
  • aquifer from the permitted record
10208-TH All Unnamed Aquifers Monitoring/Sampling Application Received0.18 mi
  • aquifer from the permitted record
Receipt 0250891 Mancos Household use only Application Withdrawn0.18 mi
  • aquifer from the permitted record
29495-MH All Unnamed Aquifers 500 1996 Monitoring/Sampling Well Constructed0.21 mi
  • perforated 440 to 500 ft (state record)
  • aquifer from the permitted record
68635 All Unnamed Aquifers 195 15 1973 Domestic Well Constructed0.24 mi
  • perforated 153 to 195 ft (state record)
  • aquifer from the permitted record
150270 Mancos 500 1987 Domestic, Stock Well Constructed0.25 mi
  • perforated 200 to 500 ft (state record)
  • aquifer from the permitted record
266732 All Unnamed Aquifers 460 Yes 10 2006 Domestic, Stock Well Replaced - Abandonment Required0.26 mi
  • perforated 320 to 460 ft (state record)
  • aquifer from the permitted record
98816--A Mancos 340 3 1987 Household use only Well Constructed0.26 mi
  • perforated 240 to 340 ft (state record)
  • aquifer from the permitted record
98816 All Unnamed Aquifers 180 1978 Household use only Well Replaced - Abandonment Required0.26 mi
  • perforated 160 to 180 ft (state record)
  • aquifer from the permitted record
61416 All Unnamed Aquifers 220 1972 Domestic Well Constructed0.27 mi
  • perforated 175 to 195 ft (state record)
  • aquifer from the permitted record
79334 All Unnamed Aquifers 190 1975 Domestic Well Constructed0.29 mi
  • perforated 150 to 190 ft (state record)
  • aquifer from the permitted record
81282 All Unnamed Aquifers 340 15 1975 Domestic Well Constructed0.30 mi
  • perforated 300 to 340 ft (state record)
  • aquifer from the permitted record
84612 All Unnamed Aquifers 173 1976 Domestic Well Constructed0.30 mi
  • aquifer from the permitted record

The nearest 25 of 195. All 195 are in wells.csv in the download.

Structures nearby

27none on this parcel

Spring (WDID 3806246) WDID 3806246Spring Brush Creek Diversion records kept W2172 0.06 mi
Spring (WDID 3806247) WDID 3806247Spring Brush Creek Diversion records kept W2172 0.06 mi
Well (WDID 3805422) WDID 3805422Well Groundwater: Brush Creek No diversion records W2254 0.15 mi
Well (WDID 3805647) WDID 3805647Well Groundwater: Roaring Fork River No diversion records W3256 0.15 mi
Well (WDID 3805542) WDID 3805542Well Groundwater: Brush Creek No diversion records W2894 0.29 mi
Well (WDID 3805397) WDID 3805397Well Groundwater: Roaring Fork River No diversion records W3257 0.33 mi
Well (WDID 3805850) WDID 3805850Well Groundwater: Brush Creek No diversion records W3350 0.35 mi
Well (WDID 3805465) WDID 3805465Well Groundwater: Brush Creek No diversion records W2789 0.38 mi
Well (WDID 3805066) WDID 3805066Well Groundwater: Brush Creek No diversion records 82CW0102 0.38 mi
Ditch (WDID 3801362) WDID 3801362Ditch Brush Creek NON-EXISTENT: no contemporary or historical record 79CW0149, 87CW0311 0.54 mi
Reservoir (WDID 3803943) WDID 3803943Reservoir Brush Creek NON-EXISTENT: no contemporary or historical record 2 79CW0149, 87CW0311 0.54 mi
Well (WDID 3805547) WDID 3805547Well Groundwater: Brush Creek No diversion records W2677 0.62 mi
Well (WDID 3805869) WDID 3805869Well Groundwater: Roaring Fork River Diversion records kept W3309 0.65 mi
Well (WDID 3805890) WDID 3805890Well Groundwater: Brush Creek Diversion records kept W0853 0.71 mi
Well (WDID 3805073) WDID 3805073Well Groundwater: Brush Creek Inactive but physically exists; no diversion records kept W2967 0.80 mi
Well (WDID 3806320) WDID 3806320Well Groundwater: Brush Creek Diversion records kept 88CW0308 0.80 mi
Well (WDID 3808718) WDID 3808718Well Groundwater: Brush Creek Diversion records kept 0.80 mi
Ditch (WDID 3801242) WDID 3801242Ditch Brush Creek Diversion records kept 88CW0338 0.90 mi
Reservoir (WDID 3804367) WDID 3804367Reservoir Brush Creek NON-EXISTENT: no contemporary or historical record 0.1 88CW0428 0.90 mi
Well (WDID 3805507) WDID 3805507Well Groundwater: Brush Creek No diversion records W3374 0.90 mi
Ditch (WDID 3801006) WDID 3801006Ditch Brush Creek HISTORICAL ONLY: no longer exists 88CW0338, 91CW0278, CA0132 0.95 mi
Ditch (WDID 3800556) WDID 3800556Ditch Brush Creek Diversion records kept 18CW3110, 25CW3002, 81CW0432, 93CW0328, 94CW0381, CA0132 0.97 mi
Ditch (WDID 3810506) WDID 3810506Ditch Brush Creek Diversion records kept 04CW0073, 06CW0040, 93CW0115 0.98 mi
Power plant (WDID 3810540) WDID 3810540Power Plant Brush Creek Diversion records kept 06CW0145 0.99 mi
Ditch (WDID 3801050) WDID 3801050Ditch Little Woody Creek Diversion records kept CA0132, CA3723 1.0 mi

The nearest 25 of 27. All 27 are in structures.csv in the download.

Water court filings nearby

46none on this parcel

25CW3099 Jun 2025 Application for Findings of Reasonable Diligence Spring, ditch (case 25CW3099) Eagle, PitkinAug 31, 2025 0.42 mi
25CW3096 May 2025 Application to Change Conditional Water Storage Rights, Reservoir (case 25CW3096) and Reservoir (case 25CW3096) 3 structures, 4 reservoirs, 2 ditches (case 25CW3096) PitkinJul 31, 2025 0.42 mi
22CW3044 Jan 2025 Amendment to First Amended Application for Water Storage Rights, Change of Water Rights, and Approval of Plan for Augmentation, Including Water Exchange Project 9 ponds, ditch (case 22CW3044) PitkinMar 31, 2025 0.42 mi
25CW3002 Jan 2025 Application to Make Water Right Absolute in Part and for Finding of Reasonable Diligence Ditch (case 25CW3002) PitkinMar 31, 2025 0.42 mi
24CW3152 Nov 2024 Application for Finding of Reasonable Diligence Well (case 24CW3152) PitkinJan 31, 2025 0.42 mi
23CW3102 Jul 2023 Application for Findings of Reasonable Diligence 3 wells (case 23CW3102) PitkinSep 30, 2023 0.42 mi
22CW3088 Aug 2022 Application to Make Absolute in Part and for Findings of Reasonable Diligence 4 wells, pipeline (case 22CW3088) PitkinOct 31, 2022 0.42 mi
19CW3087 Jul 2019 Application for Finding of Reasonable Diligence and to Confirm Absolute Structure (case 19CW3087) PitkinSep 30, 2019 0.42 mi
18CW3220 Dec 2018 Finding of Reasonable Diligence 5 ditches, spring (case 18CW3220) Eagle, Garfield, PitkinFeb 28, 2019 0.42 mi
18CW3221 Dec 2018 Finding of Reasonable Diligence 39 structures, 47 wells, 7 ditches, 4 pipelines, spring, 3 ponds (case 18CW3221) Eagle, Pitkin, Garfield, SummitFeb 28, 2019 0.42 mi
18CW3110 Jul 2018 Surface Water Right Ditch (case 18CW3110) PitkinSep 30, 2018 0.42 mi
18CW3078 May 2018 Finding of Reasonable Diligence Well (case 18CW3078) PitkinJul 31, 2018 0.42 mi
17CW3258 Dec 2017 Plan for Augmentation Pipeline (case 17CW3258) Eagle, Pitkin, GarfieldFeb 28, 2018 0.42 mi
17CW3015 Jan 2017 Finding of Reasonable Diligence 3 wells (case 17CW3015) PitkinMar 31, 2017 0.42 mi
12CW164 Feb 2013 Finding of Reasonable Diligence Reservoir, well (case 12CW164) PitkinApr 30, 2013 0.42 mi
11CW145 Oct 2011 Finding of Reasonable Diligence Well (case 11CW145) PitkinDec 31, 2011 0.42 mi
08CW176 Jan 2009 Amended Finding of Reasonable Diligence Well (case 08CW176) PitkinMar 31, 2009 0.42 mi
06CW145 Jul 2006 Application for a Conditional Surface Water Right for the Fabrizio Family Trust Hydroelectric System Structure (case 06CW145) PitkinSep 30, 2006 0.42 mi
06CW40 Mar 2006 Application: for Finding of Diligence and to Make Absolute Ditch, pond, spring (case 06CW40) PitkinMay 31, 2006 0.42 mi
06CW14 Jan 2006 Application for Finding of Reasonable Diligence (amr Well No. 1 and Reservoir (case 12CW164)) Reservoir, well, spring (case 06CW14) PitkinMar 31, 2006 0.42 mi
04CW73 May 2004 To Make Absolute Ditch (case 04CW73) PitkinJul 31, 2004 0.42 mi
04CW77 May 2004 First Amendedapplication for Change of Water Rights and to Amend Plan for Augmentation Well (case 04CW77) PitkinJul 31, 2004 0.42 mi
04CW35 Mar 2004 Change in Point of Diversion 2 ditches, 2 reservoirs, well, spring (case 04CW35) PitkinMay 31, 2004 0.42 mi
03CW136 Jun 2003 Application for Change of Water Rights 7 ditches, pipeline (case 03CW136) PitkinAug 31, 2003 0.42 mi
01CW299 Nov 2001 Application for Surface Water Rights 2 ponds (case 01CW299) PitkinJan 31, 2002 0.42 mi

The nearest 25 of 46. All 46 are in filings.csv in the download.

Oil and gas wells nearby

2none on this parcel

05-097-05009 PACIFIC NATURAL GAS EXPL Plugged and abandoned 0.98 mi
05-097-05008 PACIFIC NATURAL GAS EXPL Plugged and abandoned 1.0 mi

Hazards

Flood zone
Mapped, outside SFHA FEMA zone X
Wildfire
High
Wildland-urban interface
Partly 44% of the land
Elevation
8,313 ft

Sources

The law34
  • C.R.S. 37-92-602(3)(b)(II)(A)
    a presumption of no material injury where the well "will be the only well on a residential site, which well will be used solely for ordinary household purposes inside a single-family dwelling and will not be used for irrigation or will be the only well on a tract of land of thirty-five acres or more or will be the only well on a cluster development lot"
  • C.R.S. 37-92-602(3)(b)(III)
    if the well "will be located in a subdivision, as defined in section 30-28-101 (10), and approved on or after June 1, 1972, pursuant to article 28 of title 30, for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury."
  • DWR Guideline 2023-1 (Amended) §1.1
    permits under the presumption "on parcels less than 35 acres, which are not on parcels created through a cluster development, are limited to ordinary household purposes inside one single-family dwelling, with no allowed outdoor uses." "Only one exempt well permit issued pursuant to section 37-92-602(3)(b)(II)(A) for production purposes ... may be issued per legal parcel, cluster development lot, or tract of land of 35 acres or more."
  • DWR Guideline 2023-1 (Amended) §3
    uses never allowed on an exempt or small-capacity permit include "Filling or refilling a hot tub or swimming pool", event venues, bed and breakfasts, and "In-home daycares".
  • DWR White River guide (2025), use diagram
    not over-appropriated: "Regardless of property size: use in up to 3 single-family dwellings, the irrigation of up to 1 acre of home lawns and gardens, domestic animal watering, poultry watering, and/or livestock; OR indoor commercial use." And: "35-acre tracts which were platted as part of a subdivision are considered to be a part of that subdivision."
  • DWR Guideline 2003-5, Regarding the Use of Wells Within Water Service Areas, item E
    "If a proposed well will be in a known water service area that is served by a central system, we will not issue an exempt well permit unless accompanied by a letter from the supplier stating that they cannot provide water to the applicant or they do not object to the applicant obtaining a well permit within the water service area."
  • DWR White River guide (2025)
    "If the well does or would not qualify for an exempt well permit and is determined to be non-exempt, the well must be covered by a State Engineer approved substitute water supply plan (SWSP) or court approved plan for augmentation."
  • C.R.S. 37-92-308(1)(c)(III)
    "the state engineer shall not have any authority in water division 1 to approve plans for, or to otherwise allow, the operation of wells, including augmentation wells, that cause out-of-priority depletions unless the wells are operated in accordance with plans for augmentation approved by the water judge or as allowed in this section."
  • C.R.S. 37-92-308(5)
    an SWSP for a new use with no court application is for "limited duration not to exceed five years"
  • DWR Policy 2003-2, item 2 (current; on DWR's guidance index, not revoked)
    "Requests for substitute water supply plans for providing domestic water within new or proposed residential subdivisions will not be granted because of the potential of the substitute water supply plan not being renewed and a permanent plan for augmentation not being approved by the water court."
  • Confined Aquifer New Use Rules (Division 3) Rule 6.B.2
    "the applicant for a new withdrawal of ground water from the Confined Aquifer must change the point of diversion of or permanently retire an existing vested water right or rights to withdraw ground water from the Confined Aquifer with historical withdrawals from the Confined Aquifer equal to the new, increased, or additional supply of ground water to be withdrawn from the Confined Aquifer."
  • Division 3 Withdrawal Rules Rule 13.2
    "The State Engineer determines that the groundwater supply in the region known as the Costilla Plain and shown on the attached Exhibit G is fully appropriated and there is no unappropriated groundwater available for appropriation without injury."
  • DWR Policy 2003-3 (Division 3, modified 2016)
    "applications for supplemental wells or alternate point of diversion wells will be denied until the applicant applies to the Division III Water Court in Alamosa for a change in water right and the court grants a decree that includes a finding of no material injury to other vested water rights."
  • C.R.S. 30-28-101(10)(b)
    "subdivision" does "not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners."
  • C.R.S. 29-20-303(1)
    "A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate."
  • C.R.S. 29-20-103(1)(b)
    "'Development permit' is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government."
  • DWR Policy 2011-1 (amended), item 1
    "If the well is in an over-appropriated basin and in a tributary source, or a not nontributary source in the Denver Basin, it shall be presumed to cause injury unless the well meets the requirements of subsection 37-92-602(3)(b)(IV)."
  • C.R.S. 30-28-136(3)
    neither the State Engineer's opinion nor the county's finding may "create any presumption concerning injury or noninjury to water rights"
  • DWR subdivision memo to county planning directors, 16 Mar 2005
    to satisfy a county's "300-year water supply approach", the developer may state that each lot will use one aquifer for a portion of the 300-year period (the first 100 years), then, a deeper aquifer for subsequent portions of the 300-year period
  • see presented conditions
    The law is quoted once, on the condition that holds it.
  • C.R.S. 37-92-602(1)(b)
    "(1) This article, except for sections 37-92-201 and 37-92-202, does not apply to: ... (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings"
  • C.R.S. 38-30-102(3)(b)(I)
    "when a buyer of residential real estate enters into a transaction that results in the transfer of ownership of a small capacity well listed in section 37-90-105 (1)(a) or (1)(b) or a domestic exempt water well used for ordinary household purposes that is listed in section 37-92-602 (1)(b) or (1)(e), the buyer shall complete a change in owner name form for the well in compliance with section 37-90-143; except that, if an existing well has not yet been registered with the division, the buyer shall complete a registration of existing well form for the well within sixty-three days after closing the transaction."
  • C.R.S. 37-90-143(2)
    "any owner of an unexpired well permit issued pursuant to this article 90 or article 92 of this title 37 who changes a name or contact information from that on file with the state engineer shall file an update with the state engineer within sixty-three days after the date of the change, on a form prescribed by the state engineer."
  • C.R.S. 37-90-105(3)(e)(II)
    "Effective July 1, 2006, wells for which permits have been granted or may be granted shall be constructed within two years after the permit is issued, which time may be extended for successive years at the discretion of the state engineer for good cause shown."
  • HB25-1014 (2025), summary as enacted
    "The act extends the time frame for construction of a well to 2 years ... The act also removes the requirement that the commission or state engineer must mail a certified letter to the permit holder before a permit can be formally expired. The act allows the commission or state engineer to reinstate an expired permit if the applicant for reinstatement of the permit can show that the well was completed in a timely manner and submits a $30 fee."
  • DWR Guideline 2023-1 (Amended) §11
    A well must only be used for those uses listed on the well permit.
  • C.R.S. 37-92-602(1)(b) (statute)
    "(1) This article, except for sections 37-92-201 and 37-92-202, does not apply to: ... (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings"
  • DWR Policy 2003-2, item 2
    "Requests for substitute water supply plans for providing domestic water within new or proposed residential subdivisions will not be granted because of the potential of the substitute water supply plan not being renewed and a permanent plan for augmentation not being approved by the water court. Under these circumstances, persons purchasing lots and constructing homes could potentially be faced with mandatory curtailment of their water source."
  • Arkansas Use Rules (95CW211) Rule 7
    "Acceptable plans shall be approved annually and shall include such terms and conditions as, in the opinion of the state and division engineers, are necessary to prevent injury to senior surface water rights in Colorado and depletions to usable Stateline flow."
  • C.R.S. 37-92-501(4)(c)
    "The state engineer shall not curtail underground water withdrawals from aquifers in division 3 that are included in a ground water management subdistrict ... if the withdrawals are made pursuant to a groundwater management plan adopted by the subdistrict that meets the requirements of paragraphs (a) and (b) of this subsection (4)."
  • C.R.S. 37-92-302(3)(a)
    "Not later than the fifteenth day of each month, the water clerk shall prepare a resume of all applications in the water division which have been filed in his office during the preceding month. The resume shall give the name and address of the applicant, a description of the water right or conditional water right involved, and a description of the ruling sought."
  • C.R.S. 37-92-302(1)(c)
    "Such statement of opposition must be filed by the last day of the second month following the month in which the application is filed."
  • C.R.S. 37-92-305(3)(a)
    "A change of water right, implementation of a rotational crop management contract, or plan for augmentation, including water exchange project, shall be approved if such change, contract, or plan will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right."
  • DWR Guideline 2023-1 (Amended) §3 (as quoted in statewide.md)
    "an auxiliary living space with a separate entry and kitchen facilities is considered a second single-family dwelling"

The law

  • C.R.S. 37-92-602(3)(b)(II)(A)
    a presumption of no material injury where the well "will be the only well on a residential site, which well will be used solely for ordinary household purposes inside a single-family dwelling and will not be used for irrigation or will be the only well on a tract of land of thirty-five acres or more or will be the only well on a cluster development lot"
  • C.R.S. 37-92-602(3)(b)(III)
    if the well "will be located in a subdivision, as defined in section 30-28-101 (10), and approved on or after June 1, 1972, pursuant to article 28 of title 30, for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury."
  • DWR Guideline 2023-1 (Amended) §1.1
    permits under the presumption "on parcels less than 35 acres, which are not on parcels created through a cluster development, are limited to ordinary household purposes inside one single-family dwelling, with no allowed outdoor uses." "Only one exempt well permit issued pursuant to section 37-92-602(3)(b)(II)(A) for production purposes ... may be issued per legal parcel, cluster development lot, or tract of land of 35 acres or more."
  • DWR Guideline 2023-1 (Amended) §3
    uses never allowed on an exempt or small-capacity permit include "Filling or refilling a hot tub or swimming pool", event venues, bed and breakfasts, and "In-home daycares".
  • DWR White River guide (2025), use diagram
    not over-appropriated: "Regardless of property size: use in up to 3 single-family dwellings, the irrigation of up to 1 acre of home lawns and gardens, domestic animal watering, poultry watering, and/or livestock; OR indoor commercial use." And: "35-acre tracts which were platted as part of a subdivision are considered to be a part of that subdivision."
  • DWR Guideline 2003-5, Regarding the Use of Wells Within Water Service Areas, item E
    "If a proposed well will be in a known water service area that is served by a central system, we will not issue an exempt well permit unless accompanied by a letter from the supplier stating that they cannot provide water to the applicant or they do not object to the applicant obtaining a well permit within the water service area."
  • DWR White River guide (2025)
    "If the well does or would not qualify for an exempt well permit and is determined to be non-exempt, the well must be covered by a State Engineer approved substitute water supply plan (SWSP) or court approved plan for augmentation."
  • C.R.S. 37-92-308(1)(c)(III)
    "the state engineer shall not have any authority in water division 1 to approve plans for, or to otherwise allow, the operation of wells, including augmentation wells, that cause out-of-priority depletions unless the wells are operated in accordance with plans for augmentation approved by the water judge or as allowed in this section."
  • C.R.S. 37-92-308(5)
    an SWSP for a new use with no court application is for "limited duration not to exceed five years"
  • DWR Policy 2003-2, item 2 (current; on DWR's guidance index, not revoked)
    "Requests for substitute water supply plans for providing domestic water within new or proposed residential subdivisions will not be granted because of the potential of the substitute water supply plan not being renewed and a permanent plan for augmentation not being approved by the water court."
  • Confined Aquifer New Use Rules (Division 3) Rule 6.B.2
    "the applicant for a new withdrawal of ground water from the Confined Aquifer must change the point of diversion of or permanently retire an existing vested water right or rights to withdraw ground water from the Confined Aquifer with historical withdrawals from the Confined Aquifer equal to the new, increased, or additional supply of ground water to be withdrawn from the Confined Aquifer."
  • Division 3 Withdrawal Rules Rule 13.2
    "The State Engineer determines that the groundwater supply in the region known as the Costilla Plain and shown on the attached Exhibit G is fully appropriated and there is no unappropriated groundwater available for appropriation without injury."
  • DWR Policy 2003-3 (Division 3, modified 2016)
    "applications for supplemental wells or alternate point of diversion wells will be denied until the applicant applies to the Division III Water Court in Alamosa for a change in water right and the court grants a decree that includes a finding of no material injury to other vested water rights."
  • C.R.S. 30-28-101(10)(b)
    "subdivision" does "not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners."
  • C.R.S. 29-20-303(1)
    "A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate."
  • C.R.S. 29-20-103(1)(b)
    "'Development permit' is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government."
  • DWR Policy 2011-1 (amended), item 1
    "If the well is in an over-appropriated basin and in a tributary source, or a not nontributary source in the Denver Basin, it shall be presumed to cause injury unless the well meets the requirements of subsection 37-92-602(3)(b)(IV)."
  • C.R.S. 30-28-136(3)
    neither the State Engineer's opinion nor the county's finding may "create any presumption concerning injury or noninjury to water rights"
  • DWR subdivision memo to county planning directors, 16 Mar 2005
    to satisfy a county's "300-year water supply approach", the developer may state that each lot will use one aquifer for a portion of the 300-year period (the first 100 years), then, a deeper aquifer for subsequent portions of the 300-year period
  • see presented conditions
    The law is quoted once, on the condition that holds it.
  • C.R.S. 37-92-602(1)(b)
    "(1) This article, except for sections 37-92-201 and 37-92-202, does not apply to: ... (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings"
  • C.R.S. 38-30-102(3)(b)(I)
    "when a buyer of residential real estate enters into a transaction that results in the transfer of ownership of a small capacity well listed in section 37-90-105 (1)(a) or (1)(b) or a domestic exempt water well used for ordinary household purposes that is listed in section 37-92-602 (1)(b) or (1)(e), the buyer shall complete a change in owner name form for the well in compliance with section 37-90-143; except that, if an existing well has not yet been registered with the division, the buyer shall complete a registration of existing well form for the well within sixty-three days after closing the transaction."
  • C.R.S. 37-90-143(2)
    "any owner of an unexpired well permit issued pursuant to this article 90 or article 92 of this title 37 who changes a name or contact information from that on file with the state engineer shall file an update with the state engineer within sixty-three days after the date of the change, on a form prescribed by the state engineer."
  • C.R.S. 37-90-105(3)(e)(II)
    "Effective July 1, 2006, wells for which permits have been granted or may be granted shall be constructed within two years after the permit is issued, which time may be extended for successive years at the discretion of the state engineer for good cause shown."
  • HB25-1014 (2025), summary as enacted
    "The act extends the time frame for construction of a well to 2 years ... The act also removes the requirement that the commission or state engineer must mail a certified letter to the permit holder before a permit can be formally expired. The act allows the commission or state engineer to reinstate an expired permit if the applicant for reinstatement of the permit can show that the well was completed in a timely manner and submits a $30 fee."
  • DWR Guideline 2023-1 (Amended) §11
    A well must only be used for those uses listed on the well permit.
  • C.R.S. 37-92-602(1)(b) (statute)
    "(1) This article, except for sections 37-92-201 and 37-92-202, does not apply to: ... (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings"
  • DWR Policy 2003-2, item 2
    "Requests for substitute water supply plans for providing domestic water within new or proposed residential subdivisions will not be granted because of the potential of the substitute water supply plan not being renewed and a permanent plan for augmentation not being approved by the water court. Under these circumstances, persons purchasing lots and constructing homes could potentially be faced with mandatory curtailment of their water source."
  • Arkansas Use Rules (95CW211) Rule 7
    "Acceptable plans shall be approved annually and shall include such terms and conditions as, in the opinion of the state and division engineers, are necessary to prevent injury to senior surface water rights in Colorado and depletions to usable Stateline flow."
  • C.R.S. 37-92-501(4)(c)
    "The state engineer shall not curtail underground water withdrawals from aquifers in division 3 that are included in a ground water management subdistrict ... if the withdrawals are made pursuant to a groundwater management plan adopted by the subdistrict that meets the requirements of paragraphs (a) and (b) of this subsection (4)."
  • C.R.S. 37-92-302(3)(a)
    "Not later than the fifteenth day of each month, the water clerk shall prepare a resume of all applications in the water division which have been filed in his office during the preceding month. The resume shall give the name and address of the applicant, a description of the water right or conditional water right involved, and a description of the ruling sought."
  • C.R.S. 37-92-302(1)(c)
    "Such statement of opposition must be filed by the last day of the second month following the month in which the application is filed."
  • C.R.S. 37-92-305(3)(a)
    "A change of water right, implementation of a rotational crop management contract, or plan for augmentation, including water exchange project, shall be approved if such change, contract, or plan will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right."
  • DWR Guideline 2023-1 (Amended) §3 (as quoted in statewide.md)
    "an auxiliary living space with a separate entry and kitchen facilities is considered a second single-family dwelling"

The records read

DatasetPublisherRowsRefreshedVerify
Flood hazard zonesFEMA National Flood Hazard Layer59,80416 days agoVerifyhazards.fema.gov/femaportal/NFHL/searchResult
Irrigated landsColorado Division of Water Resources (CDSS)967,83316 days agoVerifycdss.colorado.gov/gis-data
Oil and gas wellsColorado Energy and Carbon Management Commission124,4515 days agoVerifyecmc.colorado.gov/data-maps/cogis-database
Public landBureau of Land Management5 days agoVerifygbp-blm-egis.hub.arcgis.com
National Hydrography Dataset streamsUS Geological Survey, National Hydrography Dataset257,8015 days agoVerifyusgs.gov/…/national-hydrography-dataset
Structures (ditches, wells, reservoirs, springs)Colorado Division of Water Resources (CDSS)211,50216 days agoVerifydwr.state.co.us/Tools/Structures
Water court resumesColorado Judicial Branch, Water Courts13,3935 days agoVerifycoloradojudicial.gov/water-courts
Water court resumes, 2007-2020 (WebLink)Colorado Division of Water Resources, WebLink document repository18,38130 days agoVerifydnrweblink.state.co.us/…/.aspx?id=705729&dbid=0&repo=DWR
Decreed water rights (net amounts)Colorado Division of Water Resources (CDSS)174,24816 days agoVerifydwr.state.co.us/Tools/WaterRights/NetAmounts
Well permitsColorado Division of Water Resources (CDSS)598,74416 days agoVerifydwr.state.co.us/Tools/WellPermits
Wildland-urban interfaceUSDA Forest Service / SILVIS Lab wildland-urban interface162,37116 days agoVerifyfs.usda.gov/rds/archive/catalog/RDS-2015-0012-4
Water and sanitation district boundariesColorado Department of Local Affairs16 days agoVerifydola.colorado.gov/lgis
Safe Drinking Water Information System, public water systemsUS Environmental Protection Agency43 days agoVerifyenviro.epa.gov/envirofacts/sdwis/search
Community water system service area boundariesUS Environmental Protection AgencyVerifyservices.arcgis.com/…/FeatureServer/0
Service areaDenver WaterVerifyservices.arcgis.com/…/FeatureServer/1
Designated groundwater basins and management districtsColorado Division of Water ResourcesVerifymaps.dnrgis.state.co.us/dwr/Index.html?viewer=mapviewer
Statewide parcels (ownership, acreage, sales)Colorado Office of Information Technology7 days agoVerifygis.colorado.gov/…/FeatureServer/0
Statements of opposition in water court cases, 2016 on (WebLink)Colorado Division of Water ResourcesTodayVerifydnrweblink.state.co.us/DWR
Water right transactions and decree commentsColorado Division of Water Resources16 days agoVerifydwr.state.co.us/Tools/WaterRights/Transactions
Groundwater monitoring wells and water levelsColorado Division of Water Resources6 days agoVerifydwr.state.co.us/Tools/GroundWater/WaterLevels
Groundwater quality test resultsWater Quality Portal (USGS and EPA)TodayVerifywaterqualitydata.us
Probability of arsenic above 10 micrograms per liter in domestic wellsUS Geological Survey (Ayotte and others, 2017)Verifydoi.org/10.5066/F7CN724V
Substitute water supply plansColorado Division of Water Resources5 days agoVerifydata.colorado.gov/…/izbn-diak

Version 2.0.0+b5e76554