Colorado Water Rights Basics for Mountain Buyers

Buying a mountain property in Conifer raises a key question: will you actually have the right to use the water you need? In Colorado, water rights are separate from land, and wells, streams, and ponds follow rules that surprise many buyers. If you understand the basics, you can protect your plans and avoid costly delays. This guide gives you clear next steps on rights, wells, augmentation, and due diligence tailored to Conifer and Jefferson County. Let’s dive in.

How Colorado water rights work

Prior appropriation basics

Colorado follows prior appropriation, often summed up as “first in time, first in right.” In dry periods, senior rights are served before junior rights. Water rights are property rights that are separate from the land. Owning acreage does not automatically include the right to divert from a creek, ditch, or pond unless those rights are specifically conveyed.

A water right must be put to a recognized beneficial use and maintained. The Colorado Division of Water Resources (DWR) administers water rights and well permits, and Colorado’s water courts adjudicate rights, changes, and augmentation plans. You can find agency guidance at the Colorado Division of Water Resources and policy background through the Colorado Water Conservation Board.

Surface water vs. groundwater

Surface water, such as streams and ditch flows, is almost always subject to priority. Groundwater can be classified as tributary or nontributary. In Conifer’s foothills, much groundwater occurs in fractured bedrock and is often considered tributary because pumping can affect streamflows, but the exact classification depends on site-specific geology.

If you are evaluating a parcel, consult the local Division Engineer in the South Platte Basin (Division 1) through the Colorado Division of Water Resources to understand how groundwater under the property is likely to be treated.

Wells and permits in the foothills

Who issues permits

Well permits are issued by the state through the Colorado Division of Water Resources. Counties, including Jefferson County, do not issue well permits. They handle building, septic, and land use approvals that can affect how you develop the property, but not the water right itself.

Domestic exempt wells

Many rural homes rely on the domestic well exemption. These wells are allowed under statute without a fully adjudicated water right, subject to limits on pumping and use. Published limits commonly referenced include up to 15 gallons per minute and up to 2 acre-feet per year for certain domestic uses. Because the exemption is junior, these wells can face curtailment if senior rights call for water in dry conditions.

The exact terms depend on location and current DWR rules. Before you buy, review the well permit and file information directly with the Colorado Division of Water Resources and confirm allowed uses.

Tributary vs. nontributary wells

If groundwater is tributary, pumping may deplete surface flows and injure senior rights. In those cases, DWR can require an augmentation plan or permit conditions to prevent injury. Some deep aquifers elsewhere in Colorado are classified as nontributary, which can allow different extraction rules, but characterization is site specific. In the Conifer area, assume a careful review will be required.

The permitting process

DWR reviews well applications for potential injury to senior rights. The process can include pre-application review, hydrogeologic information, and permit conditions such as pump limits, meters, and monitoring. If impacts are expected, DWR can require an augmentation plan approved by water court. Timelines can run months and approvals are not guaranteed if statutory criteria are not met.

Augmentation plans and water court

What augmentation does

An augmentation plan replaces depletions caused by junior uses, most often from groundwater pumping connected to streams. Replacement water can come from storage, leased rights, or exchanges, and it must follow a schedule that protects senior rights. In foothill settings like Conifer, augmentation is often required when a new well would draw from tributary groundwater.

Water court for Conifer

Colorado’s water courts adjudicate water rights, changes, and augmentation plans. Conifer lies in the South Platte (Division 1) water court. Cases include notice to affected parties and can take months to years depending on complexity. Learn more through the Colorado Judicial Branch water courts resources.

Common foothill outcomes

In some forested parcels, new permitted wells can be difficult because of senior calls on streams. A domestic exempt well may be the only practical option, and it remains junior. Storage-based solutions, such as access to reservoir water for replacement, can support augmentation but involve time and cost. If a property includes ditch company shares, remember those are separate assets and transfer only if explicitly conveyed and accepted under company bylaws.

Your due diligence checklist

Ask the seller early

• Is there a recorded water right, ditch share, or well permit associated with the property? Request copies.
• Is the home on a private well, a mutual or community system, or a public supply?
• For any existing well: get the well permit number, well log, latest pump test, pump capacity and age, recent water quality tests, and maintenance records.
• Are there any active augmentation agreements, water court cases, or pending changes that affect the property?
• Do HOA or subdivision covenants limit outdoor use, livestock watering, or require water-saving measures?

Order inspections and tests

• Commission a well inspection and a pump test. A multi-hour test helps confirm yield and seasonal behavior.
• Confirm the DWR well log matches actual construction and conditions.
• Order updated water quality testing for bacteria, nitrate, metals, and hardness. CSU guidance at Colorado State University Extension explains common private well testing.

Confirm with agencies

• Verify well permit status and allowed uses with the Colorado Division of Water Resources. Ask the Division 1 office about tributary vs. nontributary classification in your area.
• Review septic permits, setbacks, and any upgrade requirements with Jefferson County Public Health.
• For broader water quality and onsite systems information, consult the Colorado Department of Public Health and Environment.

Plan for risk and operations

• Expect seasonal variability. Mountain wells can fluctuate year to year, and junior exempt wells can face curtailments during calls.
• Consider wildfire and drought resilience. Ash and sediment can affect springs or shallow sources after a fire.
• Review well-to-septic setbacks and soil constraints. Shallow bedrock and high water tables can limit septic options and building plans.
• Budget for time, engineering, and legal help if an augmentation plan or water court action is needed.

Smart buyer strategies

• Match your intended use to your water source. Indoor-only use generally fits within many domestic well exemptions; irrigation or livestock may require more complex rights.
• If the well yield is marginal, price in storage such as a cistern and explore water hauling or community systems where available.
• If a parcel lacks a viable path to water, consider alternatives nearby with existing permits, participation in a mutual system, or transferable water assets.
• Engage the right team early: a water rights attorney, a licensed well contractor or hydrogeologist, and a title professional experienced in Colorado water can clarify your options.

When you want a local, legal-savvy guide to navigate Conifer’s water realities and protect your purchase, connect with Dawn Zalfa. You will get boutique representation, meticulous due diligence, and access to curated mountain properties on and off the market.

FAQs

What is prior appropriation in Colorado?

• Colorado allocates water by priority date, so senior rights are satisfied before junior rights in shortages; rights are separate from land and must be put to beneficial use.

Can you drill a well in Conifer without a recorded water right?

• Possibly; many rural homes rely on a domestic well exemption issued by the state, but it is junior, limited by statute, and subject to local hydrogeology and DWR approval.

Do domestic exempt wells have pumping limits?

• Yes; commonly referenced limits include up to 15 gpm and up to 2 acre-feet per year for certain domestic uses, with exact terms set by current DWR rules and permit conditions.

When is an augmentation plan required for a home well?

• Often when groundwater is tributary to surface streams and pumping could injure senior rights; augmentation replaces your depletions so seniors are protected.

Who approves changes to water rights in Jefferson County?

• Colorado’s water courts adjudicate changes and augmentation plans; Conifer is in the South Platte (Division 1) water court.

How do you check a well permit or log?

• Contact the Colorado Division of Water Resources for permit records, well logs, and to confirm allowed uses and any conditions.

What if a property lacks reliable water?

• Consider alternatives such as cistern storage, water hauling, participation in a community system, or purchasing a different parcel with established water and septic approvals.

Are ditch shares automatically included with the land?

• No; ditch company shares are separate property interests and transfer only if specifically conveyed and accepted under company bylaws, often with seasonal delivery limits.