Submit an Augmentation Plan - Or Lose Your Water!
Local news station, KRDO reported that 64 households in Teller County's Deer Mountain Ranch and Lakemoor West have been informed by the state Division of Water Resources that they must file a 'water augmentation plan' with the state by January 15, or stop using their wells by January 20. If they fail to do so, they will face court action. An Augmentation Plan is one that outlines how and when the water used will be replaced so as not to deplete the source of water to a senior appropriator, (see 'What are water rights, anyway?' below).
Residents say this is the first they've heard of it, had no prior information, and no warning of the situation. They have also been required to buy meters to monitor their well water use, at a cost of about 100 dollars, plus plumber's fees. The subdivisions have no active Home Owners Association that could have informed residents.
A senior appropriator somewhere along the line, has "called" in his right to that water.
So, how does this happen? The Beginners Guide To Augmentation Plans For Wells , states:
"If you are considering using wells to provide water for a lawn and garden, domestic animals, a subdivision, or some other project, you should be aware that in some areas of Colorado you may be unable to get a well permit without an Augmentation Plan."
The question then is, was an augmentation plan not provided when these subdivisions were first planned? And if not, why not? According to my research, it was in 1972 that the first Colorado law was passed allowing for water augmentation plans.
What are water rights, anyway?
The Doctrine of Prior Appropriation, (aka the "Colorado Doctrine" of water law), defines water rights as such:
"The allocation of water rests upon the fundamental maxim "first in time, first in right." The first person to use water (called a "senior appropriator") acquires the right (called a "priority") to its future use as against later users (called "junior appropriators")." So, in times of drought, a senior appropriator has first right to the water, even if it means the junior appropriator ends up with none.
It is important to note here that a well permit does NOT grant a water 'right':
From Western States Water Laws:
"By law, every new well in the state that diverts groundwater must have a well permit. Exempt Well Permits, however, can be obtained for wells that pump less than 15 gallons per minute. For these wells, the state will give well permits that are exempt from the priority system. In order to obtain a permit, a person must file an application for approval of a permit with the State Engineer. A permit must be obtained from the state engineer prior to any utilization of groundwater, but the permit does not constitute a water right to the groundwater. A ground water right can only be obtained through the formal application to a water court."
If you have a well producing more than 15 gallons per minute, and you want to obtain the 'right' to that water, your well must be 'adjudicated'.
"Water rights in Colorado are adjudicated by the district water courts. Colorado has a process of individual adjudications where each right is adjudicated as it is approved."
Which means, you aquire a right, (through the appropriate water court), whether senior or junior, to that water. This would not mean, however, that a junior right would be guaranteed should the senior right holder require that water.
Water rights are a very complicated, and as we've seen, far reaching issue in our state. There are MANY attorneys in Colorado and other western states who specialize in water rights law.
As we deal with the other consequences of drought in our region, it would be good to remember the potential for loss of use of our wells, and educate ourselves accordingly.
For More information, contact:
Colorado Division of Water Resources
1313 Sherman St. Rm. 818
Denver, CO 80203
303-866-3581
All Photos taken by Debi Boucher, all rights reserved and may not be reproduced without express written permission. Prudential Professional REALTORS, ASP REALTOR, Woodland Park Real Estate, Woodland Park Colorado 80863 – Serving the City of Woodland Park, Teller County, Ute Pass, and Park County since 1997.
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