Colorado water law and how to garden anyway
Irene Shonle
Colorado State University
Cooperative Extension in Gilpin County
• For many wells, no outside watering is permitted.
• Even if watering is permitted, there may not be enough ground water.
• Colorado has an arid climate, and even native and xeric plants need
water to get established.
• The diversion and use of rainwater is subject to Colorado water law,
making it difficult to harvest.
Water law
Many newcomers to the mountains are shocked to realize that they are not permitted
to water outside their houses. This puts a serious crimp into their gardening
plans. Before we go into how to grow a garden within the confines of the water
law, let’s examine the laws more closely.
State Well Regulations
The Colorado Division of Water Resources regulates the drilling and use of wells
(underground water). In the past, the lack of strict regulations caused a significant
drop in the water table in some communities, creating problems for well users.
Currently, new well permits are very restrictive. Most wells are used for households
and are considered “exempt” from the administration within the water
rights priority system. They require a permit from the State Engineer, and are
limited to 15 gallons of water per minute.
Most private wells drilled on or after May 8, 1972 on properties less than 35
acres are permitted for household-use only. Water can be used only inside the
home. Water cannot be used to irrigate gardens, windbreaks, livestock, or any
other outside use. The theory behind this is that household use only “uses”
10% of the water, and the rest returns to recharge the water cycle.
For more information:
http://www.ext.colostate.edu/pubs/garden/07750.html
http://www.ext.colostate.edu/pubs/natres/06700.html
Where does our water come from?
Unlike wells in other places, mountain wells tap into “fractured
rock aquifers.” These are spaces or fractures between subterranean
rocks that are saturated with water. These cracks can be as small
as a human hair. To provide reliable water, a well must intersect
many well-connected water-bearing fractures. The amount of water
a well produces depends on how much water the fracture system bears.
(Interesting fact: a five gallon bucket filled with sand and gravel
could hold 16 cups of water. The same amount of fractured rocks
could only hold 3 teaspoons of water!) Excessive use of water can
draw down the water in the aquifers, and cause wells – either
yours or a neighbor’s – to go dry. We depend on precipitation
to recharge our groundwater and reservoirs, but this isn’t
always reliable. In fact, some part of Colorado is almost always
in drought! So, it is better to treat this precious resource with
respect and caution.
Rainwater harvesting – not often legal
In every state except Colorado, rainwater harvesting is legal. It
seems every garden catalog has a rain barrel system, and all of
them extol the benefits of using rainwater. Unfortunately for us,
we can’t use rainwater harvesting to solve our “household
use only” well permit problems.
The diversion and use of rainwater is subject to the Constitution
of the State of Colorado, state statutes, and case law. New Colorado
residents should understand that water rights in Colorado are unique
compared to other parts of the country. The use of water in this
state and other western states is governed by what is known as the
prior appropriation doctrine. This system of water allocation controls
who uses how much water, the types of uses allowed, and when those
waters can be used. A simplified way to explain this system is often
referred to as the priority system or "first in time, first
in right."
An appropriation is made when an individual physically takes water
from a stream or well (when legally available) and puts that water
to beneficial use. The first person to have appropriated water and
applied that water to use has the first right to that water within
a particular stream system. This person, after receiving a court
decree verifying their priority status, then becomes the senior
water right holder and that water right must be satisfied before
any other water rights are filled. In Colorado, the State Engineer
has the statutory obligation to protect all vested water rights.
The process of allocating water to various water users is traditionally
referred to as water rights administration, and is the responsibility
of the Division of Water Resources.
Most of the stream systems have been over-appropriated, meaning
that at some or all times of the year, a call for water even by
a senior appropriator is not satisfied. Practically speaking, this
means that in most river drainages, a person cannot harvest rainwater
without a plan for augmentation that replaces the stream depletions
associated with that diversion. In most areas of Colorado, the only
sure legal way to use rainwater is to direct roof gutter downspouts
to drain to landscape areas you wish to water.
For more information: http://www.ext.colostate.edu/pubs/natres/06702.html
For more information on ground water and your right to use it, contact:
Ground Water Information at the Colorado Division of Water Resources
at (303) 866-3587 or water.state.co.us/groundwater/groundwater.asp.
There are ways to garden anyway.
You may have to adjust your aspirations. Instead of growing lush
vegetable gardens (which take a tremendous amount of water), or
flower beds full of thirsty plants, you many need to focus on wildflowers
and other xeric plants.
Plan your garden carefully – add lots of organic matter to
the areas where you want to try to grow plants which prefer a little
more water (organic matter acts like a sponge to help hold in the
water), and direct your downspouts to water this area. Roll-out
downspouts, diffuser heads and soaker hoses (with no ends on them
to hold in the water) can direct water to more moisture-loving plants.
Another option is to “Plant with the precipitation.”
We often get a monsoon rainy season starting sometime in July. Native
and xeric plants (bought in pots) that are planted during this time
will usually successfully establish with only the natural rainfall
(and one good watering-in on the day that they are planted). Please
see our high and dry websites for more information:
http://www.coopext.colostate.edu/gilpin/highanddry.html
A final option is to sow wildflower seeds and grasses in the fall.
You can create a beautiful, low water meadow full of color, butterflies,
and birds this way. Sowing seeds in the fall is ideal because this
is when they are naturally sown by the plants. The cool wet of the
winter stratifies the seeds, and allows them to break dormancy in
the spring. The snow will help to keep them watered, and will keep
the birds off of them. For more detailed information on how to sow
wildflowers, see http://www.ext.colostate.edu/pubs/garden/07233.html
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