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What the Hell, It's My Well!
Leslee T. Alexander November 2008
Living in the rural Rocky Mountains of Colorado is great! Stellar
views. Great folks. Excellent playground. But it is a challenge.
High winds. Short summers. And it's dry. There just isn't much water
around. We draw our water from a residential well that was dug when
our log home was built in 1996. We own it. But we don't own the
water that it draws. Even though we have two acres and a pond, I
can't water livestock here. And I know many of us turn to the spigot
to keep our vegetables from withering and our blooms bright. But
that is not legal either. That well is not meant to be used for
any outside purposes at all.
Unbeknownst to most mountain folk, there are strict rules governing
the use of water from that well. If you are like me, you own a home
on a few acres in a rural subdivision in the mountains. Your water
comes from a private residential well on your property. As of June
1, 1972, the majority of residential wells in the state were deemed
for "household use only" with no outside uses allowed. But what
the hell, it's my well!
The law is simple and strict. No watering of lawns and gardens.
This includes irrigation of vegetable gardens, landscape plantings
and even container gardens (no hanging plants, please). Nor is a
greenhouse considered an ordinary household use inside a single
family dwelling. In fact, watering of domestic animals and livestock,
including poultry, is not allowed. You cannot even water horses,
cows, llamas, goats, chickens, rabbits, or any farm animal for that
matter. And don't even think about washing your car.
What about Fido and Sylvester? Luckily, the watering of pets, small
pets that is, like dogs, cats, birds and hamsters, are included
as an ordinary household use. I guess they are considered family,
even if the watering bowl is set outside. But don't get too excited.
Watering of animals for a commercial kennel or boarding operation
is not considered an ordinary household use.
And the real kicker, if you think you are the lucky one to have
a well built before that magical date in 1972, think twice. Though
those wells are not labeled "household use only" the current use
must reflect historical uses in place as of the aforementioned date.
So you can't just install a new flower bed, water your child's first
pony, or get chickens without checking your records.
How about collecting rain water for your outdoor needs? It is all
the rage in most drought stricken regions of the USA. But no can
do in Colorado. Headwater streams all begin with rainwater. If you
were to set up a rainwater collection system today, taking it would
cause injury to the water rights downstream. Those water rights
were established over a hundred years ago.
So you ask, who's going to catch me? Usually your neighbor. In
an arid climate most citizens already conserve water. And we all
want our own well to run properly. Anyone can complain to the local
water commissioner. Their job is to ensure water is used appropriately.
If you are caught, tattled-on or found-out, for an "un-permitted
use" (i.e. doing any of the above), then you will be asked to stop.
If you don't stop, you may be fined or taken to court.
This is the classic "tragedy of the commons." If everyone uses
water for their own best interest, and ignores the interest of others,
the resource will run out, despite the fact that it is not in anyone's
best interest for that to happen.So, the onus is on each of us.
We must think of the greater good for all of our neighbors.
So what are High Country Coloradans to do? You can truck it in,
but that's not feasible. Best thing is to live within the rules
and be creative. In my case, I've gone native for my flowers. Plants
indigenous to the area are resilient to the stresses typical at
9,000' in elevation and thrive with little water. My garden beds
are tough. Potatoes, carrots, garlic and kale can make it through
the harshest of conditions. We love our dogs and cats, and recently
added a guinea pig. Plus, these things are all easier to care for
and leave more time to enjoy the outdoors.
For more information:
Gilpin County Master Gardener http://www.coopext.colostate.edu/gilpin/MG.shtml
Denver Water - Guide to Well Permits, Water Rights, and Water Administration
http://www.water.state.co.us/pubs/wellpermitguide.pdf
Denver Water - Water Harvesting http://www.water.state.co.us/pubs/policies/waterharvesting.pdf
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