Colorado's Green Water Law: Private Wells Impact?

Water rights in Colorado are a complex issue, and the rules and regulations that apply to private wells can be difficult to navigate for new homeowners. The state's water laws and management are intricate, and the quality and quantity of groundwater can be uncertain. Private wells in Colorado are not regulated by the federal Safe Drinking Water Act, and individual well owners are responsible for ensuring the safety of the water they draw from their wells. The Colorado Green Water Law, also known as the Priority System of Water Rights, distinguishes between exempt and non-exempt wells, with most private domestic wells falling under the exempt category. This paragraph introduces the topic of whether the Colorado Green Water Law applies to private wells, highlighting the complexities of water rights and the responsibilities of well owners in the state.

Well permits and registration

The process begins with identifying the type of well and its intended use. Most private domestic wells in Colorado are "exempt" from administration in the priority system and do not require augmentation plans. These wells are typically limited to 15 gallons of water per minute and are restricted to indoor use for properties less than 35 acres. On the other hand, wells for irrigation or other purposes are considered "non-exempt" and are subject to the priority system, requiring augmentation plans.

The DWR offers resources such as the Guide to Colorado Well Permits, Water Rights, and Water Administration, which provides valuable insights into the permitting process, types of permits, and considerations for purchasing property with a well. The DWR's website also features a Well Permits database, allowing users to search for permits by number, type, region, and other criteria.

To obtain a permit for a new well, applicants can refer to the Beginner's Guide to Well Permits, which outlines the application process and available application types. The DWR accepts applications by email, and associated fees can be paid online. The review process for complete applications can take up to 49 days.

For those seeking to register an existing well, the DWR provides a Well Permit Search Tool and Map Viewer Tools to access information on registered well permits. These tools offer details such as allowable uses, original permit applications, and well construction and pump installation records.

It is important to note that additional rules and regulations may apply for wells located in specific areas, such as the Denver Basin or Designated Basins. These rules are typically available on the relevant pages of the DWR website.

Water quality and health

Water quality is a critical issue in Colorado, given its agricultural heritage and economy, robust tourism industry, and limited natural resources. The state's water quality is influenced by various factors, including geological formations, climate, vegetation, and human activities. Ensuring safe drinking water and protecting water resources are key priorities for the state.

Colorado's water quality is of utmost importance for the health and well-being of its residents and the environment. The state has a diverse geography, ranging from mountainous regions to arid areas, which influences water availability and quality.

The Colorado Department of Public Health and Environment's Water Quality Control Division plays a vital role in monitoring and safeguarding the state's water resources. They work to prevent water pollution, protect and enhance surface and groundwater quality, and ensure safe drinking water for all.

Private Wells

Private wells are a significant source of drinking water for many Colorado residents, especially in rural areas. However, it is important to note that private wells are not regulated by the Safe Drinking Water Act or the state of Colorado. The responsibility for water quality testing, interpreting results, and addressing any issues rests with the individual well owners.

The water quality in private wells can be influenced by various factors, including natural geological formations and human activities. Natural factors include the presence of minerals, metals, or radionuclides like radon and uranium in the soil and underlying rock. Human-induced factors, such as industrial and municipal wastewater discharges, stormwater runoff, and agricultural activities, can also impact water quality.

To ensure safe drinking water from private wells, well owners should regularly test their water and take appropriate measures to maintain water quality. Resources like the Wellcare Hotline and the Colorado State University water quality interpretation tool can provide valuable information and assistance to well owners.

Public Water Systems

In contrast to private wells, public water systems in Colorado are subject to strict regulations under the Safe Drinking Water Act. These systems are monitored and regulated by government agencies to ensure the water supplied to residents meets safe drinking water standards.

The National Primary Drinking Water Regulations, set by the EPA, establish mandatory maximum contaminant levels and voluntary goals to protect public health. These regulations cover a range of contaminants, including microorganisms, disinfectants, inorganic and organic chemicals, and radionuclides.

Water Quality Monitoring and Improvement

Colorado employs various mechanisms to control water pollution and improve water quality. The state issues discharge permits that regulate municipal and industrial wastewater and stormwater discharges, placing limits on the amount of pollutants released into the state's waters. Control regulations are also implemented to protect specific water bodies or regulate certain activities, such as biosolids application and wastewater reuse.

Voluntary controls, such as nonpoint source pollution prevention programs, aim to stop pollution at its source. Additionally, grants are provided to organizations working to enhance water quality.

The state also conducts routine water quality monitoring at permanent sites across Colorado, collecting data on metal and nutrient levels, bacteria, and other parameters. This data is used to assess the health of the state's water bodies and ensure compliance with water quality standards.

In conclusion, water quality and health are closely intertwined in Colorado. While the state actively works to protect and improve water quality, individual well owners play a crucial role in ensuring the safety of their drinking water. Regular testing, proper maintenance, and staying informed about water quality issues are essential steps for all Coloradans to safeguard their health and the environment.

section of the Safe Drinking Water Act that applies

In Colorado, the Safe Drinking Water Act does not apply to private wells. Instead, it only applies to public drinking water systems, which are defined as government or privately-run companies that supply water to 25 people for at least 60 days of the year or have at least 15 service connections. As such, individual well owners are primarily responsible for ensuring the safety of the water drawn from their private wells.

The Safe Drinking Water Act is a federal regulation that ensures the safety of public water systems, which must comply with federal and state regulations for frequent analysis, testing, and reporting of results. However, private well owners do not benefit from these government health protections.

The quality and safety of drinking water from private wells are generally not regulated by the Federal Government under the Safe Drinking Water Act, nor by most state governments and their respective laws. As a result, private well owners are tasked with ensuring that their drinking water is safe for household consumption.

A study by the U.S. Geologic Survey highlights the importance of private well safety. Their study of 2,100 private wells found that approximately one in five wells contained contaminants at concentrations that exceeded human health benchmarks for drinking water. This underscores the need for private well owners to be vigilant about the quality and safety of their drinking water.

While the Safe Drinking Water Act does not apply to private wells in Colorado, there are still resources available to assist private well owners. The EPA provides educational materials and resources, as well as safety publications, to help private well owners understand the importance of groundwater and aquifers, and how to protect their health and well-being.

Well construction and maintenance

Most private domestic wells in Colorado are "exempt" from administration in the priority system and do not require augmentation. These wells are generally limited to 15 gallons of water per minute and require non-evaporative wastewater systems such as septic tanks and leach fields. Exempt wells are typically used for households and are limited to indoor use if the property is less than 35 acres.

Wells for most other uses, such as irrigation, are considered "non-exempt" and are administered within the priority system. These wells may have additional restrictions on their use and, since they are junior in priority, they must have augmentation plans to replace water in over-appropriated basins.

The Division of Water Resources has several types of well permit application forms, and the specific rules that apply to a well depend on its location. For example, wells in the Denver Basin or designated basins may have additional rules and regulations that apply.

Once a well is constructed, it must comply with the Colorado Revised Statutes and Rules and Regulations for Well Construction and Pump Installation. The Well Inspection Program was created to protect groundwater resources and public health by enforcing these minimum standards. The program includes three inspectors, including the Chief Well Inspector, who monitor and enforce compliance with the rules and regulations.

Well owners are responsible for maintaining the safety of the water drawn from their wells. Regular well maintenance and testing are essential to ensure the well functions properly and provides safe water for its intended use. Well maintenance may include tasks such as debris removal, pump repair or replacement, and water quality testing.

Water rights and priority systems

Firstly, it is important to note that private wells in Colorado are generally not subject to water quality regulations like the Safe Drinking Water Act. This Act only applies to "public drinking water systems", which are defined as government or private companies that supply water to 25 or more people for at least 60 days a year or have at least 15 service connections. As such, individual well owners are responsible for ensuring the safety of their water, and they do not benefit from the same government health protections as public water systems.

When it comes to water rights and priority systems, Colorado operates under the ""first in time, first in right" principle. This means that senior water rights holders, or those who have been using water sources the longest, have priority over junior rights holders. This principle applies to both surface water and groundwater, as they are considered hydraulically connected. So, even if a senior right holder is using surface water and a junior right holder is using groundwater, the junior right holder must consider the impact on the senior right.

Most private domestic wells in Colorado are considered "exempt" from administration in the priority system and do not require augmentation plans. These wells are typically limited to 15 gallons of water per minute and are generally used for household purposes. They require non-evaporative wastewater systems, such as septic tanks and leach fields.

On the other hand, wells used for other purposes, such as irrigation, are considered "non-exempt" and are administered within the priority system. These non-exempt wells are junior in priority and must have augmentation plans to replace water in over-appropriated basins. Their use is limited by the terms of their permits, and they often need to purchase augmentation water.

To obtain a well permit in Colorado, one must apply to the Colorado Division of Water Resources, also known as the State Engineer's Office. The specific type of well permit depends on factors such as the property size, intended use, and location.

Frequently asked questions