This information pertains to the Colorado Division of Water Resources’ actions regarding the division of land into parcels of less than 35 acres, either by an exemption from county subdivision regulations (Section 30-28-101(10)(d), C.R.S.) or as a subdivision as defined in Section 30-28-101(10)(a), C.R.S., where the water supply would be from individual on-lot wells.
Responses Regarding Water Supply
Each year the Colorado Division of Water Resources (DWR) receives numerous requests from individuals for a letter regarding “proof of water” for their division of land. Generally, these requests are for confirmation that either well permits can be issued for the resulting lots or that the proposed water supply is adequate. Regrettably, DWR generally cannot grant these requests for the following reasons:
First, DWR cannot make verbal or written confirmation for any situation where a well permit may be issued. All well permits are issued pursuant to Colorado Revised Statutes and an application for a well permit must be submitted to DWR for a thorough review in accordance with all applicable statutes, rules, and policies. The issuance of any well permit cannot be guaranteed prior to a completed review of an application.
Secondly, DWR only responds to written requests from counties to review a proposed subdivision’s water supply plan for adequacy of the water supply and the potential to cause material injury to vested water rights. DWR does not review the water supply plans of proposed subdivisions submitted by private individuals without a corresponding written request from a county. In addition, DWR does not necessarily respond to referrals regarding any other type of land use action such as lot line adjustments, zoning changes, special use of land, and division by exemption.
For more information regarding the Division of Water Resources' role in evaluating the water supply plan for new parcels of land and well permitting in those situations, see the Updated Memorandum Regarding Subdivisions (March 2011) and Policy 2011-1 Evaluation of Subdivisions and Subdivision Exemptions or visit the page for additional information about Subdivision Water Supply Plans.