Water decides the deal
Colorado water rights, wells and land: what buyers ask.
Wells and well permits, irrigation ditch shares, water rights, zoning and mineral rights on Colorado acreage, horse property and ranches, explained before you buy.
A live person answers. Not a robot, not a phone tree.
Read this before you buy acreage
How do water rights work when you buy land in Colorado?
Colorado water law follows prior appropriation, known as first in time, first in right. Water rights are property separate from the land, so a buyer only gets them if the contract, the deed and any ditch-company shares say so. Most rural homes run on a well, and the well permit, not the size of the parcel, decides whether you can water a pasture, a garden or horses.
This guide covers the water, well, zoning and mineral questions that come up on horse property, ranches and acreage from Franktown and Elizabeth to Berthoud and Longmont.
Water
Wells, ditches and water rights.
- Well permits. Every well has a permit with the Colorado Division of Water Resources. The permit lists the allowed uses. Household-use-only permits cover the inside of the house; domestic and livestock permits can add a small lawn and animals. Look up the permit by number before you sign.
- Denver Basin wells. Much of Douglas, Elbert and Arapahoe counties draws from the Denver Basin aquifers. Some wells there operate under a court-approved augmentation plan with rules on how much can be pumped.
- Irrigation ditch shares. Shares in a mutual ditch company can be transferred by stock certificate, not by deed. Confirm the number of shares, any assessments due and when water runs in your ditch.
- Adjudicated water rights. Decreed water rights are set by one of Colorado's water courts and carry a priority date. Older priorities are worth more. A water attorney or engineer can review the decree.
- Ponds. A pond may need a water right of its own to stay full legally. Ask whether the pond is decreed or augmented.
- Testing. Order a flow test and a water-quality test on any well, and inspect the pump and pressure tank.
Land
Zoning, parcels, fences and minerals.
- Zoning. The county zoning decides how many animals you may keep, whether you can add a barn or an accessory dwelling, and whether you can run a business on the property.
- 35-acre parcels. Colorado exempts parcels of 35 acres or more from most county subdivision review, which is why so much acreage is sold in 35-acre lots. Smaller parcels follow the county's rules.
- Agricultural tax status. Land actually used for agriculture can be classified and taxed on its productive value. A change of use, or no agricultural use, can change the tax bill. Ask the county assessor before you buy.
- Fences. Colorado is a fence-out state: in open range areas a landowner fences livestock out, rather than the owner fencing them in. Check fence lines against the survey.
- Mineral rights. Minerals are frequently severed from the surface in Colorado. The title commitment shows reservations; a surface-use agreement may govern access.
- Easements and access. Confirm legal, recorded access to the property and any easements for utilities, ditches or neighbors.
Acreage for sale now
Acreage and horse property over $1 million south and north of Denver
Single-family homes from $1,000,000 in Franktown, Elizabeth, Kiowa, Elbert, Larkspur, Sedalia, Castle Rock, Parker, Berthoud and Longmont, highest price first. Acreage, barns and water vary by listing; ask us about any one of them.
Want to see one of these, or a home that is not on the market yet? Call or text 303-955-4220. A live person answers.
Quick answers
Water and land questions, answered.
Do water rights come with the land in Colorado?
Not automatically. Colorado water rights are property separate from the land. They pass only if the deed, a separate water deed or ditch company shares transfer them. Name them in your contract.
What is an exempt well in Colorado?
A small-capacity well permitted for household use, sometimes with a small lawn, garden and livestock, without a water-court decree. The permit spells out the allowed uses; many smaller parcels are limited to in-house use only.
What does 'first in time, first in right' mean?
Colorado follows prior appropriation: the oldest water rights are filled first in a dry year. A senior right on a ditch is worth more than a junior one.
Can I keep horses on my land?
It depends on the county zoning and, for water, on your well permit. An in-house-only well does not allow watering livestock. Check both before you buy.
What is a 35-acre parcel in Colorado?
Under state law, dividing land into parcels of 35 acres or more is exempt from most county subdivision review, which is why so much Colorado acreage comes in 35-acre lots.
Who owns the minerals under the land?
Sometimes someone else. Mineral rights in Colorado are frequently severed from the surface. The title commitment shows any mineral reservations; ask about them before closing.
Private consultation
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Kenna Luxury Real Estate is a division of The Kenna Group at Keller Williams DTC (KWDTC).