Now is the time to file for water rights in the White River basin.

Last year a major water user on the White River below Meeker, Colorado, informed the Division of Water Resources (“DWR”) that river flows had dropped to the point that it could no longer divert its full decreed water right.  As a result, the user requested to place “a call” on the river – something that had never happened before in that area. 

That call request triggered DWR to start the process to formally designate the White River as “over- appropriated.”  This is significant because, once in effect, it will restrict access to most groundwater rights, requiring approval of an augmentation plan for their use.  Groundwater rights impacted by this include conventional water wells as well as ponds (or pit wells) that are excavated below the water table.

Although the formal designation is not yet in place, it is expected in the coming weeks.  When similar situations have arisen in other parts of the state, DWR has typically allowed existing well permit holders to operate without enforcement of the call until DWR has had time to develop comprehensive groundwater rules.  Developing those rules is a complex process and will likely take many years – potentially over a decade. 

Here's the takeaway: If you have an existing well or groundwater pond that is not currently permitted -- or if you have considered developing a groundwater right in the future -- now is the time to act. You may have a limited window to obtain a well permit that will be “grandfathered” for the foreseeable future, allowing it to continue operating even when the call on the White River is enacted.

If you would like to learn more, please give our office a call at 970-241-5500.

Written by Rob Pierce