The Ranch Wire: Water World Series, Over-Appropriation

TPG | RANCH PROPERTIES | Brian Ripley

970.688.1464 | brian@mybrokers.com | ThePaoliGroup.com/Ranches

WATER WORLD SERIES OVER-APPROPRIATION Water is the lifeblood of our communities, agriculture, recreational pursuits, and ecological health.

Coming off of periods of drought and regional population growth, what happens when demand is greater than supply?

Erin Light, Division 6 Engineer for the Colorado Division of Water Resources, has been dealing with the changes in the region and educating the public on the impact of over-appropriation. While the majority of Colorado has been deemed over-appropriated for some time, the northwest Colorado region is in the midst of an evolution within the local “water world” due to pending over-appropriation designations. Here is a summary of the need-to-know items: Defining “Over-Appropriated” A system is considered over-appropriated when water supplies are insufficient to meet decreed water rights within the system for a specific period of time or potentially the entire year.

What is a “call”?

A “call” on a water right is when a historically senior water right holder exercises their legal right to their allocated water which requires junior water right holders impacting the delivery of that water to cease any use • Junior water rights (newer rights in the first-in-time, first-in-right priority allocation system) may not be met all of the time, in every year, in an over-appropriated system What about wells?

1st – It should be understood that wells are considered part of the overall water system. Surface water and ground water are correlated in most river systems (ground water is tributary to surface water).

• “Exempt” Wells – these residential wells are “exempt” from the priority allocation system and therefore not impacted by a call.

• Over 35 acres – an exempt well permit for up to 3 dwellings, 1-acre of lawn/garden irrigation, and watering of domestic animals can still be obtained in the over-appropriated region • Under 35 acres – a residential permit for in-house use only can be obtained in an over-appropriated region • Any additional use would need to be augmented What is augmentation?

Augmentation is the method of replacing and accounting for water used when the use of that water is not granted by right or permit. An individual may use water for unpermitted uses or when out of priority during a call so long as they put an equal amount of water back into the system through a legally approved plan. The plan must be submitted to the water court and describe the source, use, and amount of water along with other specific information.

• Cost – The source of the supplemental/replacement water will certainly come at a cost. Various agencies provide augmentation water such as conservation districts and municipalities.

Environmental and population considerations will continue to impact the supply and demand of water in the west. Over-appropriation designation is a necessity when the source of water cannot keep up with the desired uses. While that designation comes with restrictions, it also comes with a structure to achieve future goals and objectives.

BRIAN RIPLEY

Ranch & Rural Property Consultant The Paoli Group Colorado Group Realty (970) 688-1464 ThePaoliGroup.com/Ranches 509 Lincoln Ave | PO Box 775430 Steamboat Springs, CO 80477