Are you eyeing acreage near Calhan and wondering if the water will support your home, animals, or garden? In rural El Paso County, the right water source and the right legal rights can make or break your build plan. You want clarity before you invest time, money, and energy. This guide gives you the essentials on wells, rights, and records so you can buy with confidence. Let’s dive in.
Why water rights matter in Calhan
Much of the land around Calhan relies on private wells or irrigation deliveries rather than municipal service. Your ability to build, landscape, water livestock, or irrigate depends on both water availability and the legal right to use it. In Colorado, water is managed under prior appropriation. That means senior rights get served first during shortages. Water rights can be separated from the land, recorded on their own, and enforced through state administration.
You will see two big buckets in Colorado: surface water and groundwater. The legal category of the water source affects your permit path, potential need for augmentation, and long-term reliability.
Colorado water law basics
Colorado manages water under the doctrine of prior appropriation. In simple terms, first in time is first in right. The Colorado Division of Water Resources oversees permits and administration, and specialized Water Courts handle adjudication and changes. Groundwater and surface water are not treated the same, and that matters for your plan.
Surface water
- Surface water includes rivers, streams, canals, and ditches.
- Use typically requires a decreed water right that spells out the priority date, amount, and use.
- If a property uses ditch deliveries, there may be ditch company shares or stock that can be bought or sold separately from the land.
Groundwater categories you will hear
- Tributary groundwater: Connected to streams. Pumping may require replacement water through an augmentation plan if it impacts streamflows protected by senior rights.
- Nontributary groundwater: Often deeper and not connected to streams. Many wells in the region target deeper Denver Basin aquifers. Rules differ, and pumping is often managed as a largely nonrenewable resource over long horizons.
- Exempt domestic wells: A limited exemption in law allows small domestic or stock wells with strict use limits, usually for a single home, household uses, livestock watering, and a small lawn or garden.
The Denver Basin in eastern El Paso County
Much of eastern El Paso County, including the Calhan area, sits over the Denver Basin aquifer system. These are the Dawson, Denver, Arapahoe, and Laramie–Fox Hills units. They can provide reliable supply for many years, but they recharge slowly compared to withdrawals. In many locations, water levels have declined over time. Plan for careful well design and realistic long-term expectations.
- Learn more about statewide administration at the Colorado Division of Water Resources.
- Explore regional groundwater science at the U.S. Geological Survey.
How well permits work
Who regulates and where records live
- The Colorado Division of Water Resources issues well permits, keeps well logs, and administers water rights.
- Water Courts adjudicate rights and changes to those rights.
- El Paso County handles land-use approvals, building permits, and septic reviews, but county approvals do not replace state water-rights administration.
Authoritative sources:
- State permitting and records: Colorado Division of Water Resources
- Court decrees and cases: Colorado Water Courts
- County land-use and deed records: El Paso County
Common permit types in plain English
- Permitted well: Has a state permit with defined uses, pumping limits, and any conditions such as augmentation requirements.
- Exempt domestic well: A small household or stock well with strict limits on use and annual volume. It does not grant broad irrigation or commercial use.
- Irrigation or commercial well: Larger uses that require proof of available water and, in many cases, participation in an augmentation plan.
- Denver Basin well: Drilled into deeper basin units. These permits follow basin-specific rules and accounting that manage long-term depletion.
What a well permit or log tells you
A well file can include the permit number, drilling depth, construction details, static water level, screened intervals, pump test data, allowed uses, and conditions. This is your starting point for understanding performance and legal use.
Augmentation and curtailment
If a well draws from tributary sources, you may need an augmentation plan to replace depletions to streams protected by senior rights. During shortages, junior rights can be curtailed. Knowing the priority date and legal status of any water linked to your parcel helps you avoid surprises.
Due diligence checklist for Calhan land
Start this work early, ideally during your offer or right after going under contract.
Documents and records to order
- Deed and title: Confirm if water rights are included, reserved, or severed.
- County filings: Look for any recorded water-right documents, ditch stock transfers, and easements.
- Well records: Request the state well permit number, the well log, static water level, and any pump tests.
- Water Court records: Search for decrees, change cases, or augmentation plans tied to the property or nearby wells.
- Ditch company file, if applicable: Verify shares, typical annual deliveries, and assessments.
- Local service info: If you are inside town limits or a district, get connection terms and capacity details.
Questions to ask the seller and authorities
- Is there an existing well? What is the permit number, depth, static level, pump capacity, year drilled, and use type?
- Is the well exempt domestic, irrigation, or another category? What uses are allowed today?
- Are any water rights or ditch shares included in the sale, and are they recorded separately?
- Does the well draw from the Denver Basin aquifers or another named aquifer? Are there any basin-specific restrictions?
- Has the source been used consistently for the same uses claimed in the listing? Are there recent yield tests?
- Are there curtailments, pending court cases, or mitigation obligations that affect the well or neighboring wells?
- Is the parcel in a designated management area or subject to local rules that could affect drilling or pumping?
- Are there shared wells or easements, and are those agreements recorded and enforceable?
Where to verify
- Well permits and logs: Colorado Division of Water Resources
- Decrees and court cases: Colorado Water Courts
- County records and parcel history: El Paso County
- Educational background on Colorado water rights: CSU Extension
- Regional aquifer science: U.S. Geological Survey
Red flags and smart protections
Watch for these warning signs, then take the follow-up steps listed below.
Red flags
- No state well permit or incomplete well log for an existing well.
- Seller cannot document permitted uses or production capacity.
- Water rights were explicitly severed in a past deed.
- Shared well with no recorded and enforceable agreement.
- Location within areas studied for notable Denver Basin water level declines.
- Historic irrigation use with no recorded irrigation right.
Practical tests and investigations
- Pull the official permit and well log from the State Engineer’s records.
- Commission a 24 to 72 hour pump test by a licensed well tester.
- Gather maintenance records for the pump, pressure tank, and distribution system.
- If ditch water is involved, request delivery history and recent assessments from the ditch company.
- Coordinate septic suitability and setbacks before finalizing your homesite.
Professionals to involve
- Water-rights attorney for complex title, adjudication history, or ditch share purchases.
- Hydrogeologist or water-resource engineer for larger acreage, multiple wells, or Denver Basin planning.
- Licensed well driller or tester for yield verification and construction review.
- County planning and septic officials for building feasibility linked to water and wastewater.
Plan for long-term supply
Exempt domestic wells often meet a single rural home’s needs, but they are not a forever guarantee. In areas with competing demands or declining aquifers, you should plan for conservation, routine maintenance, and potential future upgrades.
If your supply depends on the Denver Basin, think in decades. The resource is largely finite on human timeframes. Your long-range plan may include deeper drilling, a replacement well, or alternative supplies. If your intended use goes beyond household needs, budget time and cost for possible augmentation or Water Court work.
For statewide planning context and policy updates, follow the Colorado Water Conservation Board.
Next steps for Calhan buyers
- Confirm your intended uses, from household and livestock to landscaping or irrigation.
- Pull the state well records and verify permitted uses through the Colorado Division of Water Resources.
- Search for any decrees or pending cases through the Colorado Water Courts.
- Coordinate site planning with El Paso County to align water, septic, and building timelines at El Paso County.
- Engage the right professionals early. A water-rights attorney and hydrogeologist can save months later.
When you are ready to evaluate a specific parcel, reach out. Our team pairs local land expertise with a clear, step-by-step process. We can coordinate records, refer trusted specialists, and guide you from offer to close. Start a conversation with CC Signature Group - Camellia Coray.
FAQs
What are water rights for Calhan, Colorado land purchases?
- In Colorado, water is managed by prior appropriation. Rights can be separate from the land and are administered by the Colorado Division of Water Resources and Water Courts.
How do I check a Calhan property’s well permit and log?
- Request the state permit number from the seller, then verify the permit and well log with the Colorado Division of Water Resources.
What is an exempt domestic well in El Paso County?
- It is a small household or stock well with limited uses and volumes. It does not authorize broad irrigation or commercial use, and it must follow state permit conditions.
What is the Denver Basin aquifer and why does it matter near Calhan?
- The Denver Basin is a set of deep aquifers under parts of eastern El Paso County. Supplies can be reliable but are largely nonrenewable on human timeframes, so planning is key.
When do I need an augmentation plan for a rural Calhan well?
- If your well is tributary to a stream and could impact senior surface rights, you may need to replace depletions through an augmentation plan. Check your permit and consult records and professionals.
