Most people looking at land in Colorado ask whether they can get a well. That’s the wrong question. You can almost always get a well. The question is what the permit lets you do with the water, and that comes down to one number.
At 35 acres or more you can generally get a Domestic and Livestock permit. Up to three dwellings, water for livestock and domestic animals, and irrigation of up to one acre of lawn and garden.
Under 35 acres you generally get Household Use Only. That means inside the house. That is the whole list. No garden, no lawn, no animals, no outdoor use of any kind. One well, 15 gallons a minute, and the State Engineer has to deny it outright if it would injure somebody’s vested right.
Now the part that matters. Almost every cheap parcel moving in the San Luis Valley right now is five acres. Blanca, Fort Garland, San Luis, Mesita. They run $5,000 to $9,000 and they get marketed as off-grid homestead land, grow your own food, keep a few animals. I went through one seller’s inventory last week and found seven lots between 2.56 and 5.08 acres, every one of them written that way.
Somebody reads that, buys it on payments, and finds out at the Division of Water Resources that his permit won’t let him put water on a garden.
Here’s how to check before you buy, free.
Go to the DWR well permit search at dwr.state.co.us/Tools/WellPermits.
Filter to the county the parcel is in. If you have the township, range and section off the deed or the assessor’s record, narrow it to that.
Open the permits on parcels near yours. Not one. Several.
Read the Use field on each one. You’re looking at whether your neighbors were issued Domestic, or Household Use Only.
Whatever the permits in that same subdivision say is almost certainly what you’re going to get. If every one around that section reads Household Use Only, that’s your answer, and it isn’t going to come out different for you.
One exception worth knowing about. Some subdivisions have their own augmentation plan, which is a court-approved arrangement that replaces the water the wells pull out of the stream. If a parcel sits inside one, the rules change. The seller should know whether there is one, and if he doesn’t know, that tells you something too.
Bottom line, a well permit is permission to drill. It’s also a restriction on use, and the restriction is the part nobody reads.
I do due diligence on raw land for a living. Happy to answer permit questions in the comments. If you’ve got a parcel actually under contract, DM me.