Do I have water rights on my property?
In Colorado, owning the land does not automatically mean owning the water. Water is a separate property interest, governed by prior appropriation and adjudicated in state water court. This guide walks through the five things to check before you assume a property has usable water — and where TerraScope pulls the underlying records.
A Colorado property has usable water rights if at least one of the following is true:
- • The deed conveys a specific decreed water right (surface or storage) with a priority date and case number.
- • The deed conveys shares in a mutual ditch or reservoir company (e.g., "10 shares of the New Cache la Poudre Irrigating Company").
- • A valid well permit is on file with the Colorado Division of Water Resources for a well on the parcel.
- • The parcel is inside a water district or municipal service area that provides tap water under contract.
If none of these are true, the property likely has no usable water beyond limited rainwater capture. A Verified Property Intelligence Report confirms which of these apply and pulls the underlying documents.
The five checks, in order
- 01Read the deed carefully
Look for the phrases 'together with all water and water rights', specific decree case numbers (e.g., 'Case No. W-1234'), or ditch company share counts. A generic 'together with all appurtenances' clause is not enough — Colorado courts have held it does not automatically transfer water rights.
- 02Look up the decree in state water court
Every adjudicated right has a case number, priority date, source stream, decreed amount (in cfs or acre-feet), and place of use. The Colorado Division of Water Resources' HydroBase and CDSS tools let you search by decree, structure, or WDID.
- 03Check well permits
Search the DWR well permit database by parcel or address. Note whether the permit is exempt (household use only, ~1 acre irrigation cap) or non-exempt (requires an augmentation plan). Exempt wells cannot legally irrigate a commercial crop.
- 04Confirm ditch company standing
If shares are claimed, call the ditch company. Confirm shares are current on assessments, not in delinquency, and that headgate delivery is physically possible to the parcel.
- 05Verify the right hasn't been abandoned
Colorado water rights can be lost through 10+ years of continuous non-use with intent to abandon. The state publishes a decennial abandonment list. Check the most recent list for the county.
- • A creek running through the property does not give you the right to use its water.
- • A pond built before permitting rules may still require a storage right today.
- • Rainwater capture is limited to two 55-gallon barrels at a residential property.
- • Buying "the farm" does not always buy "the water" — check the deed language explicitly.
Concept guides
Why 'first in time, first in right' governs Colorado water — and what a priority date really means.
The difference between an adjudicated surface right, an augmented well, and a household-use-only exempt well.
How mutual ditch company shares appear on a deed, on a tax bill, and in a title commitment.
When water rights transfer with the land, when they don't, and how rights are lost through non-use.
Colorado county lookup guides
Where to pull decrees, well permits, and ditch records for the counties SKI(Y) Vision covers today.
South Platte basin, heavy ag + oil & gas overlay. Where to pull decrees and well permits.
Poudre & Big Thompson. C-BT units, ditch shares, and mountain-property well limits.
Upper South Platte headwaters. Exempt wells, augmentation plans, and subdivision water.
Dolores Project water, tribal boundaries, and irrigated ag in the southwest corner.
Denver Basin aquifer rules for rural residential — non-tributary vs. not-non-tributary.
Have a specific Colorado property in mind?
A Verified Property Intelligence Report ($249) confirms the deed language, pulls the decree and well permit records, cross-checks ditch company standing, and delivers a 10–15 page human-reviewed PDF. For multi-generation or multi-decree holdings, a Family Water Rights Portfolio provides the guided professional service.
Educational information only. Not legal advice. Colorado water law is complex and fact-specific; consult a Colorado water attorney for any transaction or dispute.