Water rights guide

Decreed rights vs. exempt wells

The difference between an adjudicated surface right, an augmented well, and a household-use-only exempt well.

Adjudicated surface rights

Court-decreed rights to divert from a stream, with specified amount, source, and place of use. Fully tradable and typically the most valuable.

Non-exempt wells

Wells that pump tributary groundwater must operate under an approved augmentation plan that replaces depletions to the stream. Common for irrigation and commercial use.

Exempt wells

Small-capacity wells serving a single-family home. Uses are strictly limited — typically indoor household use plus limited outdoor irrigation on parcels of 35+ acres.

Buyer beware

A property listed as 'has a well' may only have an exempt permit. That is not enough to irrigate crops, water livestock at scale, or supply a subdivision.

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