Water rights
How do water rights work when you buy mountain land in Colorado?
In Colorado, water is its own property right, and on mountain land near Denver it does not come with the parcel unless the paperwork says so.
A live person answers. Not a robot, not a phone tree. Updated September 2026.
Photos: Small ranch house and cattle in a mountain valley, Madison Kuhn (Unsplash).
Colorado water rights follow prior appropriation: the Colorado Constitution gives the better right to the earlier appropriation. Ten years of not using a right creates a presumption it is abandoned. Most of the Front Range mountain counties sit in the South Platte basin, where Water Court Division 1 in Greeley decides the rights.
First in time, first in right.
Colorado Constitution Article XVI, Section 6.
Ten years of nonuse.
Ten or more years without beneficial use creates a presumption of abandonment.
Division 1, Greeley.
It hears South Platte basin water cases.
Blanket augmentation.
The Center of Colorado Water Conservancy District runs a plan for the county's South Platte side.
What principle are Colorado water rights based on?
- Prior appropriation. Article XVI, Section 6 says priority of appropriation gives the better right between users for the same purpose.
- Domestic use comes first in a shortage. When a stream runs short, domestic use has preference, then agriculture over manufacturing.
- Beneficial use is the test. Under C.R.S. 37-92-402(11), ten or more years of not applying water to beneficial use creates a rebuttable presumption of abandonment.
Which river basin and water court covers mountain land near Denver?
- South Platte basin. CSU lists Jefferson, Clear Creek, Gilpin, Boulder, Larimer, Park and Teller among the 23 counties in the South Platte basin.
- Park and Teller are split. Both also sit partly in the Arkansas River basin.
- Division 1 hears South Platte cases. Water Court Division 1 sits in Greeley.
- The resort counties drain west. Summit, Grand, Eagle, Pitkin and Routt sit in the Colorado River basin. Water Court Division 5 in Glenwood Springs hears Colorado River basin cases.
What is an augmentation plan, and why does Park County have one?
- It replaces water a well takes. An augmentation plan puts water back in the stream so a newer well does not injure older rights.
- Park County has a blanket plan. The Center of Colorado Water Conservancy District runs a blanket augmentation plan for property owners in the South Platte part of the county.
- Owners buy a share. Owners buy augmentation water through the Headwater Authority of the South Platte and skip filing in water court on their own.
Ask the seller whether a well sits under an augmentation plan, and get the certificate in the closing file.
How do you check water rights on a mountain parcel?
- Start with the DWR Map Viewer. The state's free map shows water rights, structures and well permits.
- Pull the recorded deeds. Water rights move by deed, recorded with the county clerk and recorder.
- Call the ditch company. If the land takes water from a ditch, ask for the share count, the bylaws and the certificate transfer steps.
- Hire a water attorney for a ranch. A water attorney confirms what a decree covers and whether it has been used.
The Kenna Real Estate Group at 303-955-4220 puts the water paperwork on the due diligence list for every land offer.
Questions
Quick answers.
Colorado water rights are based on a principle called what?
Prior appropriation, known as first in time, first in right, from Colorado Constitution Article XVI, Section 6.
Can you lose a Colorado water right?
Yes. Ten or more years of not applying water to beneficial use creates a rebuttable presumption of abandonment under C.R.S. 37-92-402(11).
Which water court covers Jefferson County?
Water Court Division 1 in Greeley, which hears South Platte basin cases.
Which water court covers Summit County?
Water Court Division 5 in Glenwood Springs, which hears Colorado River basin cases.
What is Park County's augmentation plan?
The Center of Colorado Water Conservancy District runs a blanket augmentation plan for property owners in the South Platte part of Park County.
Sources
- Colorado Constitution Art. XVI, Sec. 6
- C.R.S. 37-92-402
- CSU Water Knowledge: river basins
- Colorado Water Court Division 1
- Colorado Water Court Division 5
- Center of Colorado Water Conservancy District
Rules, rates and dates change. The county, town or state office named above has the current version.
Go deeper
Where to go next.
The map
Where the mountain towns are.
Every pin opens that town's page. Drive times from downtown Denver, without traffic.
- Front Range foothills
- I-70 corridor
- Peak to Peak
- Summit County
- Resort
- Tap a town to open its page
Outline: U.S. Census Bureau. Roads from downtown Denver: OSRM on OpenStreetMap. Town points: OpenStreetMap and USGS. Drive times without traffic.
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