State engineer’s office explains well permits, augmentation plans and exemptions

At a Conifer forum, Aliyah Sarah Steven, assistant division engineer for Division 1 of the Colorado Division of Water Resources, walked residents through how Colorado administers groundwater and wells under the prior‑appropriation system.

"Most wells are nonexempt wells. They are administered in priority along with these other senior water rights and junior water rights," Steven said, summarizing the division's approach. She explained that nonexempt wells typically require an augmentation plan to replace depletions to surface water and that augmentation plans are engineered, account‑based and usually must be approved by water court.

Steven described exempt wells as a distinct statutory framework that nonetheless requires a permit. She said the state limits typical exempt residential permits to no more than about 15 gallons per minute and a commercial exempt category to about 50 gallons per minute; exempt wells are limited to in‑house use on parcels under 35 acres, with broader uses allowed where parcels exceed that size.

She also described administrative spacing and notice rules (for example, a 600‑foot spacing consideration was discussed) and reiterated that a well permit is not the same as a water right: a permit governs drilling and construction conditions, while adjudication by the water court confirms a priority date and water‑right operations.

Why it matters: homeowners and developers in Conifer rely on the distinction between exempt and nonexempt wells for planning, and decisions on augmentation, substitute water‑supply plans or adjudication affect who may pump and when. Steven said many augmentation plans require ongoing reporting, measurement and administration handled by the Division.

Residents with questions were directed to local contacts: the division engineer for Division 1 (Corey DeAngelis) and the local water commissioner (Tim Buckley); Steven encouraged use of DWR’s online permitting and Ask DWR tools for follow‑up.

Next steps: property buyers should seek well completion and permit reports; developers may need aquifer tests and to demonstrate legal water availability as part of county review.