Buying acreage around Elizabeth sounds simple until you ask one key question: what water will you actually have? In Colorado, land and water are separate rights, and that difference can shape everything from your home plans to your ability to irrigate. If you understand the basics before you write an offer, you lower risk and protect your investment. This guide gives you plain‑English steps to check water rights and wells in Elizabeth and wider Elbert County so you can move forward with confidence. Let’s dive in.

Why water rights matter in Elizabeth

Colorado follows prior appropriation, which means water rights do not automatically come with the land and are administered by priority date. Senior users are protected in shortages, and junior uses can be curtailed. In practice, that can affect whether you can pump, irrigate, or subdivide a parcel.

Elizabeth sits within the South Platte River Basin, administered as Water Division 1. Surface water and tributary groundwater are managed to protect senior rights within this system. Parts of Elbert County also overlie the Denver Basin aquifer system, which is deep, generally non‑recharging locally, and subject to special rules.

For you as a buyer, the takeaway is simple. Acreage alone does not guarantee the right to use water the way you plan. The type of water available, the priority, and the local rules will define what you can do on the property.

Key water terms, made simple

Water right vs. the land

A water right is a quantified, decreed right to divert and use water, often tied to a priority date, amount, point of diversion, and allowed uses. Many rural parcels have recorded irrigation or ditch shares in past deeds, while others have no surface rights at all. Always verify what, if anything, is actually conveyed.

Surface water and groundwater

Surface rights, including ditch and irrigation rights, are often senior and valuable for irrigation. Tributary groundwater is connected to surface streams and is administered to protect senior surface rights, which can trigger replacement requirements. Non‑tributary or Denver Basin groundwater is treated differently and follows its own rules.

Wells: exempt and non‑exempt

A well permit authorizes drilling and pumping at a defined location, depth, and for specific uses. Exempt domestic or livestock wells exist in Colorado, but they have strict limits on volume and use and can be restricted in certain areas. Non‑exempt wells typically require a showing that depletions will be replaced, often through an augmentation plan.

Augmentation and who does what

An augmentation plan, approved by a Water Court, specifies how junior pumping will replace depletions to protect senior rights. Water Courts handle decrees, changes, and augmentation matters. The Division Engineer administers day‑to‑day well permitting and enforcement and can confirm local restrictions that affect your parcel.

Step‑by‑step due diligence before you offer

1) Gather records from the seller and county

• Request the deed and full legal description.
• Ask for any recorded water‑right instruments, ditch or irrigation shares, well permit numbers, well logs, pump tests, and a seller’s water or well disclosure.
• Search Elbert County Clerk & Recorder and Assessor records for water‑related conveyances, easements, and assessments tied to the parcel.
• Call Elbert County Planning & Zoning to ask about groundwater management areas, subdivision rules, or overlays that could affect permitting.

2) Verify well permits and court records

• Use Colorado Division of Water Resources databases to look up any well permits, driller’s logs, permitted uses, and historical production data.
• Search Colorado Water Court records for any decree numbers, augmentation plans, or change‑of‑use cases referenced in seller documents or deeds.
• If ditch shares are mentioned, identify the ditch company and confirm share status, typical deliveries, assessments, and transfer rules.

3) Inspect the well and test water

• Hire a licensed well contractor or hydrogeologist to inspect the well, measure static and pumping water levels, confirm pump depth, and run a production test to estimate sustainable yield.
• Order lab testing for water quality, including nitrate, coliform bacteria, arsenic, uranium, and other locally relevant contaminants.
• Verify septic capacity, setbacks, and the well’s location relative to septic to avoid conflicts on small acreages.

4) Confirm what you can build and use

• Ask the Division Engineer if a new exempt or non‑exempt well is permitable at the specific site and what limitations apply.
• If the parcel overlies the Denver Basin, ask about replacement requirements, metering, expected well life, and how rules may affect future subdivision plans.
• If the seller claims access to an augmentation plan, have a qualified water attorney review the water‑court decree to confirm terms and transferability.

5) Write smart contract contingencies

• Include a water and well inspection contingency.
• Add a water‑rights title review contingency for a water attorney to examine decrees and recorded instruments.
• Make closing contingent on written confirmation from the Division Engineer that a new well is permitable, if relevant.
• Include a water‑quality contingency for lab results.
• Build in time for court‑record review and, if needed, to evaluate the feasibility and cost of joining an augmentation plan.

Timelines and costs to plan for

• Quick records searches: a few days to a couple of weeks, depending on access and staff.
• Division Engineer guidance on permitability: days to weeks.
• Well inspection, pump test, and lab results: days to a few weeks based on scheduling.
• Drilling and equipping a new well: weeks to months, and longer if augmentation is required.
• Water‑court matters like augmentation plans or changes of use: months to years depending on complexity and objections.

Potential costs can include well rehabilitation, a new pump, augmentation participation fees, legal and engineering fees for water‑court work, and replacement water. These can be significant when a parcel lacks senior surface rights.

Common local issues and red flags

• Small acreage parcels often lack recorded irrigation rights and depend on wells or, in some cases, hauled water.
• Groundwater yields and water quality vary block by block. Nearby well logs are more reliable than general statements.
• Denver Basin rules can require accounting and replacement and the aquifer has limited local recharge. Well lives are finite.
• Ditch‑company transfers may have conditions, and assessments can be levied for repairs and maintenance.
• Red flags include missing well logs or permit numbers, vague deed references to “historic rights,” local restrictions on new exempt wells, poor pump test results, non‑transferable augmentation language, or septic and well setback conflicts.

If irrigation or horses are your goal

If irrigating pasture or acreage is important, prioritize parcels with documented irrigation water rights or recorded ditch shares. Without surface rights, irrigation through a well may be limited or require augmentation, and curtailment during dry years can reduce reliability. Always verify delivery patterns with the ditch company and confirm that shares are in good standing and transferable.

Make a confident move with local guidance

Buying 5 to 35+ acres in Elizabeth requires a practical plan for water. When you verify the right records, test the physical system, and structure smart contingencies, you protect your budget and your long‑term use of the land. If you want a trusted, development‑informed advisor for acreage in Elizabeth and nearby small towns, reach out to Derek Thomas Real Estate for clear guidance and a high‑touch, concierge experience.

Derek Thomas Real Estate

FAQs

What is prior appropriation in Colorado water law?

• It means water rights are separate from land ownership and are administered by priority date. Senior rights are served first, and junior uses may be curtailed during shortages.

Can I drill a new domestic well on an Elizabeth acreage?

• It depends on site‑specific rules, whether the area allows new exempt wells, and whether your pumping would injure senior rights. The Division Engineer can confirm permitability and any special restrictions.

What is an augmentation plan and when might I need one?

• An augmentation plan is a Water Court‑approved method to replace depletions caused by a junior use, such as a well. You typically need one if your use could injure senior rights or if local rules require replacement water.

How do I check a property’s well permit and well log in Elbert County?

• Search the Colorado Division of Water Resources database using the address, legal description, or known permit number, and request the driller’s log, permitted uses, and any historical production data.

Do small Elizabeth parcels usually include irrigation rights?

• Many small acreages do not include recorded surface irrigation rights, which means they rely on wells and may face irrigation limits, especially in dry years. Always verify recorded ditch shares and any Water Court decrees before you offer.