White River Basin Designated as Over-Appropriated
The Colorado State Engineer recently designated the White River and its tributaries above Taylor Draw Reservoir as over-appropriated. A stream system is considered over-appropriated when there isn’t enough water available to satisfy all the water rights within the system at some or all times of the year. The new designation, which is effective May 1, 2025, could impact users of or applicants for groundwater wells within the White River Basin. The impacted stream reach includes the White River and its tributaries located in northwestern Colorado, including portions of Rio Blanco County and small portions of Moffat and Garfield Counties.
Augmentation Plans Required
On and after the May 1st effective date, an application for a new well permit or to change/increase uses of a well that does not qualify as “exempt” under state law must be supported by a plan for augmentation. A plan for augmentation is a court-approved plan to replace water depleted from the stream (such as from pumping water from the well) with water from another source (such as reservoir releases).
Next Steps for Unpermitted Wells and Non-Exempt Wells
To avoid the requirement for a plan for augmentation, unpermitted well users or those intending to drill a non-exempt well in the White River Basin above Taylor Draw Reservoir should apply for a permit as soon as possible and prior to the May 1, 2025, effective date of the designation. It is also important not to let an existing non-exempt well permit expire, as a new replacement well permit will require an augmentation plan.
According to State Engineer memorandum, owners of existing wells who can demonstrate that the well and its uses existed prior to May 1, 2025, are given additional time to file an application to permit those wells/uses. The Colorado Division of Water Resources will accept and evaluate those well permit applications through December 31, 2025, without treating their impacts as injurious to the stream.
For more information, contact Nicole Garrimone-Campagna at ncampagna@garfieldhecht.com or (970) 925-1936.
