With water in short supply in Colorado, a well permit is not enough to protect your water rights, said Marsha Looper, state representative for District 19. “You should have your water rights determined or adjudicated,” Looper said.”If you live in a designated basin, such as the Upper Black Squirrel Creek Groundwater Management District, you go through the groundwater commission to get a determination of water rights,” said hydrogeologist Julia Murphy. “You can call up the groundwater commission. They can look up your property to see if there has been a determination. Or, you can check the county’s records.”If it hasn’t already been done, now is an especially good time to apply for a determination of water rights because the state has lowered the fee to $60 per aquifer, Murphy said. “Attorneys charge $3,000 to $5,000 to get a determination of water rights, but it is possible to do it for less by filing the application yourself and having a professional water engineer do the calculations that are part of the application,” she said.”You can tell if you live in a designated basin by looking at the property tax statement you get from the El Paso County assessor,” Looper said.”If you don’t live in a designated basin, you have to have your water rights adjudicated through the Colorado water courts,” Murphy added.”Having your water rights determined or adjudicated won’t protect you from claims that predate your determination or adjudication, but it will protect you from future claims and it gives you a better standing if trying to prove injury,” Looper said.It would be pointless, however, for people who received notices about the Cherokee leases to apply for a determination of water rights at this time, Looper said. “Cherokee’s claim would block your claim.”
