Existing well permits should be checked for accuracy, new residential permits likely limited to in-house only use.
RBC | Compared to most other rivers and watersheds in the state, the White River Basin has seen less active state-level water administration since its inception in 1891.
While water-rights holders who divert large amounts of water from the river (agricultural, municipal, industrial etc) have followed normal allocation requirements, theirs and other “non-permitted” uses have gone un-monitored and thus less actively administered by the state.
The most significant change came in 2022 when the Rio Blanco Water Conservancy District (RBWCD) put a call on the river, declaring their right to a certain amount of water. More than two years and multiple subsequent rights-calls later, and the state is making the shift to more administration more official.
On March 7, 2025, the Colorado State Division of Water (DWR) Engineer Jason Ullman designated the White River Basin above the Taylor Draw Power Conduit at Taylor Draw Reservoir in northwest Colorado, as over-appropriated. The designation follows an Oct. 23, 2024 letter recommendation by Division 6 Water Engineer Erin Light to Ullman. You can read the Ullman’s letter and accompanying report containing climate, hydrologic and administrative call information to support the designation of the White River as over-appropriated on the Division of Water Resources website dwr.colorado.gov/news-article/white-river-over-appropriation
OVER-APPROPRIATION
A river basin is designated as over-appropriated when, at all or some times of the year, there isn’t enough water to satisfy all existing water rights. This designation for the White River will be effective May 1, 2025.
The White River is part division 6, which includes the Yampa, White, Green and North Platte River basins. Division 6 engineer Erin Light and state water engineer Jason Ullman, and water commissioner Betty Kracht held presentations last week in Meeker about the context and justification for designation of the White River basin as over-appropriated. Meetings also covered implications for water users, and included a public comment period for community input.
Light shared findings of an evaluation of whether or not the Basin should be designated over-appropriated in order to protect senior water-rights holders. “We did this evaluation as a result of some calls on the White River,” said Light, specifically listing the RBWCD December 2022 call and two others since. She also pointed out that the district had indicated plans to continue their call on the river in the future. The district has stated their reason for calls on the White River is to generate operating revenue via hydroelectric power generation through Taylor Draw Dam.
EVALUATION SPECIFICS
Light’s presentation detailed findings of her office’s evaluation of the basin and the imbalance between demand for water and available supply. She again highlighted calls on the river as an indication that “there’s more demand than there is supply at certain times of the year, and likely throughout the year.”
A major factor is declining streamflow. Light presented data showing a roughly 15% decrease in average flow at the Watson gauge (near the Utah border) over the last century. This decrease, coupled with increased demand from rising temperatures, population growth, potential developments like the proposed Wolf Creek Reservoir (currently undergoing federal NEPA review), and increased crop consumptive use, has created an imbalance.
IMPACTS
State Engineer Jason Ullman emphasized that the designation primarily affects new well permits: “It’s not affecting how the stream is administered,” he noted. While new junior surface water rights can still be obtained, the main impact is on the issuance of new well permits. New well permit applications will be evaluated based on state criteria, with a key distinction between “exempt” and “non-exempt” wells. New, non-exempt well permits need to include an augmentation plan for replacing any water they take from the system “to prevent injury to senior water rights.” This does not affect existing permitted wells.
Ullman explained the specific focus on new wells partly stems from difficulties measuring their impact on streamflow. Unlike surface diversions, well pumping has a delayed effect on streamflows and the actual volume of water depleted requires specialized models to estimate, according to Ullman.
EXEMPTIONS
“A number of exemptions discussed in the meeting include those for domestic use wells on properties of 35 acres or more, lots that were legally divided prior to June 1, 1972, household-use-only wells on smaller properties, and certain livestock watering wells.”
RESOURCES
More information about new well permitting requirements and the over allocation designation are available at dwr.colorado.gov. Wells drilled (or in process) before May 1, 2025, fall under a “grace period.” Residents can submit public comments online up to 30 days after the May 1 date.
Landowners with questions about the new well permitting requirements have several resources. A grace period exists for wells drilled (or in the process of being drilled) before May 1, 2025, in such instances applications can be submitted without an augmentation plan until Dec. 31, 2025. Check https://www.dwr.state.co.us/tools/wellpermits for information.
A DWR well permit specialist will be in March 13 and 14 for in-person assistance. For questions about the process or assistance with permits, contact Kracht, who is the lead water commissioner for the Upper White River, at 970-439-8008 or email [email protected].
A recording of the March 4 meeting with detailed explanations is available at https://www.youtube.com/watch?v=qmrI6PocbKY.