PUB00056

• Year: 2001
• Title: Conference Proceedings: 26th Annual Gunnison Water Workshop
• CWCB Section: Administration
• Description: Theme of the conference was Who's in Charge?
• Publications - Doc Type: Other

M. 13.2001 12: 18PII

LiEAmWORTH & KARP

N8. 992

~. S

I
I
I
I
,t
I
I
I
I
I
I
I
I
I
I
I
I
I
I

"
j!

B. Exempt WellS'

1. The stl1.te polley behind: exempt wells is to provide a water supply in less
denselr populated areas for in-house and domestic animal uses,

,
2. Exem~t wells need not be adjudicated through the courts. but an owner may
,
do so lP order to fIX a priority date for the welL
· !The date of appropriation is the decree date for exempt well
iadministration purposes,
Ii. Therefore, exempt wells are not subject to the postponement
1 doctrine.

,

3. E;tem!# wells do require permits,
Permitirequlrements :
· ~equlres a fmding of no material injury to vested water rights and other
~xisting wells.
~. Presumption of no material injury
· lW ell must be constructed within two years of per:w.it issuance.

4, Types 9f exempt wells:
'~xempt domestic use:
~. serving a 35-acrc lot not within a subdivision
p. serving a pre-existing lot, less than 35 acres in size. which was
i created before June 1972
· :j3xempt commercial use
· 'fire protection use
· lv1onitoring w~l1s

C, Ditches and S~rings

1. Surfac~,water may be diverted from ditches and springs for application to
benetic~ use,

2. A ditcq may be owned. privately by a single water user or by several
individUals.
· ~oint ownership of a ditch may take one of several forms:
~, Informal co-tenancy
q. Mutual ditch companies
iji. Camer ditch company
Ii;. Water conservancy district

-5-