Laserfiche WebLink
Policy 2011-3 Amended <br />Page 3 <br />such a license or registration is evidence of a commercial endeavor that will <br />cause an increase in the diversion and consumption of water (see 1.c above) <br />and is evidence that the primary purpose of the irrigation is beyond personal, <br />non-commercial use of the same type of plants that wilt be sold (see 3.c <br />above). Registered medical marijuana primary caregivers' are an exception <br />and may water plants during the irrigation season so long as all of the <br />provisions enumerated in 3.a - d are met. The constitution allows adults to <br />grow no more than six marijuana plants for personal use. The maximum <br />marijuana plant count allowed to be grown at a residential property is 126. <br />Note: For well permits that do not include use of water for lawn and garden <br />irrigation (such as household use only well permits), indoor watering of plants is <br />strictly limited to growing personal plants that will not be sold. <br />All the information in items 1 through 3 above is for clarification and guidance for <br />administration decisions only. Neither the well permits nor this policy grant any water right <br />for commercial use. The allowances in this policy do not supersede other state or local laws, <br />codes, or other requirements. All administration decisions for the well permits will be made <br />on a case-by-case basis, using this policy for guidance only. <br />Background <br />The intent of this policy is to clarify in what limited situations owners of exempt and small <br />capacity wells may engage in some commercial or business activity at the location that is <br />served by the well permit. <br />This policy is intended first to acknowledge that it is consistent with state statute to allow <br />the statutory exemption from administration in the water right priority system (and modified <br />priority system within Designated Basins) even while a well user engages in some activity on <br />the property where they are paid for that activity. As long as the welt user satisfies the <br />premise that the property's use is primarily for residential purposes and demonstrates that all <br />use of the water is related solely to that residential use, the Division of Water Resources will <br />not object to other activities on the property that do not impact the amount of water that is <br />used by the well. <br />Second, items 1 through 3 give the Division of Water Resources water administration officials <br />criteria to use to ensure that the use of the well is consistent with what the General Assembly <br />intended, that is, the well is used to provide only for the uses described in 37-92-602(1)(b) <br />and (e) and 37-90-105(1)(a). <br />Reasoning for Policy Amendments <br />Item 3.e was added by revision to this policy on October 21, 2016 in response to legislation <br />not contemplated by 37-92-602 resulting from the passage of Amendment 64 to the <br />5 Medical marijuana primary caregiver registrations are issued through the Colorado Department of <br />Public Health and Environment. Registered caregivers are precluded from being licensed to operate <br />medical or retail marijuana businesses or being employed by those businesses. <br />or 24 plants total if allowed by the medical marijuana or primary caregiver exception in section <br />18-18-406(3)(a)(11)(B), C.R.S., which also requires an express allowance in local law for more than 12 <br />plants in a residential property. <br />