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COLORADO <br /> Division of Water Resources <br /> Department of Natural Resources <br /> Beginners Guide to Ponds <br /> February 2022 <br /> In areas where there is not enough water for all uses, man-made ponds, even those that have existed for <br /> decades, must have a legal means of storing or exposing water to evaporation. Man-made ponds consume <br /> water that senior water rights are entitled to. <br /> Exposing Ground Water <br /> When excavating on a property, there is the possibility of exposing ground water. If an excavation begins to <br /> fill with any amount of water from underground, a well has been constructed. A non-exempt (or large <br /> capacity) well permit from the State Engineer is required, and all of the laws associated with well <br /> construction and ground water use apply. In most parts of Colorado, a non-exempt well permit cannot be <br /> issued unless the pond is operated pursuant to a court-approved plan for augmentation, which is a method <br /> to offset water lost from evaporation and other uses from the pond. Developing plans for augmentation can <br /> be difficult and costly, and will normally require the services of a water resource consulting engineer and <br /> water attorney. <br /> Lined Ponds <br /> A pond may be lined with a barrier that is impermeable to water so that ground water is not exposed to the <br /> atmosphere. However, liners must be tested to achieve the State Engineers guidelines for liners. <br /> Storage Right:. <br /> In most of Colorado there are more decreed water right claims on the system than can be satisfied by the <br /> physical amount of water available. Therefore, under the priority system ("first in time, first in right"), the <br /> most junior rights have to stop diverting until the senior rights are satisfied. In most areas, a court-approved <br /> plan for augmentation is required in order to reliably divert surface water into a pond. <br /> Non-Jurisdictional Water Impoundments, Livestock Water Tanks, and Erosion Control Dams <br /> At least 45-days prior to constructing a dam to store water, a property owner must submit to their local <br /> Division Engineer's Office a Notice of Intent to Construct a Non-Jurisdictional Impoundment Structure or <br /> application to construct a livestock water tank or erosion control dam. Both livestock water tanks and <br /> erosion control dams may only be constructed on normally dry streams in accordance with the specific <br /> requirements of the authorizing statutes for these structures. These structures should not be constructed <br /> until the property owner receives approval from the Division Engineer for the construction of such a dam. <br /> Temporary Detention <br /> Direct flow surface water rights may be temporarily detained for up to 72 hours in order to allow more <br /> efficient or effective beneficial use of the water. Examples of such detention would be ponds used to <br /> receive delivery of a direct flow irrigation water right that is then applied by a sprinkler or temporarily <br /> detained and slugged out through a ditch (operational, head stabilization, equalization or flow regulating <br /> ponds). <br /> 1313 Sherman Street, Suite 821, Denver, Colorado 80203 P303.866.3581 dwr.colorado.gov <br />