{"id":24181,"date":"2025-01-01T17:28:50","date_gmt":"2025-01-02T00:28:50","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/what-to-ask-your-real-estate-agent-about-water-in-colorado\/"},"modified":"2025-01-02T00:28:50","modified_gmt":"2025-01-02T00:28:50","slug":"what-to-ask-your-real-estate-agent-about-water-in-colorado","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/what-to-ask-your-real-estate-agent-about-water-in-colorado\/","title":{"rendered":"What to ask your real estate agent about water in Colorado"},"content":{"rendered":"

\"A
A pond, owned by a metro district in La Plata County, is surrounded by a private ranch on Sunday, Dec. 29, 2024. (Shannon Mullane, The Colorado Sun)<\/span><\/figcaption><\/figure>\n<\/p>\n

Potential property owners are often not asking enough questions about water, experts say \u2013 and it can end up being a costly mistake.<\/p>\n

When someone buys a property in Colorado, they can find themselves thrust into the complicated world of Western water. People looking in towns and cities might need to learn about providers and rate changes. Those interested in empty lots, unincorporated areas of counties or rural areas of the state might need to study up on water rights, wells and irrigation.<\/p>\n

If they\u2019re prepared, buyers will reach out to experts, and even attorneys, to understand the ins and outs of their new water supply before signing a deal. If they\u2019re not, they could end up in the middle of a fight or with an expensive liability.<\/p>\n

\u201cThere have been neighborly confrontations over water,\u201d said John Wells, a broker and owner of the Wells Group in Durango. \u201cI\u2019ve seen people turn other people\u2019s ditches off, locking their headgates, unlocking their headgates. It doesn\u2019t make for a good neighborly situation.\u201d<\/p>\n

Western water law is frequently confusing \u2013 even for experts and real estate agents. Interested buyers coming from out of state are often used to a completely different system of managing water. Urban residents looking to move into rural Colorado might have little experience with ditches, ponds or water law.<\/p>\n

\u201cMost brokers don\u2019t understand it because it\u2019s complicated and confusing, and it doesn\u2019t really impact their client\u2019s ability to purchase a house,\u201d said Aaron Everitt, a Fort Collins-based broker and developer with The Group Real Estate.<\/p>\n

But skipping past a thorough review of water assets can leave buyers with frustrating problems. They might face water bill increases, lead pipes or leaky sprinklers. For more rural properties, a typo or missing signature in a water or land deed can take an extra month to fix. Ponds and reservoirs on a property might actually be illegal water storage \u2013 which could take a court process or big dollars to resolve, said Bill Wombacher, an attorney with Nazarenus, Stack & Wombacher, who teaches a water law class for real estate agents.<\/p>\n

New property owners might be surprised to see a stranger in their backyard clearing out a ditch \u2013 or, as happened in 2022 in Kittredge, dozens of people using private property to access a popular creek running through private property, which prompted a debate about public access.<\/p>\n

It is easier to handle any water questions that come up before a deal is signed, and buyers might want to budget extra time in the purchase process for tasks like well inspections, said Amanda Snitker, chair of the market trends committee for Denver Metro Association of Realtors.<\/p>\n

One piece of advice: \u201cBe sure they\u2019re being thorough. Don\u2019t be afraid to ask questions, even though they might seem silly,\u201d Wells said. \u201cThere\u2019s no silly question when it comes to water.\u201d<\/p>\n

So what kind of questions should a buyer ask? The Colorado Sun asked the experts to break it down.<\/p>\n

I want to buy in an urban area. Where do I start?<\/div>\n

People interested in buying a home, apartment or townhome in a more populated area \u2013 like a town, city, special district or planned development \u2013 should start by understanding their water supply and who provides it.<\/p>\n

Is the property already connected to a main water system?<\/div>\n

If so, it can save money for the buyer. Tap fees, the cost of adding a new connection, can be as low as $1,500 to $8,000, said Wells, who works in small towns and rural areas in southwestern Colorado. Or, the price of tapping into the water system could be more like $50,000 in areas of the Front Range or $200,000 in some areas of the Western Slope where water supplies are tight, Wombacher said. Some water providers can also freeze adding new connections when their water system or supply is maxed out.<\/p>\n

Who is the property\u2019s water provider?<\/div>\n

Some areas come with more established networks of pipes, canals, tunnels and reservoirs operated by a water provider. These water districts and utility providers are public entities, and buyers should know how functional or dysfunctional the organization is, Everitt said.<\/p>\n

It\u2019s also helpful to understand if the organization is planning to build new water infrastructure or has a backlog of needed repairs, Snitker said. The cost of water and related fees can vary depending on the water provider, and it\u2019s good to know those details up front, she said.<\/p>\n

The experts also recommended learning about wastewater systems, water quality and any water-related expenses that could come up for new owners. Here are some questions they recommended asking:<\/p>\n

Can the seller provide 12 months of water bills?Are there any broken sprinklers or leaky pipes?Can buyers add water-efficiency features, like systems that capture gray water or rain?Has the property ever had any issues with galvanized pipes? Does it have any lead pipes?What is the quality of the water, and are there any contaminants?If there is a septic system, how old is it and where is it located?<\/div>\n

\"A
A water meter in the tree lawn of a newly built home in Erie on Dec. 27, 2024. Right, a ditch diversion structure along a driveway in Old Town Lafayette is unusual, and may seem unused, but it cannot be altered as it is a crucial piece of water infrastructure in eastern Boulder County. (Dana Coffield, The Colorado Sun)<\/span><\/figcaption><\/figure>\n<\/p>
Outside of a service area? Here\u2019s how to begin<\/div>\n

Not all properties lie within an established service area for a water provider, like homes in unincorporated areas, rural counties and some new developments.<\/p>\n

Homes, ranches and land in rural areas also might come with water rights \u2013 a complicated part of how Coloradans access water.<\/p>\n

When a buyer tours a property, they should keep an eye out for certain features to know what to ask: Look for wells, ponds, lakes, ditches, streams, irrigation systems and other outdoor water features, experts said.<\/p>\n

What\u2019s up with ditches<\/div>\n

Colorado is covered with a decades-old network of ditches that help transfer water to farmers, ranchers and communities around the state. These are often earthen, straight and clearly human-made, but they can also be easy to miss.<\/p>\n

For Wombacher, ditch easements are the single most-frequent source of frustration among his clients, he said.<\/p>\n

They are tied to a complicated system of water rights, which means ditch users have legal rights to receive a certain amount of water at specific times and locations during the year.<\/p>\n

Ditch managers and users can move up and down the channel, even on private property, to do maintenance and manage water supplies.<\/p>\n

That means property owners might see water flowing, but it\u2019s not theirs to use. They cannot disrupt the transfer of water, use ditch water or move the ditches (unless they go to water court). If that does happen? \u201cIt\u2019s like an immediate lawsuit every single time,\u201d Wombacher said.<\/p>\n

Questions to ask:<\/p>\n

Is it actively used?How might this impact what I can and can\u2019t do with the property?If I\u2019m not able to move the ditch, do I still want the property?Who operates the ditch?See a pond, get the papers.If a buyer sees a pond or lake on the property, they should ask for the water court decrees attached to the stored water.<\/div>\n

\u201cThere are quite a few unlawful uses going on out there, particularly with ponds and reservoirs,\u201d Wombacher said.<\/p>\n

Property owners build water storage and sometimes do not go through the water court process to get a legal right to access, store and use the water.<\/p>\n

\u201cJust because a seller has been able to get away with something for a long time, doesn\u2019t mean the buyer will,\u201d Wombacher said. \u201cAnytime there\u2019s a water use going on on a property, you want to make sure as a buyer that it\u2019s a lawful use.\u201d<\/p>\n

What does it mean if there\u2019s a well?<\/div>\n

The state of Colorado regulates wells, and well permits come with specifications about how much water can be used and what it can be used for.<\/p>\n

Interested buyers should start by learning about water court decrees and permits related to the well. The state has databases that can provide more information about a well using its permit number.<\/p>\n

Adding new wells can be expensive and come with limitations based on the location and characteristics of a property, like whether it is larger or smaller than 35 acres, experts said. Buyers will also want to ask about any water quality, contamination or pressure issues in advance.<\/p>\n

Questions to ask:<\/p>\n

If there is not a well \u2013 and a buyer might want one \u2013 what are the options for getting a well?<\/p>\n

Can you provide a recent inspection report?<\/div>\n

Does the well produce the amount of water stated in the permit? If not, the property might need a cistern.<\/p>\n

\u201cJust like you do a home inspection, you call someone and they do a well inspection,\u201d Snitker said.<\/p>\n

What do I need to know about water rights?<\/div>\n

Many properties, especially in rural areas, come with irrigation water supplies \u2013 and therefore, water rights.<\/p>\n

Water rights can add value to a property, but they also come with restrictions related to where, when and how much water can be used. These rights are legally tied to certain beneficial purposes, like farming, drinking, snowmaking, fire prevention and more.<\/p>\n

\u201cI think a lot of lay people, and it\u2019s not their fault, think they can use water anytime they want,\u201d Wells said.<\/p>\n

Some water rights are also more valuable than others: Under Colorado water law, more recently established \u201cjunior\u201d rights get cut off first when water is short so older and more valuable \u201csenior\u201d rights get their share.<\/p>\n

Don\u2019t need irrigation water? A property owner has to go to water court to change details of a water right. And a new owner can\u2019t just own a water right and plan never to use the water for its intended purpose. If that happens, the state might analyze whether a right has been \u201cabandoned,\u201d which could dissolve the right.<\/p>\n

Water rights are often transferred from one owner to another using a deed or a title. New buyers should check to make sure these documents are in good order, Wells said.<\/p>\n

\u201cSometimes it\u2019s prudent to hire a water attorney to make sure that what is in the deed matches what you\u2019ll actually be sold,\u201d he said.<\/p>\n

Questions to ask:<\/p>\n

How much water can I use, when, where and for what purpose?What year is the water right, and how senior is it compared with others on the same stream or river?What is the supply like in periods of drought?Does the water right match what I\u2019d like to use the water for, or could I have to go to water court to change it?Are the ditches, canals and other infrastructure that deliver the water well-maintained?What fees come with the water supply?<\/div>\n

Read more at The Colorado Sun<\/p>\n

The Colorado Sun is a reader-supported, nonpartisan news organization dedicated to covering Colorado issues. To learn more, go to coloradosun.com.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Attorneys, developers and real estate brokers share an inside look at the questions buyers should ask<\/p>\n","protected":false},"author":1,"featured_media":24182,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[233,28,194,29,614,295],"naviga_topic":[],"class_list":["post-24181","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-coloradosun-com","tag-headlines","tag-land-resources","tag-newsletter","tag-real-estate","tag-water"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/24181","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=24181"}],"version-history":[{"count":0,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/24181\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/24182"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=24181"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=24181"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=24181"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=24181"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}