Quick Summary: The Difference Between Legal and Illegal Water

• Household Use Only: This is the most restrictive permit in Colorado. It allows water use inside the home only. It strictly prohibits filling water troughs, washing horses, or irrigating pasture.
• Domestic Use: This is the permit you need. It typically allows for household use plus watering of domestic animals (livestock) and irrigation of up to one acre.
• The "Hydrant" Trap: Do not assume a well is legal for horses just because you see a frost-free hydrant near the barn. Previous owners often install these illegally. You must verify the paperwork.
• The Consequence: Using a "Household" well to water horses is a violation of state law. The Division of Water Resources can issue a cease-and-desist order and shut off your water supply.

You are touring a potential horse property. The barn is beautiful, the fencing is new, and there is a water spigot right at the gate. You turn the handle, and water comes out. Problem solved, right?

Wrong.

In Colorado, the physical presence of water does not equal the legal right to use it. Many wells in the foothills and rural subdivisions are legally restricted to "Household Use Only."

If you buy one of these properties intending to keep horses, you are walking into a legal trap. You might be forced to haul water in by truck for the rest of your time there.

Here is how to tell if your well permit actually allows you to water your livestock.

1. Understanding "Household Use Only"

This is the most common permit found on parcels smaller than 35 acres, especially in mountain communities like Evergreen or Conifer.

• The Restriction: The language on the permit is specific. It allows water use "inside one single-family dwelling."
• The Reality for Horse Owners: This means exactly what it says. You cannot run a hose out the door to fill a trough. You cannot wash your trailer. You technically cannot even wash your dog outside.
• Why It Exists: Colorado water law operates on a "priority" system. These small wells are exempt from the strict priority system only because their impact on the aquifer is considered negligible—as long as the water stays inside the house (where it eventually returns to the ground via the septic system).

2. The Solution: The "Domestic" Permit

If you own horses, this is the permit you are looking for.

• The Allowance: A Domestic well permit typically authorizes three things:
• 1. Household use.
• 2. Watering of domestic animals and livestock.
• 3. Irrigation of up to one acre of lawn and garden.
• Where to Find Them: You will almost always find Domestic permits on properties of 35 acres or more. On smaller lots (like 5 or 10 acres), they are rare unless the well was drilled prior to May 1972 (grandfathered) or the property is part of a special "augmented" subdivision.

3. The "Pet" Misconception

We hear this argument from buyers often: "But my horses are just pets, not commercial livestock. Can't I water them?"

• The State's View: The Colorado Division of Water Resources does not make a distinction between a "pet" horse and a "livestock" horse.
• The Hard Truth: If the animal lives outside, you cannot water it with a Household Use Only well. It does not matter if it is a horse, a cow, an alpaca, or a very large dog. If the water leaves the house, it is a violation.

4. How to Spot a "Cheater" Well

This is a dangerous reality in the real estate market. Sellers often ignore the law.

• The Warning Sign: You visit a home on 5 acres. The well permit says "Household Use Only." Yet, there is a lush green lawn, a garden, and a hydrant at the barn.
• The Risk: The seller has been using the well illegally. Just because they haven't been caught doesn't mean you won't be. When a property changes hands, it often triggers scrutiny. If a neighbor reports you, the State Engineer will investigate.
• The Fix: If you love the house but the well is restricted, your only legal option for horses is to install a cistern (underground tank) and pay a service to truck in municipal water. This adds hundreds of dollars to your monthly budget.

We Verify the Paperwork Before You Offer

We don't trust the spigot. We trust the State Engineer's records.

When we represent you, we pull the original well permit from the state archives. We read the "Conditions of Approval" section to see if livestock watering is explicitly allowed. We ensure you aren't buying a farm that you can't water.

Contact Us Today to verify the water rights on a listing you love.

Browse Active Colorado Horse Properties with verified Domestic wells ready for your herd. View All Available Listings

Frequently Asked Questions (FAQ) About Well Uses