If you’re looking to purchase agricultural land in Colorado, one important aspect to consider is water rights. Unlike other parts of the country, water is a scarce resource in Colorado, and water rights can significantly impact the value and use of your property. In this article, we’ll explore what every buyer needs to know about water rights when purchasing agricultural land in Colorado.
Understanding Water Rights When Purchasing Agricultural Land in Colorado
Water rights in Colorado are based on a system of prior appropriation, which means that the right to use water is granted to the first person or entity to claim it. Water rights can be complicated, and it’s important to understand the basics before you buy agricultural land. There are two types of water rights in Colorado: surface water rights and groundwater rights. Surface water rights apply to water that is above ground, such as rivers, streams, and lakes. Groundwater rights apply to water that is below ground, such as wells. When you purchase agricultural land in Colorado, you may also purchase the water rights associated with that land. However, water rights can be separate from land ownership, and it’s important to determine who owns the water rights and how they may be used. Because water rights are subject to appropriation, this also means that the state can take away or limit your water rights if there is a shortage or if the water is needed for a more important use, such as for municipalities or environmental purposes. We’re here to guide you and alleviate any concerns.
Tips for Buyers Interested in Purchasing Agricultural Land in Colorado
Now that you understand the basics of water rights in Colorado, here are some tips for buyers who are looking to purchase agricultural land with water rights:Work with a water attorney:
A water attorney can help you navigate the complex world of water rights in Colorado. They can help you determine who owns the water rights, how the water can be used, and whether there are any restrictions or limitations on the water rights. Here at Colorado Lifestyle Properties, we’re ready to help you every step of the way and provide all resources that you may need.Get a water rights report:
A water rights report is a document that provides information on the water rights associated with a piece of land. This report will tell you who owns the water rights, how the water can be used, and any restrictions or limitations on the water rights.Understand the water source:
If the water source for your property is a well, it’s important to understand the quantity and quality of the water. You may need to have the water tested to ensure that it’s safe for drinking and irrigation.Know your water rights:
As a water rights owner, it’s important to know your rights and responsibilities. Make sure you understand how much water you’re entitled to use, when you can use it, and any limitations on your water rights.Consider the impact of water rights on property value:
Water rights can significantly impact the value of your property. Make sure you understand the value of the water rights associated with your property, and how they may impact the use and value of your land.Specifics About Water Rights for Buyers in Colorado Springs, Calhan, and Ellicott, Colorado
If you’re looking to purchase agricultural land with water rights in Colorado Springs, Calhan, or Ellicott, there are a few specific things to keep in mind.
In Colorado Springs, water rights are a valuable commodity, and the city has a history of purchasing water rights to ensure that there is enough water for the growing population. If you’re looking to purchase land in Colorado Springs, it’s important to understand the city’s water rights policies and how they may impact the value and use of your land.
In Calhan and Ellicott, water rights are also important, but the availability of water can vary depending on the location. In these areas it is particularly important to work with a water attorney and get a water rights report for the area that you’re considering purchasing horse or agricultural property in Colorado.
Aside from the above-mentioned types of water rights, it’s essential to determine how the water is being delivered. Some of the most common forms of water delivery in Colorado include groundwater wells, ditch systems, and irrigation systems. Understanding the water delivery method is crucial because it impacts how water can be used and distributed on the property.
Additionally, buyers need to know about the laws and regulations governing water rights in Colorado. For instance, Colorado’s Prior Appropriation Doctrine governs the allocation of water rights in the state. It means that the first person to use the water has the first right to continue using it, followed by the next user in line. The rule is commonly referred to as “first in time, first in right.” The doctrine also implies that when water is in short supply, senior water rights holders receive their allocation before junior holders. Therefore, when considering purchasing agricultural land with water rights in Colorado, it is vital to review the water rights history of the property to ensure that it’s free of conflicts, disputes, or legal battles.
Important Things To Consider
When considering purchasing agricultural land in Colorado with water rights, there are some important things to keep in mind,- Firstly, understand the different types of water rights available, how they are obtained, and their priority date.
- Secondly, determine the delivery method of the water rights, whether it’s through groundwater wells, ditch systems, or irrigation systems.
- Lastly, familiarize yourself with the laws and regulations that govern water rights in Colorado, particularly Colorado’s Prior Appropriation Doctrine.
