Colorado Revised Statutes

Colo. Rev. Stat. § 37-90-103 (2026)

Definitions - repeal

✓ current as of July 2026

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As used in this article 90, unless the context otherwise requires:

(1) "Alternate point of diversion well" means any well drilled and used, in addition to an original well or other diversion, for the purpose of obtaining the present appropriation of that original well, from more than one point of diversion.

(2) "Aquifer" means a formation, group of formations, or part of a formation containing sufficient saturated permeable material that could yield a sufficient quantity of water that may be extracted and applied to a beneficial use.

(3) "Artesian well" means a well tapping an aquifer in which the static water level in the well rises above where it was first encountered in the aquifer, due to hydrostatic pressure.

(4) "Board" or "board of directors" means the board of directors of a ground water management district as organized under section 37-90-124.

(5) "Colorado water conservation board" refers to the board created in section 37-60- 102.

(6) (a) "Designated groundwater" means that groundwater which in its natural course would not be available to and required for the fulfillment of decreed surface rights, or groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater withdrawals have constituted the principal water usage for at least fifteen years preceding the date of the first hearing on the proposed designation of the basin, and which in both cases is within the geographic boundaries of a designated groundwater basin. "Designated groundwater" shall not include any groundwater within the Dawson-Arkose, Denver, Arapahoe, or Laramie- Fox Hills formation located outside the boundaries of any designated groundwater basin that was in existence on January 1, 1983.

(b) (I) However, "designated groundwater" may include any groundwater in the Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation located outside such boundaries when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations.

(II) If, upon receipt by the state engineer of the findings of the Laramie-Fox Hills study, as authorized by Senate Bill 250, 1985 legislative session, that the upper Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations should not be a designated groundwater basin, this paragraph (b) is repealed.

(7) "Designated groundwater basin" means that area established by the ground water commission in accordance with section 37-90-106.

(8) "Ground water commission" or "commission" refers to the ground water commission created and provided for in section 37-90-104 to facilitate the functioning of this article.

(9) "Ground water management district" or "district" means any district organized under the provisions of this article.

(10) "Historical water level" means the average elevation of the groundwater level in any area before being lowered by the activities of man, as nearly as can be determined from scientific investigation and available facts.

(10.5) "Nontributary groundwater" means that groundwater, located outside the boundaries of any designated groundwater basins in existence on January 1, 1985, the withdrawal of which will not, within one hundred years of continuous withdrawal, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37- 92-102 (1)(b), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. The determination of whether groundwater is nontributary shall be based on aquifer conditions existing at the time of permit application; except that, in recognition of the de minimis amount of water discharging from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers into surface streams due to artesian pressure, when compared with the great economic importance of the groundwater in those aquifers, and the feasibility and requirement of full augmentation by wells located in the tributary portions of those aquifers, it is specifically found and declared that, in determining whether groundwater of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary, it shall be assumed that the hydrostatic pressure level in each such aquifer has been lowered at least to the top of that aquifer throughout that aquifer; except that not nontributary groundwater, as defined in subsection (10.7) of this section, in the Denver basin shall not become nontributary groundwater as a result of the aquifer's hydrostatic pressure level dropping below the alluvium of an adjacent stream due to Denver basin well pumping activity. Nothing in this subsection (10.5) shall preclude the designation of any aquifer or basin, or any portion thereof, which is otherwise eligible for designation under the standard set forth in subsection (6) of this section relating to groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater withdrawals have constituted the principal water usage for at least fifteen years preceding the date of the first hearing on the proposed designation of a basin.

(10.7) "Not nontributary groundwater" means groundwater located within those portions of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers that are outside the boundaries of any designated groundwater basin in existence on January 1, 1985, the withdrawal of which will, within one hundred years, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37-92-102 (1)(b), at an annual rate of greater than one-tenth of one percent of the annual rate of withdrawal.

(10.9) "Oil and gas well" means a well permitted by the energy and carbon management commission created in section 34-60-104.3 (1) or a well authorized by a federal or tribal entity for the primary purpose of mining, including exploration or production, of petroleum products.

(11) "Person" means any individual, partnership, association, or corporation authorized to do business in the state of Colorado, or any political subdivision or public agency thereof, or any agency of the United States, making a beneficial use, or taking steps, or doing work preliminary to making a beneficial use of designated underground waters of Colorado.

(12) "Private driller" means any individual, corporation, partnership, association, political subdivision, or public agency which operates as lessee or owner its own well drilling rig and equipment and which digs, drills, redrills, cases, recases, deepens, or excavates a well upon the property of such entity.

(12.5) "Quarter-quarter" means a fourth of a fourth of a section of land and is equal to approximately forty acres.

(12.7) "Replacement plan" means a detailed program to increase the supply of water available for beneficial use in a designated groundwater basin or portion thereof for the purpose of preventing material injury to other water rights by the development of new points of diversion, by pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appropriate means consistent with the rules adopted by the commission. "Replacement plan" does not include the salvage of designated groundwater by the eradication of phreatophytes, nor does it include the use of precipitation water collected from land surfaces that have been made impermeable, thereby increasing the runoff, but not adding to the existing supply of water.

(13) "Replacement well" means a new well which replaces an existing well and which shall be limited to the yield of the original well and shall take the date of priority of the original well, which shall be abandoned upon completion of the new well.

(14) "Resident agriculturist" means a bona fide farmer or rancher residing in the designated groundwater basin whose major source of income is derived from the production and sale of agricultural products.

(15) "State engineer" means the state engineer of Colorado or any person deputized by him in writing to perform a duty or exercise a right granted in this article.

(16) "Subdivision" means an area within a groundwater basin.

(17) "Supplemental well" means any well drilled and used, in addition to an original well or other diversion, for the purpose of obtaining the quantity of the original appropriation of the original well, which quantity can no longer be obtained from the original well.

(18) "Taxpaying elector" means a person qualified to vote at general elections in Colorado, who owns real or personal property within the district and has paid ad valorem taxes thereon in the twenty months immediately preceding a designated time or event, which property is subject to taxation at the time of any election held under the provisions of this article or at any other time in reference to which the term "taxpaying elector" is used. A person who is obligated to pay taxes under a contract to purchase real property in the district shall be considered an owner. The ownership of any property subject to the payment of a specific ownership tax on a motor vehicle or trailer or of any other excise or property tax other than general ad valorem property taxes shall not constitute the ownership of property subject to taxation as provided in this article.

(19) "Underground water" and "groundwater" are used interchangeably in this article and mean any water not visible on the surface of the ground under natural conditions.

(20) "Waste" means causing, suffering, or permitting any well to discharge water unnecessarily above or below the surface of the ground.

(21) (a) "Well" means any structure or device used for the purpose or with the effect of obtaining groundwater for beneficial use from an aquifer. Well includes an augmentation well that diverts groundwater tributary to the South Platte river and delivers it to a surface stream, ditch, canal, reservoir, or recharge facility to replace out-of-priority stream depletions, or to meet South Platte river compact obligations, either directly or by recharge accretions, as part of a plan for augmentation approved by the water judge for water division 1 or a substitute water supply plan approved pursuant to section 37-92-308.

(b) "Well" does not include a naturally flowing spring or springs where the natural spring discharge is captured or concentrated by installation of a near-surface structure or device less than ten feet in depth located at or within fifty feet of the spring or springs' natural discharge point and the water is conveyed directly by gravity flow or into a separate sump or storage, if the owner obtains a water right for such structure or device as a spring pursuant to article 92 of this title.

(22) "Well driller" means any individual, corporation, partnership, association, political subdivision, or public agency which digs, drills, cases, recases, deepens, or excavates a well either by contract or for hire or for any consideration whatsoever.

Source: L. 65: R&RE, p. 1246, § 1. C.R.S. 1963: § 148-18-2. L. 67: p. 275, §§ 1, 2. L. 71: p. 1311, § 1. L. 83: (6) amended, p. 1414, § 1, effective May 23. L. 85: (6) amended, p. 1170, § 1, effective July 1; (10.5) added, p. 1161, § 2, effective July 1. L. 92: (12.5) added and

(13) amended, p. 2297, § 1, effective March 19. L. 95: (21) amended, p. 139, § 1, effective April 7. L. 96: (10.5) amended and (10.7) added, p. 1360, § 1, effective June 1. L. 98: (12.7) added, p. 1212, § 2, effective August 5. L. 2003: (21)(a) amended, p. 1453, § 2, effective April 30. L. 2009: (10.5) amended and (10.9) added, (HB 09-1303), ch. 390, p. 2107, § 1, effective June 2. L. 2023: IP and (10.9) amended, (SB 23-285), ch. 235, p. 1257, § 38, effective July 1.

Editor's note: The upper Crow Creek drainage area is a designated groundwater basin (see rule 5.2.9 of the ground water commission, 2 CCR 410-1). Therefore, subsection (6)(b) is not repealed.

Cross references: For the authorization by Senate Bill 85-250 as specified in subsection (6)(b)(II) of this section, see p. 1452 and footnote 70 on p. 1487 of the 1985 general appropriation act, chapter 344, Session Laws of Colorado 1985.

Notes of Decisions

Cited in 48 cases (3 in the last 5 years), 1976–2025 · leading case: Gallegos Fam. Props., LLC v. Colorado Groundwater Comm'n, 2017 CO 73 (Colo. 2017).

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Gallegos Fam. Props., LLC v. Colorado Groundwater Comm'n, 2017 CO 73 (Colo. 2017). · cites it 8× “”); see also § 37-90-103(10.5) (defining non-tributary groundwater based on the rate at which the groundwater will affect surface waters).”

Colorado Ground Water Comm'n v. North Kiowa-Bijou Groundwater Mgmt. Dist., 77 P.3d 62 (Colo. 2003). · cites it 34× “" § 37-90-103(10.5). The determination of whether ground water is nontributary is based on aquifer conditions existing at the time of a well permit application or court adjudication.”

Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352 (Colo. 1994). · cites it 26× “The trial court determined that the water did not meet the statutory definition of nontributary ground water in section 37-90-103(10.5), 15 C.R.S. (1990), and therefore denied the claim.”

State Eng'r v. Castle Meadows, Inc., 856 P.2d 496 (Colo. 1993). · cites it 24× “Although Castle Pines requested a determination that the water it wished to withdraw was nontributary ground water as defined in section 37-90-103(10.5), it proposed and sought approval of a plan for augmentation that provided for replacements to the stream system of four…”

State v. Sw. Colorado Water Conservation Dist., 671 P.2d 1294 (Colo. 1983). · cites it 26× “While the 1965 Act does not provide a definition of beneficial use, see section 37-90-103, the general assembly incorporated that term into the Act aware that it had a well-established place in the legal terminology relative to tributary water rights.”

Monaghan Farms, Inc. v. City & Cnty. of Denver Ex Rel. Bd. of Water Commissioners, 807 P.2d 9 (Colo. 1991). · cites it 34× “In the event that this Court determines that any portion of the subject ground water to be withdrawn by Applicant's wells is not "nontributary ground water" as defined in C.R.S. § 37-90-103(10.5), (a) specifically determining the quantity of such water available and the extent…”

Danielson v. Castle Meadows, Inc., 791 P.2d 1106 (Colo. 1990). · cites it 11× “augmentation of wells completed in the Denver aquifer that withdraw riot nontributary ground water are controlled by the statutory criteria set forth in section 37-90-137(9)(c), which provides: As to wells which will be completed in the Dawson, Denver, Arapahoe, and Laramie-Fox…”

State Ex Rel. Danielson v. Vickroy, 627 P.2d 752 (Colo. 1981). · cites it 14× “” Section 37-90-103(19)(6). (Emphasis added.”

Simpson v. Yale Investments, Inc., 886 P.2d 689 (Colo. 1994). · cites it 5× “Although Castle Pines requested a determination that the water it wished to withdraw was nontributary ground water as defined in section 37-90-103(10.5), it proposed and sought approval of a plan for augmentation that provided for replacements to the stream system of four…”

Broyles v. Fort Lyon Canal Co., 638 P.2d 244 (Colo. 1981). · cites it 24× “Section 37-90-103, C.R.S.1973. The use which the water judge is to make of the state engineer’s findings in evaluating a water right application involving a well is prescribed by section 37-92-305(6), C.”

Park Cnty. Sportsmen's Ranch LLP v. Bargas, 986 P.2d 262 (Colo. 1999). · cites it 29× “7) of section 37-90-103, operate to allow certain water that would otherwise be deemed to be tributary water subject only to appropriative use to be withdrawn as ground water under section 37-90-137 of the CGWMA.”

Broyles v. Fort Lyon Canal Co., 695 P.2d 1136 (Colo. 1985). · cites it 5× “On February 14, 1975, upon the application of Jake and Mary Broyles, the water judge decreed certain absolute and conditional water rights to five wells, all “replacement wells” as that term is defined in section 37-90-103(13), 15 C.R.S. (1973). The decree included the following…”

Show all 48 citing cases →

— Colo. Rev. Stat. § 37-90-103(1) — 1 case

Broyles v. Fort Lyon Canal Co., 638 P.2d 244 (Colo. 1981). “Section 37-90-103, C.R.S.1973. The use which the water judge is to make of the state engineer’s findings in evaluating a water right application involving a well is prescribed by section 37-92-305(6), C.”

— Colo. Rev. Stat. § 37-90-103(13) — 5 cases

Broyles v. Fort Lyon Canal Co., 695 P.2d 1136 (Colo. 1985). “On February 14, 1975, upon the application of Jake and Mary Broyles, the water judge decreed certain absolute and conditional water rights to five wells, all “replacement wells” as that term is defined in section 37-90-103(13), 15 C.R.S. (1973). The decree included the following…”

Willows Water Dist. v. Mission Viejo Co., 854 P.2d 1246 (Colo. 1993).

N. Colorado Water Ass'n v. Three Peaks Water, Inc., 859 P.2d 836 (Colo. 1993).

Mission Viejo Co. v. Willows Water Dist., 818 P.2d 254 (Colo. 1991).

— Colo. Rev. Stat. § 37-90-103(17) — 2 cases

Willows Water Dist. v. Mission Viejo Co., 854 P.2d 1246 (Colo. 1993).

Mission Viejo Co. v. Willows Water Dist., 818 P.2d 254 (Colo. 1991).

— Colo. Rev. Stat. § 37-90-103(18) — 2 cases

Deutsch v. Kalcevic, 140 P.3d 340 (Colo. Ct. App. 2006).

V Bar Ranch LLC v. Cotten, 233 P.3d 1200 (Colo. 2010).

— Colo. Rev. Stat. § 37-90-103(19) — 4 cases

State v. Sw. Colorado Water Conservation Dist., 671 P.2d 1294 (Colo. 1983). “While the 1965 Act does not provide a definition of beneficial use, see section 37-90-103, the general assembly incorporated that term into the Act aware that it had a well-established place in the legal terminology relative to tributary water rights.”

Bayou Land Co. v. Talley, 924 P.2d 136 (Colo. 1996).

In the Matter of Water Rights as Applied for by Meridian Serv. Metro. Dist.: Meridian Serv. Metro. Dist. v. Ground Water Comm'n, 2015 CO 64 (Colo. 2015).

— Colo. Rev. Stat. § 37-90-103(19)(6) — 1 case

State Ex Rel. Danielson v. Vickroy, 627 P.2d 752 (Colo. 1981). “” Section 37-90-103(19)(6). (Emphasis added.”

— Colo. Rev. Stat. § 37-90-103(2) — 1 case

Shirola v. Turkey Cañon Ranch Ltd., 937 P.2d 739 (Colo. 1997).

— Colo. Rev. Stat. § 37-90-103(21) — 2 cases

Three Bells Ranch Assocs. v. Cache La Poudre Water Users Ass'n, 758 P.2d 164 (Colo. 1988).

Zigan Sand & Gravel, Inc. v. Cache La Poudre Water Users Ass'n, 758 P.2d 175 (Colo. 1988).

— Colo. Rev. Stat. § 37-90-103(21)(a) — 1 case

Vance v. Wolfe, 205 P.3d 1165 (Colo. 2009).

— Colo. Rev. Stat. § 37-90-103(6) — 15 cases

State Ex Rel. Danielson v. Vickroy, 627 P.2d 752 (Colo. 1981). “” Section 37-90-103(19)(6). (Emphasis added.”

Alamosa-La Jara Water Users Prot. Ass'n v. Gould, 674 P.2d 914 (Colo. 1983).

Monaghan Farms, Inc. v. City & Cnty. of Denver Ex Rel. Bd. of Water Commissioners, 807 P.2d 9 (Colo. 1991). “In the event that this Court determines that any portion of the subject ground water to be withdrawn by Applicant's wells is not "nontributary ground water" as defined in C.R.S. § 37-90-103(10.5), (a) specifically determining the quantity of such water available and the extent…”

Danielson v. Jones, 698 P.2d 240 (Colo. 1985).

— Colo. Rev. Stat. § 37-90-103(6)(a) — 10 cases

Gallegos Fam. Props., LLC v. Colorado Groundwater Comm'n, 2017 CO 73 (Colo. 2017). “”); see also § 37-90-103(10.5) (defining non-tributary groundwater based on the rate at which the groundwater will affect surface waters).”

Colorado Ground Water Comm'n v. North Kiowa-Bijou Groundwater Mgmt. Dist., 77 P.3d 62 (Colo. 2003). “" § 37-90-103(10.5). The determination of whether ground water is nontributary is based on aquifer conditions existing at the time of a well permit application or court adjudication.”

Colorado Ground Water Comm'n v. Eagle Peak Farms, Ltd., 919 P.2d 212 (Colo. 1996).

Qualls, Inc. v. Berryman, 789 P.2d 1095 (Colo. 1990).

Three Bells Ranch Assocs. v. Cache La Poudre Water Users Ass'n, 758 P.2d 164 (Colo. 1988).

— Colo. Rev. Stat. § 37-90-103(6X2) — 1 case

Upper Black Squirrel Creek Ground Water Mgmt. Dist. v. Goss, 993 P.2d 1177 (Colo. 2000).

— Colo. Rev. Stat. § 37-90-103(7) — 3 cases

Vance v. Wolfe, 205 P.3d 1165 (Colo. 2009).

State Ex Rel. Danielson v. Vickroy, 627 P.2d 752 (Colo. 1981). “” Section 37-90-103(19)(6). (Emphasis added.”

— Colo. Rev. Stat. § 37-90-103(8) — 1 case

State Ex Rel. Danielson v. Vickroy, 627 P.2d 752 (Colo. 1981). “” Section 37-90-103(19)(6). (Emphasis added.”

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