How many homes can this land support on water?
3 homes on exempt wells as far as water law goes
At 35 acres, one exempt well per tract of 35 acres or more, each serving up to three single-family dwellings (C.R.S. 37-92-602(3)(b)(II)(A)); Park County's zoning decides how many may be built.
Next stepRecord the division into tracts of 35 acres or more, then file a well permit application for each tract.
Why, who decides and sources
Why
Tracts of 35 acres or more are exempt from subdivision review (C.R.S. 30-28-101(10)(b)) and carry the exempt-well presumption.
Who decides
DWR, on each well permit application.
Sources
Law
- C.R.S. 37-92-602(3)(b)(II)(A)
a presumption of no material injury where the well "will be the only well on a residential site, which well will be used solely for ordinary household purposes inside a single-family dwelling and will not be used for irrigation or will be the only well on a tract of land of thirty-five acres or more or will be the only well on a cluster development lot"
- C.R.S. 37-92-602(3)(b)(III)
if the well "will be located in a subdivision, as defined in section 30-28-101 (10), and approved on or after June 1, 1972, pursuant to article 28 of title 30, for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury."
- DWR Guideline 2023-1 (Amended) §1.1
permits under the presumption "on parcels less than 35 acres, which are not on parcels created through a cluster development, are limited to ordinary household purposes inside one single-family dwelling, with no allowed outdoor uses." "Only one exempt well permit issued pursuant to section 37-92-602(3)(b)(II)(A) for production purposes ... may be issued per legal parcel, cluster development lot, or tract of land of 35 acres or more."
- DWR Guideline 2023-1 (Amended) §3
uses never allowed on an exempt or small-capacity permit include "Filling or refilling a hot tub or swimming pool", event venues, bed and breakfasts, and "In-home daycares".
- DWR White River guide (2025), use diagram
not over-appropriated: "Regardless of property size: use in up to 3 single-family dwellings, the irrigation of up to 1 acre of home lawns and gardens, domestic animal watering, poultry watering, and/or livestock; OR indoor commercial use." And: "35-acre tracts which were platted as part of a subdivision are considered to be a part of that subdivision."
- DWR Guideline 2003-5, Regarding the Use of Wells Within Water Service Areas, item E
"If a proposed well will be in a known water service area that is served by a central system, we will not issue an exempt well permit unless accompanied by a letter from the supplier stating that they cannot provide water to the applicant or they do not object to the applicant obtaining a well permit within the water service area."
Records
- Water and sanitation district boundaries
- Municipal boundaries
- Safe Drinking Water Information System, public water systems
- Community water system service area boundaries
- Service area
- Service area
- Designated groundwater basins and management districts
- Over-appropriated areas (interim copy)
- Denver Basin bedrock aquifers
- Well permits
- Statewide parcels (ownership, acreage, sales)