Best Water Law Lawyers in Aurora

About Water Law in Aurora, United States

Water law in Aurora, Colorado, is a specialized field focusing on the rights and responsibilities related to the use, distribution, and management of water resources. As a city situated within the arid West, Aurora faces unique challenges involving water rights, water use, and conservation. The legal framework draws from both state and federal laws, especially Colorado's complex system of allocating surface and groundwater based on prior appropriation. Water law in Aurora addresses issues like municipal water supply, agricultural irrigation, private wells, and water quality, ensuring that the city’s growing population has access to safe and reliable water sources while balancing the needs of various users.

Why You May Need a Lawyer

Individuals or businesses in Aurora may need a water law attorney for a range of reasons. Common situations include disputes over water rights, securing permits for well drilling, negotiating water access for agricultural or commercial purposes, and addressing contamination or pollution concerns. Property developers often require legal guidance when connecting new developments to the municipal water supply. Additionally, legal support may be necessary for resolving conflicts between upstream and downstream users, addressing easements or rights-of-way for water pipelines, defending against enforcement actions from regulatory agencies, and navigating compliance with state and local water conservation rules.

Local Laws Overview

Aurora falls under Colorado water law, which operates primarily under the doctrine of prior appropriation, meaning "first in time, first in right." This gives senior water rights holders priority use over junior appropriators, especially during drought or periods of shortage. All water use generally requires a legally recognized water right, which must be obtained through application and adjudication in specialized water courts. The City of Aurora manages water supply and distribution within its service areas, including implementation of conservation ordinances, regulation of backyard wells, and establishment of use restrictions during droughts. Groundwater and surface water management is overseen by both local agencies and the Colorado Division of Water Resources. Environmental standards, such as the Safe Drinking Water Act, also play a vital role in ensuring water quality.

Frequently Asked Questions

What is the doctrine of prior appropriation?

This legal principle governs water allocation in Colorado, including Aurora. It establishes that the first person to divert water and put it to beneficial use has the right to continue using that water, prioritizing senior users during shortages.

Can I drill a well on my property in Aurora?

Well drilling is regulated and requires permits from the Colorado Division of Water Resources. Certain restrictions apply, particularly within municipal limits, and some properties may be ineligible for new wells depending on location and existing water service.

What should I do if I have a dispute with a neighbor about water use?

Water disputes can be complex. It is important to know your water rights and to document any issues. Consulting a water law attorney is recommended to help resolve the dispute, whether through negotiation or legal proceedings.

Who oversees water rights in Aurora?

Water rights in Aurora fall under the jurisdiction of the Colorado Division of Water Resources and are adjudicated in designated water courts. The City of Aurora Water Department also manages municipal supply and enforces local ordinances.

Do I need a permit to use rainwater?

Colorado has specific statutes allowing limited rainwater collection for certain residential uses. In most cases, up to two rain barrels with a combined capacity of 110 gallons are allowed for outdoor purposes. Larger scale collection requires additional regulatory review.

What happens during drought restrictions?

Aurora may impose water use restrictions to conserve supply during drought conditions. This can include limits on lawn irrigation, car washing, and other water uses. Violations may result in fines or other enforcement actions.

How are water quality concerns addressed?

Water quality in Aurora is monitored by city and state agencies in compliance with the Safe Drinking Water Act and other environmental laws. Issues like contamination or unsafe drinking water must be reported and are subject to regulatory intervention.

Can businesses get special water allocations?

Some commercial or industrial users may need to apply for specific water rights or service agreements. The city reviews business needs and may set conditions or fees to ensure equitable and sustainable allocation.

How can I transfer water rights?

Water rights can be sold, leased, or otherwise transferred, but such transactions must be approved by the water court to confirm the continued beneficial use and avoid injury to other rights holders.

What if I discover illegal water use?

Illegal diversions or unauthorized use should be reported to the Division of Water Resources or the City of Aurora. Enforcement actions can include cease and desist orders, fines, or even criminal penalties in egregious cases.

Additional Resources

There are several organizations and agencies in Aurora and Colorado that provide information, guidance, and assistance on water law issues, including:

• Colorado Division of Water Resources (State Engineer’s Office)
• City of Aurora Water Department
• Colorado Water Courts
• Colorado Water Conservation Board
• University of Colorado Law School - Getches-Wilkinson Center for Natural Resources
• Colorado Legal Services (CLS)
• Denver Metro Water Providers
• Environmental Protection Agency (EPA) Region 8

Next Steps

If you have concerns about your water rights, face a dispute, or need guidance for a project involving water use, seek legal advice from an experienced water law attorney in Aurora. Start by gathering all relevant documents, including property deeds, water rights records, permits, and any correspondence related to your issue. Reach out to local resources or schedule a consultation with a legal professional specializing in water rights or environmental law. An attorney can help you navigate complex regulations, defend your interests, and ensure that you comply with all applicable laws.

For urgent matters, contact the Colorado Division of Water Resources or the City of Aurora Water Department directly to report violations or obtain information about your water use or permits.