The hidden due diligence on an Elbert County equestrian property comes down to three things: whether the well permit legally allows livestock watering, whether the septic system can get its county use permit and has enough capacity, and whether the zoning, soil and acreage can actually support the horses you plan to keep. Here's why that matters. Colorado's Division of Water Resources does not treat livestock watering as an "ordinary household purpose," so a household-only well can't legally water a single horse unless the permit specifically allows it (Colorado Division of Water Resources, Guideline 2023-1). It's one of the most common surprises for buyers coming out of the metro, where water comes out of the tap and nobody asks what it's permitted for. Septic, zoning and soil carry similar surprises. The good news: every one of these questions has a paper trail. You just have to know where to look before your inspection deadline passes.
Here's the order I work through it:
- Pull the well permit and read the permitted uses line by line.
- Look at the well's production and the aquifer it draws from.
- Confirm which water rights, if any, convey with the deed.
- Confirm the septic system can get its county use permit before closing, and size it against how you'll live.
- Check the zone district, the minimum lot size and the animal density limit.
- Order an Improvement Location Certificate (ILC) during your inspection period.
- Ask whether the land is classified agricultural for property tax, and what keeps it that way.
- Walk the pasture, look up the soils and ask who maintains the road.
I've lived in Elbert County for 22 years and raised my kids here, and the parts of a horse property that matter most are the parts you can't see from the driveway.
One geography note before we start: Parker, Castle Rock, Franktown, Sedalia and Larkspur are in Douglas County, which has its own horse rules. This guide covers Elbert County (Elizabeth, Kiowa, Elbert and the land around them). For the Douglas County side, see my guide to Douglas County horse zoning.
Does the well permit actually allow horses?
This is the big one, and it's where I start every equestrian search.
Household-only vs. domestic and livestock permits
Under the Colorado Division of Water Resources' Beginner's Guide to Well Permits (DWR Well Permitting, guide updated October 2025), a "household use only" exempt permit covers ordinary household use inside one single-family home, with no outdoor watering and no livestock. A "domestic" exempt permit can serve up to three single-family homes, irrigate up to one acre of lawn and garden, and water domestic animals and livestock. DWR says those domestic uses are generally available on a parcel of 35 acres or more that isn't in a court-approved augmentation plan or a subdivision created after June 1, 1972, and they can also be available on smaller parcels in the Denver Basin or a Designated Basin. Lots in subdivisions created after June 1, 1972 usually get their well uses from the subdivision's augmentation plan (DWR Well Permitting).
You'll also see May 8, 1972 on some paperwork. That's a different date: it's the cutoff DWR uses for registering a residential or livestock well that was already in use before then (DWR Well Permitting). The permit itself is the final word, so read it.
Why the Denver Basin matters out here
Much of Elbert County sits over the Denver Basin, which DWR describes as reaching from the Foothills east to Limon: a stack of bedrock aquifers (the Dawson, Denver, Arapahoe and Laramie-Fox Hills) that DWR describes as nonrenewable: when the water is used, it isn't replaced. Under C.R.S. 37-90-137(4), a landowner can withdraw only the water underlying their land, and withdrawals are based on a 100-year aquifer life, which works out to an average of 1% of that water per year. DWR uses the same premise to set the uses allowed on many exempt on-lot Denver Basin wells (DWR, Denver Basin). That's why two neighboring parcels can have very different permits.
What to actually do
- Get the well permit number early and look it up in DWR's Well Permit Search tool; the permit file shows the well's allowable uses and construction records (DWR Well Permitting).
- Don't rely on listing remarks. "Horses allowed" describes zoning, not water.
- If you need a new or replacement well, DWR says review of a complete application may take up to 49 days, so build that into your timeline (DWR Well Permitting).
- If the existing well was never registered, the buyer must file the registration within 60 days of closing (DWR Beginner's Guide to Well Permits).
If the permit doesn't list stock watering, talk with a water professional before you assume you can change it. Hauling water year-round is possible, and it's a chore you'll feel every January.
How much water can a typical rural well produce, and is the aquifer holding up?
Exempt wells are small-capacity wells, typically capped at 15 gallons per minute, for domestic, stock-watering and low-intensity commercial uses where other supplies aren't available (Colorado State University Water Knowledge, Groundwater Rights). That cap is a ceiling, not a promise. Plenty of wells produce less.
The longer-term question is the aquifer. A USGS study tracked wells in the five Denver Basin bedrock aquifers in the county (upper Dawson, lower Dawson, Denver, Arapahoe and Laramie-Fox Hills), which supply about half the county's water, and found median groundwater-level declines in all five from 2015 to 2023, ranging from 0.23 to 0.66 feet per year and largest near the county's western border (USGS Scientific Investigations Report 2026-5115).
Ask which aquifer the well draws from, ask for any production records, and consider a well flow test during your inspection period. It's a small cost compared to finding out in August.
Do water rights come with the land?
Not automatically. Colorado runs on the prior appropriation system, "first in time, first in right," and a water right is a separate interest from the land (DWR, Water Rights). DWR's fact sheet for home buyers says water rights are usually conveyed through a deed, stock certificate or other legal document, and that owning land a ditch or stream crosses doesn't entitle you to use that water without a water right (DWR Fact Sheet for Home Buyers and Real Estate Professionals).
If a listing mentions ditch shares or irrigation water, ask for the documents and confirm they convey in the contract.
What does Elbert County require for septic before a sale?
Elbert County's On-Site Wastewater Treatment System Regulation took effect June 15, 2026, and covers systems with a design capacity up to 2,000 gallons per day. Under its transfer-of-title section, the owner must have the system inspected before the sale, and a use permit is issued once the system meets the county's criteria. The use-permit application must include an inspection report completed within the previous 12 months, and if the seller doesn't obtain the use permit, the purchaser has to (Elbert County OWTS Regulation 2026, Section 2026.9). It usually lands on the seller's side of the timeline, but track it closely.
If the system needs repairs, the county's seller guide says it can issue a provisional use permit, you can close on it, and the repairs must be completed within 30 days (Elbert County Public Health and Environment). Decide in the contract who makes those repairs and when.
Capacity is a separate question
A system that passes inspection was designed for a certain number of bedrooms. If you're planning a guest apartment over the barn, a wash rack, or extra bathrooms, ask the inspector and the county whether the existing system supports that. My opinion? Never plumb barn drains into the house septic without asking first.
How many horses can an Elbert County equestrian property legally hold?
Start with the zone district. Under Article XIV of the Elbert County Zoning Regulations, the RA, RA-1, RA-2, AR and A-2 zones, and nonconforming parcels under 35 acres, allow a maximum of one animal unit per half acre. One horse, mule or cow is one unit, five sheep or goats are one unit, and four miniature horses are one unit. The R-1 zone allows two horses and no cattle, sheep or goats, and the R-2 zone allows no horses at all (Elbert County Zoning Regulations, Article XIV.C).
Article XIV covers noncommercial animals. Boarding, breeding and training are listed separately in the county's land use table: up to 10 animal units is a use by right in the A and A-2 zones and needs a special use by review in AR and RA, and it isn't listed as allowed in RA-1, RA-2, R-1 or R-2 (Elbert County Land Use Table, Article V). If boarding is part of your plan, confirm it with the county before you're under contract.
Two more things to check:
- Covenants. Many rural subdivisions around Elizabeth and Kiowa have HOA or covenant rules that are stricter than county zoning. County approval doesn't override them.
- Usable acreage. The house, driveway and a steep drainage all come out of your five acres. Your horses get what's left.
What are the minimum lot sizes?
| Zone district | Minimum lot area |
|---|---|
| A (Agricultural) | 35 acres |
| A-2 | 20 acres |
| AR | 10 acres |
| RA | 10 acres |
| RA-1 | 5 acres |
| RA-2 | 2.5 acres |
| R-1 | 1 acre |
| R-2 | 12,000 square feet |
Source: Elbert County Zoning Regulations, Article VI, Dimensional Standards (Amendment 5).
Why order an Improvement Location Certificate?
An ILC shows the parcel's boundaries and where the house, barn, fences and other improvements sit relative to them (C.R.S. 38-51-102). It's a fast way to spot a barn inside a setback or a fence on the wrong side of the line. Request it during your inspection period.
Know its limits: Colorado law requires an ILC to state that it isn't a land survey plat and can't be relied on to set fence, building or future improvement lines (C.R.S. 38-51-108). Planning a new fence or barn near a line? Get a full survey.
What happens to the agricultural tax classification when you buy?
If a property is classified agricultural, that's usually good for the tax bill, but it comes with conditions. The Colorado Division of Property Taxation says land generally qualifies if it was used the previous two years, and is presently used, as a farm or ranch. A ranch means land used to graze livestock for the primary purpose of a monetary profit, and "livestock" means domestic animals used for food, breeding, draft or profit (Colorado Division of Property Taxation, Agricultural Property). Keeping your own pleasure horses doesn't fit that definition on its own.
For tax year 2026 (paid 2027), agricultural property is assessed at 25% of its actual value, which for ag land is set by a productivity formula, while residential property is assessed at 6.8% for local governments, after a reduction of 10% of the first $700,000 of actual value (DPT; HB24B-1001), and 7.05% for schools (Colorado Division of Property Taxation). If the agricultural use lapses after you buy, the assessor can reclassify the land. Ask the seller how the land qualifies today, and confirm with the Elbert County Assessor.
Soil, pasture and the road: the parts nobody puts in the listing
Eastern Elbert County is dry, windy, and hard on grass. A pasture that looks fine in a wet June can look like a parking lot by October if it's been overgrazed.
Here's what I suggest:
- Look up the parcel in the USDA's Web Soil Survey to see the mapped soil types and how they're rated for grazing.
- Call the CSU Extension office for Elbert County with pasture and weed questions.
- Walk the property. Look for bare patches, noxious weeds, and sandy blowouts near gates and water tanks.
- Ask the seller how many horses they've kept and whether they feed hay year-round.
Plan on buying hay, at least part of the year. Most horse owners out here do.
Then ask about the road. If access is a private road or shared easement, maintenance falls to the owners, not the county. Ask whether there's a recorded maintenance agreement and what your annual share is, and get it in writing before closing.
The numbers worth knowing
| Figure | What it means | Source |
|---|---|---|
| 35 acres | Generally qualifies for a domestic exempt well (livestock, up to 1 acre of irrigation) if not in an augmentation plan or a post-June 1, 1972 subdivision | DWR Well Permitting |
| 1% per year | Average annual Denver Basin withdrawal, based on a 100-year aquifer life | DWR, Denver Basin |
| 0.23 to 0.66 feet per year | Median groundwater-level declines in the county's five Denver Basin bedrock aquifers, 2015 to 2023 | USGS SIR 2026-5115 |
| 12 months | Maximum age of the septic inspection report for a use permit | Elbert County OWTS Regulation 2026 |
| 1 animal unit per half acre | Max density in RA, RA-1, RA-2, AR and A-2, and on nonconforming parcels under 35 acres | Elbert County Zoning, Article XIV |
| 25% | 2026 assessment rate for agricultural property | Colorado Division of Property Taxation |
What should sellers of horse property have ready?
Answer these questions before a buyer asks:
- Your well permit, well test records, and any water rights or ditch share documents
- Septic pumping and repair history, plus a plan for the use permit inspection
- Your zoning designation, any covenants, and any ILC or survey you have
- How the land qualifies for agricultural classification, if it does
Clear paperwork calms nervous metro buyers fast. When I do a no-obligation valuation for a horse property, these items are part of the conversation, along with the comparable sales behind the price range.
A few honest opinions from out here
The metro buyers who do best out here aren't the ones who know everything on day one. They're the ones who ask the boring questions early. Read the well permit before you fall for the arena. Treat the septic like a major system, because it is. And let the land tell you how many horses it can carry.
If you're weighing a move to acreage, or you're selling a horse property and want to know what buyers will ask, give me a call at (720) 597-8773. I'll help you pull the well permit, the zoning and the septic paperwork before your deadlines start running.