Short answerUsually yes for a new well: most western states require a permit or notice before drilling, even for small stock and domestic wells that are exempt from a full water right. Pumping from a creek, spring or pond often needs a surface water right. Check your state water agency before you drill or divert.
Key takeaways
- Most western states need a permit or notice before drilling, even for exempt stock wells.
- Creeks and springs usually fall under surface water rules.
- Check your state water agency before drilling or diverting.
Two systems
Groundwater can follow different rules from surface water in the same state. Texas, for example, largely leaves groundwater to local groundwater conservation districts.
- Riparian (most eastern states). Landowners along a watercourse may make reasonable use of it. Many eastern states still require permits for larger withdrawals, and counties license well construction.
- Prior appropriation (most western states). Water belongs to the state and is allocated by permit or right, with older rights served first in shortage: first in time, first in right. Small domestic and stock uses are often exempt from a full right but still require a permit, notice or filing.
Eight western states at a glance
Read from each agency's own pages in October 2026. Rules change; follow the link for your state before acting.
| State | Small stock or domestic wells | Agency |
|---|---|---|
| Arizona | A Notice of Intent to Drill must be filed with ADWR before drilling, deepening or modifying any well. Exempt wells have a pump capacity of no more than 35 gpm. | ADWR |
| Colorado | A permit from the Division of Water Resources is needed before constructing a new well; review of a complete application can take up to 49 days. | Colorado DWR |
| Idaho | The domestic exemption covers homes, livestock and up to 1/2 acre of irrigation if total use is no more than 13,000 gallons a day; the statute was revised in 2025 and 2026. | IDWR |
| Montana | Wells at or under 35 gpm and 10 acre-feet a year are exempt from a permit, but a Notice of Completion (Form 602) is required, and since 1 January 2026 a Notice of Intent (Form 602I) before use. | Montana DNRC |
| Oregon | Stock watering and household use up to 15,000 gallons a day are exempt groundwater uses, though exempt uses still carry a priority date. | OWRD |
| Texas | Groundwater districts must exempt domestic and livestock wells on tracts over 10 acres that cannot produce more than 25,000 gallons a day (Water Code 36.117). Local district rules apply. | Water Code ch. 36 |
| Washington | Permit-exempt wells: no quantity limit for stock watering; domestic use up to 5,000 gallons a day. | Ecology |
| Wyoming | A U.W. 5 permit before drilling a stock or domestic well (or developing a spring) of 25 gpm or less; licensed driller and licensed pump installer required. | State Engineer |
Other western states
In New Mexico, Utah, Nevada and California, start with the Office of the State Engineer, the Utah Division of Water Rights, the Nevada Division of Water Resources and, for surface water in California, the State Water Resources Control Board, with county well permits for construction. We have not summarised their rules here because we could not confirm the current figures from the agencies themselves.
Practical points
- Licensed contractors. Many states require a licensed driller and, in some, a licensed pump installer. Wyoming requires both.
- Springs and creeks usually fall under surface water rules. See pumping from a spring or creek.
- Federal and state grazing land needs the land manager's permission before any water development.
- EQIP funds wells and springs only where the producer has the right to the water. See EQIP for solar stock water.
Questions
- Do I need a permit for a livestock well?
- In most western states, yes: a permit, notice or filing before or after drilling, even where small stock wells are exempt from a full water right. Wyoming requires a U.W. 5 permit before drilling; Montana requires Forms 602I and 602; Arizona requires a Notice of Intent to Drill.
- Can I pump water from a creek on my land with a solar pump?
- In western prior-appropriation states, generally only under a water right or a specific exemption; in eastern riparian states, reasonable use by a streamside owner is often allowed, with permits for larger withdrawals. Ask your state water agency first.
The NRCS practices that cost-share wells, springs, pumps and troughs.
- Arizona Department of Water Resources, Groundwater Wells and Permitting
- Colorado Division of Water Resources, Well Permitting
- Idaho Department of Water Resources, Domestic Exemption
- Montana DNRC, Water Rights Permit Exceptions (Forms 602 and 602I)
- Oregon Water Resources Department, Exempt Uses of Groundwater (handout, PDF)
- Texas Water Code, Chapter 36 (section 36.117, exemptions)
- Washington Department of Ecology, Permit-exempt groundwater uses (publication 19-11-090, PDF)
- Wyoming State Engineer's Office, Ground Water Division, general processes
- New Mexico Office of the State Engineer
- Utah Division of Water Rights
- Nevada Division of Water Resources
- California State Water Resources Control Board, Water Rights