What water will I legally have on the day I close?
From the public record Settled
The well on this land
Permit 88643-F goes with the land when you close, and it is permitted for domestic use.
Next stepMake sure the change-of-owner form for the well is filed within 63 days of closing; the title company usually files it.
Why, who decides and sources
Why
DWR's well records place permit 88643-F on this parcel, and a well permit belongs to the land it serves.
The figures
- Domestic means household use for up to three homes, fire protection, watering poultry, domestic animals and livestock, and up to an acre of home gardens and lawns, at no more than 15 gallons a minute.
- Well 10031621, Basalt Water Conservancy District allotment contract: When the property is sold the allotment contract must be assigned to the purchaser; notify the District at least 10 days before the sale ($550). Ask the Basalt Water Conservancy District (bwcd.org).
Who decides
DWR's well records, updated by the change-of-owner form filed after closing.
Sources
Law
- C.R.S. 37-92-602(1)(b)
"(1) This article, except for sections 37-92-201 and 37-92-202, does not apply to: ... (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings"
- C.R.S. 38-30-102(3)(b)(I)
"when a buyer of residential real estate enters into a transaction that results in the transfer of ownership of a small capacity well listed in section 37-90-105 (1)(a) or (1)(b) or a domestic exempt water well used for ordinary household purposes that is listed in section 37-92-602 (1)(b) or (1)(e), the buyer shall complete a change in owner name form for the well in compliance with section 37-90-143; except that, if an existing well has not yet been registered with the division, the buyer shall complete a registration of existing well form for the well within sixty-three days after closing the transaction."
- C.R.S. 37-90-143(2)
"any owner of an unexpired well permit issued pursuant to this article 90 or article 92 of this title 37 who changes a name or contact information from that on file with the state engineer shall file an update with the state engineer within sixty-three days after the date of the change, on a form prescribed by the state engineer."