What water will I legally have on the day I close?
From the public record Settled
The well on this land
Permit 145491 goes with the land when you close, and it is permitted for domestic and stock 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 145491 on this parcel, and a well permit belongs to the land it serves.
The figures
- DWR also places permit 17051-F inside this parcel, but only roughly, from the section lines, so it isn't counted as this land's well; DWR records a well built under it in 1974.
Who decides
DWR's well records, updated by the change-of-owner form filed after closing.
Sources
Law
- 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."