What water will I legally have on the day I close?
From the public record Settled
The well on this land
Permit 91-GX goes with the land when you close, and it is permitted for geothermal 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 91-GX on this parcel, and a well permit belongs to the land it serves.
The figures
- DWR also places permit 149197 inside this parcel, but only roughly, from the section lines, so it isn't counted as this land's well; DWR lists the permit as permit issued.
- Colorado-Big Thompson units (Northern Water): Inside Northern Water, C-BT units on a farm are attached to the tract by a Class D contract recorded with the county; they move to a buyer only with the board's approval, and a seller who keeps them has 5 days after closing to move them to an inactive account. Ask Northern Water in Berthoud, (800) 369-7246.
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."