New legislation was recently enacted which affects residential water wells. First, while owners of well permits are currently required by law (37-90-143 C.R.S.) to file an update with the State Engineer regarding any change of owner name and/or mailing address, HB08-1014 now gives specificity to that requirement. Second, HB08-1014 also requires that an application to register a well be submitted to the State Engineer’s Office prior to or within 60 days of the closing of the sale of residential real property, to register a residential well “not of record” with the State Engineer. The legislation affects residential wells only and does not apply to other wells such as wells used for fire fighting purposes, commercial/industrial use, crop irrigation, and agricultural livestock watering, among others.
Changes made by the legislation:
- On or after January 1, 2009, the BUYER in a residential real estate transaction that includes the transfer of a registered/permitted residential well, must, prior to or at closing, complete a Change in Owner Name/Address form (GWS-11).
- If the subject well is not of record (that is, does not have a well permit) with the Division of Water Resources, an application to register an existing well must be completed by the BUYER in lieu of a Change in Owner Name/Address form (GWS-11).
- Within 60 days of closing, all applicable form(s) and supporting documentation necessary for evaluation must be submitted to the Division of Water Resources.
Note: As required by this legislation, if a closing service is provided, the person providing such service must submit the applicable material. If no such service is provided, the BUYER must submit the appropriate paperwork.
This notice from the Division of Water Resources explains this change in greater detail. Please refer to this guide Well Owner’s Guide to help you determine he status of a particular well permit.
OTHER USEFUL LINKS
To look-up well permit information go here: State of Colorado Resources – http://www.dwr.state.co.us/WellPermitSearch/default.aspx
Information about Well Water Rights go here: CSU EXTENTION – Fact Sheet about Well Permits and Water Rights http://www.ext.colostate.edu/pubs/natres/06700.html
Colorado Division of Water Resources: http://water.state.co.us/DataMaps/DataSearch/Pages/DataSearch.aspx