Special offer

Colorado Well Disclosure - Effective 8-6-08 (HB08-1041)

By
Real Estate Agent with Keller Williams Clients' Choice

This new law requires the residential buyer of a property with a small capacity well to complete the change in ownership form prior to or at closing of the property. 

For realtors, this means we need to include the necessary information as part of the Real Estate to Buy and Sell Contract.  So the buyer can get the process going before closing.   Once on the paperwork is filled out, then the closer is responsible for sending the well permit change form within 60 days of the closing, with as much information as is available.  However, if the closer cannot get the well permit number in time before closing they still need to send in the form incomplete and it will not be rejected.

If the house was built before May of 1972, it may not have a well permit.  If that is the case then it is highly recommended that the seller be required to "late register" the at well before the closing using the State Engineer's form GWS-12.   (which you can get at www.water.state.co.us)

There are two different kinds of forms that you will come accross. 

GWS-44  (exempt) is for a small capacity well that is limited to 15 gallons per minute.

Usually these well are for residential properties, stricly indoor use, with permitted outside irrigation up to one acres of landscaping and for non commercial stock.

GWS-45 (non-exempt) is for wells that are more than 15 gallons per minute. Normally not residential. 

Information to get before you purchase a property with a well:

1- Find out if the the ground around the well is sloped away from the well to allow proper drainage away fromt th well.

2- How old is the well?

3- Is the well registered?

4- Are there any water restrictions?

5- Is the quality of the water good?

6- What is the current pumping rate for the well.

7- Is the well actually located in the property lines?  Or is it outside the property lines?

8- How easy is the well to get to?

9- Is the well casing above ground?  Is it sealed weather tight?

10- It is in good sanitary condition?  Where is the septic tank compared to this?

11- Is the casiing made of steel, that is above ground?

Brooke

* this information is not coming from an expert.  If you want expert informatiuon on this contact an expert in this field.

 

 

Comments (0)