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Practice Of Real EstateState SpecificMEDIUM

A buyer is purchasing a rural Colorado property that relies on a well for its water supply. The seller's broker mentions that the well is a 'domestic exempt well.' Which of the following correctly describes what this means for the buyer's water supply situation?

Correct Answer

D) The well is permitted for limited household, domestic, and small-scale uses, and is exempt from the water court adjudication process but still subject to state regulation

Under C.R.S. § 37-92-602, domestic exempt wells in Colorado are permitted for limited uses — typically household use, watering of livestock, and irrigation of up to one acre of lawn and garden. They are exempt from the formal water court adjudication process required for larger appropriations, but they are still subject to State Engineer permitting and regulation. Buyers must understand that exempt well use is limited and that the well may be subject to curtailment during calls on the stream system.

Answer Options
A
The well is exempt from all state regulation and the buyer may use unlimited water from it
B
The well is exempt from disclosure requirements because domestic wells are not considered water rights under Colorado law
C
The well is owned by the county and the buyer will receive a domestic water service agreement at closing
D
The well is permitted for limited household, domestic, and small-scale uses, and is exempt from the water court adjudication process but still subject to state regulation

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Related Topics & Key Terms

Key Terms:

domestic_exempt_wellwater_rightsstate_engineerwell_permitdisclosure

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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