Deep water rights beneath individual PCAHA properties were established for PCAHA participants in an acquisition which began in 2005 and finalized in 2008. After finalization of the acquisition, the property owners who participated were issued the deep water rights in 2008 in the event they needed a new or deeper well to drill beyond the depth of their existing house well (Dawson Aquifer) – further into the Laramie-Fox Hills, Arapahoe and Denver aquifers.
The deep water rights acquisition is not associated with the Dawson aquifer, which will always be transferred along with the house deed of the property. However, if the Dawson aquifer depletes its supply of water, the owner would need to apply for a new well permit from the State of Colorado – and not having the deep water rights issued in the current owner’s name can add a serious delay or even cause a denial of the issuance of a new well permit.
We have outlined the importance for a special method of transference of the deep water rights in the event of a sale, inheritance or foreclosure in the future. Deep water rights related to property in PCAHA, according to the State of Colorado, remain with the homeowner(s) who legally acquired the deep water rights and listed on the Quit Claim Deed or Bargain and Sale Deed (Water Rights).
It will be necessary for the current owner to contact the previous homeowner who has the deep water rights of the property and ask if they are willing to legally transfer the deep water rights to the new owner. The proper method to use at this stage would be by issuance of a Bargain and Sale Deed (Water Rights) if the seller is inclined to make the transfer.
Once this has been accomplished and properly recorded, the public records will be changed and the new owner will then become the listed legal owner of the deep water rights of the property owned in PCAHA, until such time as there is a sale, bequeathment or transfer of ownership of the property.
Typically, the Bargain and Sale Deed (Water Rights) transfer of ownership of the deep water rights is overlooked by the current owner and the realtor selling the home on their behalf. Most owners believe the deep water rights stay with the property, as is with the Dawson aquifer, and they overlook the steps needed to transfer the deep water rights to the new owners. It’s a good idea that after purchasing a new home, to keep a copy available of a Bargain and Sale Deed (Water Rights) for transfer of ownership in a file upon sale of that property.
Please visit a Guide to Colorado Well Permits, Water Rights and Water Administration for additional information or contact the PCAHA President or Secretary if you require assistance with the transfer of deep water rights using a Bargain and Sale Deed (Water Rights) form or if you have any questions regarding your deep water rights.