NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 07-1156
      
      
      BY REPRESENTATIVE(S) Looper, Lambert, Curry, Gardner C., Kerr J.,
      Liston, McFadyen, Rose, Sonnenberg, Carroll M., Hicks, Madden,
      Romanoff, Stafford, Summers, and Labuda;
      also SENATOR(S) Gordon, Schultheis, Tupa, and Penry.
      
      
      Concerning the disclosure of water sources in connection with
           the sale of residential real property.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Article 35.7 of title 38, Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW SECTION to read:
      
           38-35.7-104.  Disclosure of potable water source - rules. 
      (1) (a) (I)  By January 1, 2008, the real estate commission created
      in section 12-61-105, C.R.S., shall, by rule, require each listing
      contract, contract of sale, or seller's property disclosure for
      residential real property that is subject to the commission's
      jurisdiction pursuant to article 61 of title 12, C.R.S., to disclose
      the source of potable water for the property, which disclosure
      shall include substantially the following information:
      
           THE SOURCE OF POTABLE WATER FOR THIS
           REAL ESTATE IS:
             A WELL;
             A WATER PROVIDER, WHICH CAN BE
           CONTACTED AS FOLLOWS:
           NAME: _______________________________________
           ADDRESS: ____________________________________
           WEB SITE: _____________________________________
           TELEPHONE: _________________________________
             NEITHER A WELL NOR A WATER PROVIDER.  THE
           SOURCE IS [DESCRIBE]: ___________________
           SOME WATER PROVIDERS RELY, TO VARYING
           DEGREES, ON NONRENEWABLE GROUND WATER. 
           YOU MAY WISH TO CONTACT YOUR PROVIDER
           TO DETERMINE THE LONG-TERM SUFFICIENCY
           OF THE PROVIDER'S WATER SUPPLIES.
      
           (II)  On and after January 1, 2008, each listing contract,
      contract of sale, or seller's property disclosure for residential
      real property that is not subject to the real estate commission's
      jurisdiction pursuant to article 61 of title 12, C.R.S., shall contain
      a disclosure statement in bold-faced type that is clearly legible
      in substantially the same form as is specified in subparagraph (I) of
      this paragraph (a).
      
           (b)  If the disclosure statement required by paragraph (a) of
      this subsection (1) indicates that the source of potable water is a
      well, the seller shall also provide with such disclosure a copy of
      the current well permit if one is available.
      
           (2)  The obligation to provide the disclosure set forth in
      subsection (1) of this section shall be upon the seller.  If the seller
      complies with this section, the purchaser shall not have any claim
      under this section for relief against the seller or any person
      licensed pursuant to article 61 of title 12, C.R.S., for any damages
      to the purchaser resulting from an alleged inadequacy of the
      property's source of water.  Nothing in this section shall affect
      any remedy that the purchaser may otherwise have against the
      seller.
      
           (3)  For purposes of this section, "residential real property"
      means residential land and residential improvements, as those
      terms are defined in section 39-1-102, C.R.S., but does not include
      hotels and motels, as those terms are defined in section 39-1-102,
      C.R.S; except that a mobile home and a manufactured home, as
      those terms are defined in section 39-1-102, C.R.S., shall be deemed
      to be residential real property only if the mobile home or
      manufactured home is permanently affixed to a foundation.
      
           SECTION 2.  Effective date.  This act shall take effect at 12:01
      a.m. on the day following the expiration of the ninety-day period after final
      adjournment of the general assembly that is allowed for submitting a
      referendum petition pursuant to article V, section 1 (3) of the state
      constitution, (August 8, 2007, if adjournment sine die is on May 9, 2007);
      except that, if a referendum petition is filed against this act or an item,
      section, or part of this act within such period, then the act, item, section, or
      part, if approved by the people, shall take effect on the date of the official
      declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                      Joan Fitz-Gerald
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO