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The seller(s) is the record owner of title to the water rights. Water rights commonly follow the land or use to which they are appurtenant. The seller is the owner of the land on which surface or ground water is or has been used or the owner of a well who has dedicated the water to a use. For example, if the owner of farmland and has diverted surface or ground water to his land, he is generally the owner of the water rights unless title to the water is owned by a federal or state agency or some other owner who may lease the water to the user. Ownership of water rights is not always clear. For example, a well may belong to Jones; but the water rights may belong to Smith. Smith may lease the water for use on land owned by Baker. On the Information Form below, there is space for you to enter comments to describe any circumstances you feel are important. If individual(s), indicate whether sole and separate property, or husband and wife. If other than an individual, enter name of the legal entity and type of entity. For example: Penner Farms, Inc., a Colorado Corporation, or The Walker Trust, an Arizona Trust. Title of the individual authorized to sign documents for the seller. Mailing address of seller. Telephone, Fax, and E-mail address of seller. County and state in which water rights are located. Water uses are generally thought of as
Try to be as specific as possible. Examples might be:
Indicate whether water rights are ground water or surface water. Name of the surface or ground-water basin or active management area The official file number from the records of the State Water Engineer or similar state office responsible for administering water rights and water resources. Quantity of water diverted to beneficial use in acre feet. If surface water, quantity of water diverted at the headgate of the main irrigation ditch for irrigation. Consumptive use of water. For example, total diversion may be 3 acre feet per acre and consumptive use may be 2.1 acre feet per acre. The total consumptive use is 2.1 acre feet per acre multiplied by the number of irrigated acres. The consumptive use depends on the location of the use and the actual use. Date of the first use of water for which water rights are claimed. The first use may not be the present use. Asking price per acre foot of consumptive use Today's Date is Free form legal description of land by township-range- section or block, to which the use belongs. If water is used for irrigation, this will be a legal description of the land. If water is used for domestic, municipal, or other point use purposes, this will be the location of a well or point of surface water diversion. Free form metes and bounds description of land or well or point of diversion where description cannot be given by township - range, section or block. Enter comments here on any unusual circumstances. Examples might be: 1. Farm last irrigated in 1987. 2. Fifty acres first irrigated in 1892. Remaining 310 acres first irrigated 1940. 3. Water is provided at no charge to nine homes not belonging to seller. The State Engineer File number will be the number of any declaration filed by the owner with the State Engineer or any subfile number recognized by the courts in any adjudication. In many cases there are no subfile numbers or no declarations have been filed. In these cases the irrigation districts will have a file number by which they recognize your water right or your right to divert water. |
