ARE WATER RIGHTS CONVEYED WITH REAL ESTATE?
If appurtenant to real property, water rights are automatically conveyed when the property is conveyed unless specifically reserved. However, only agricultural water rights and “water rights necessary for the enjoyment of the property” are appurtenant. Water rights may be separately conveyed by warranty, special warranty, or quitclaim deed. In addition, a Change of Ownership of Water Right shall be filed with the State Engineer then recorded in the county where the water rights are located. 4. HOW MUCH ARE MY WATER RIGHTS WORTH? It depends. The value of any water right is a function of several factors including the water right’s current validity, the approved or established purpose(s) of use, water quantity, water quality, location and market demand. Priority date is greatly overrated as a factor. 5. WHEN IS PUBLIC NOTICE REQUIRED? Public notice and an opportunity for protest is not required for any change of ownership of a water right. Public notice and an opportunity for protest is r
