Water Law (Cont.) 



or livestock purposes if the maxi- 

 mum yield is less than 100 gallons 

 per minute. However, the water 

 well driller must file a well log 

 report, and the appropriator must 

 file a notice of completion with 

 the Dept. within 60 days after the 

 well is completed. If the notice 

 of completion is not filed, the 

 appropriator 's water right will 

 not be recognized. Both forms 

 will be available from the Dept. 

 or your County Clerk and Recorder. 



(B) If you buy land and there- 

 by acquire a water right, you, the 

 purchaser, must file a copy of the 

 transferring instrument with the 

 Dept. and the appropriate county. 



(C) If you want to sever a water 

 right from the land, or effect a 

 change in your water right, in- 

 cluding but not limited to place 



of diversion, place of use, pur- 

 pose of use, or place of storage, 

 you must first obtain the approval 

 of the Dept. Appropriate forms 

 will be available for your use from 

 the Dept. and your local County 

 Clerk and Recorder. 



If you're not involved in any 

 of the situations described, all 

 you need do is wait until your area 

 is selected for the court determin- 

 ation of existing water rights. 

 2. What is an existing water right? 



A right to the use of water 

 which would be protected under the 

 law as it existed prior to the 

 effective date of the act (July 1, 

 1973). If, in the past, you've 

 diverted water from a stream, 

 pumped it from a well, or irri- 

 gated with flood waters, you prob- 

 ably have an existing right to the 

 amount of water that you actually 

 put to a beneficial use. It should 

 be remembered, however, that the 

 key to an existing right is bene- 

 ficial use. Filing or non-filing 

 of a claim to water does not in 

 itself give or deny a legal right 

 to water. 



3. What must be done to confirm 

 an existing right? 



At this time, nothing. Even- 

 tually, however, the Dept. will 

 initiate court proceedings in 

 your area for the determination 

 of all existing rights. 



When your area is selected, 

 ample notice will be given by 

 newspaper publication and mail, 

 and you will have one year in 

 which to file a declaration of 

 your existing right with the 

 Dept. on a form provided for your 

 use . Required information may 

 include the dates of appropriation 

 and first application of the water, 

 the amount and purpose of the water 

 appropriated, the place and means 

 of diversion, the place and time 

 of use, and a true copy or the 

 docket number of any judicial de- 

 cree, notice, or other claim or 

 evidence on which the existing right 

 is based. The declarations and 

 other available data will be com- 

 piled by the Dept., and submitted to 

 a District Court in the area for a 

 determination of existing rights. 



4. Must I go through a complete 

 court proceeding if my water 

 rights have already been adjudi- 

 cated? 



You may not have to. The 

 court's preliminary decree, based 

 on data gathered by the Dept., 

 will become final if no objections 

 are filed. Certificates of water 

 rights will then be issued by the 

 Dept. , recorded by the County Clerk 

 and forwarded to the appropriators . 



5. What do I have to do if I buy 

 water from a water association or 

 irrigation project? 



Nothing. You have a "contrac- 

 tual" right; it is the actual 

 holders of the water rights who 

 must file declarations of exist- 

 ing rights and apply for permits. 



6. Do I contact the Dept. if I 

 become involved in a controversy 

 over water rights? 



In most cases, disputes will 

 continue to be handled by the 



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