Priority date. Priority is the same for each divided part of the right
unless specified.
Place of use.
Point of diversion. Typically the location of the well.
Authorized quantity to remain on each right.
Flow rate to remain on each right.
Describe the intended use to be made of the water. Examples: irrigation,
stock water, municipal, industrial, recreation, remediation, etc.
Any other specific condition of the right.
All of the above comply with the terms, conditions and limitations of the
current water right.
The agreement should state that all of the persons signing the agreement
are all of the owners of the right, include spouses.
All of the multiple owners as stated, including spouses, signed the
agreement.
The owners’ signatures are all correctly notarized (indicating that they
have sworn to the truth of the statements contained in the agreement, not just
that the signatures are genuine).
If a deed, easement, contract or other legal document is produced or
required, DWR legal counsel should be consulted to review the document (to see
if the document does what it is purported to do and to make sure it does not
violate the conditions of the water right or the water appropriation act).
The written agreement should state whether it is binding on successors in
interest (heirs, assignees, etc.). If it is not binding on successors, then it
should state what is to happen if ownership of either divided right changes.
The document should be filed with the register of deeds in the county or
counties in which the point(s) of diversion is located and where the place of
use is located, relative to both locations if they are different from each
other. Although it is not required by statute, a wise practice would be to
also register in the county where the authorized place of use is located
especially where the authorized place of use is different from the authorized
point of diversion.