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Product ID: 400913EAU
 
Credit & Course Provided by:

Water Rights Due Diligence, Availability Analysis and Transfers

OnDemand Webinar (87 minutes)

Learn how to protect valid water rights and how to attack the assertion of invalid water rights.Water is one of the scarcest resources on the planet, and it is one that has been fought over for hundreds of years. The ability to use water is literally a question of life or death for an individual or for the life of a business or community. Most people have no understanding of their water rights, how to prove them, how to protect them, how to defend them, or how to manage them in commerce. Water rights are most often appurtenant to land, but are sometimes treated as an afterthought in real estate transactions. This topic will prepare you to understand the principles applied to water rights, but more importantly how to protect valid water rights, and how to attack the assertion of invalid water rights.

Authors

Michael J. Van Zandt, Hanson Bridgett LLP

Agenda

Definition of a Water Right

• The Various Types of Water Rights

Initiation of Water Rights

• Declaration of Water Right

• Water Right Permits

Adjudication of Water Rights

• Vested Water Rights

• Permitted Rights

• Proof of Water Rights

• Objections

• Hearing on Adjudication

• Determination by State

• Court Review

Water Right Due Diligence

• Source of Water Right

• Location of Water Rights

• Water Rights Records

• Tax Assessor's Office

• General Land Office Records

• Local Historical Societies

• Local Newspapers

• Local Library Biographies

• Bureau of Land Management

• Forest Service

• State Records

• Court Records

• Family History

Water Availability Analysis

• Required for Development Projects

Water Rights Transfers

• Pre-Statutory Exemptions

• Permitted Water Rights

• Severance of Water Rights

• Basin Wide Adjudications

• Emergency Transfers

• Temporary Transfers