I bought some property that has surface water. Turns out the rights are in someone's name from many years and two owners ago. I got a copy of the quit claim deed and know how to get in touch with the water owners. We have mutual friends and it should not be a problem to have them sign over the deed to us. My question is what do I have them sign? Would a generic form saying "we...sign over all rights to this quit claim to ..." and have it notarized be enough? I asked our county clerk but they really wouldn't say. Seems strange since they record water ownership. Seems simple enough to do without a lawyer but maybe not. Thanks.

Use a lawyer that specializes in water rights. Have him first review the deeds you have, which may convey.

And no, county clerks are forbidden from giving legal advice.

It would be worth your $$ to get a lawyer.  Water can be very valuable, and you can always sell the rights.

Welcome to the wonderful world of Colorado water rights.  Pepper your angus.

I don't have any Angus, just goats.

My sister and her husband own some property near a well known ski town.  They built their home on it about 35 years ago.  They drilled a well.  Some water lawyers showed up years later, informing them that they didn't own the water on their property.  They can still use the well, but they are restricted--she's not even allowed to water the flowers in front of her house.

Unless he has to buy them first. Then it gets $$$.

I have my well water in my name, took a year or so because the well location was wrong. The people who own the surface water are in thier 80s, according to friends of theirs, aren't looking to make money. They bought the rights for a dollar according to the deed.

It just seems to me, I could have the deed owners sign a paper saying they turn over all rights to quit claim #xxxxx to me and have a notary public stamp it. I will pay them a dollar and any costs incurred for the notary.

Nothing personal , but you're smoking crack.
That notary, happens to be nosy and takes a quick read of the paperwork. She calls the owners informing them Their neighbors just sold 1/2 what they have for $450K

OR.. 1 month, 1 year later one of their relatives pops up (WITH an attorney) Saying you took advantage of their feeble minds & age, to steal their million dollar water rights.



That good deal has turned in to a multi-million dollar law suit. If they get the Sierra club or other tree hugging .org involved saying you destroyed a natural area. .You might get off with a tent for an abode after it's over.

Mineral Rights is a multi-million dollar business. One t not crossed, I dotted, kiss it goodbye.


You asked for advice, you're ignoring it. Go, have fun getting them to sign it over to you. Tag the thread for when your notice to cease & desist is delivered.

Yeah, I'm from IL, water comes from the sky there, not a ditch! I do understand how important and complicated water is here. Mine is just a piddly little ditch though,  one gov water person told me not to even worry about changing ownership! I knew that was wrong. Thanks for the advice, I'll be calling some attorneys tomorrow.

There are no shortcuts to doing water rights correctly, just like the rest of the chain of title.

Lol Colorado water law how much I hate thee

I work in water rights from the technical side.  I know how important water rights are, and how confusing they can be, but it seems a little bit of escalation has occurred here.

I think your first post is a bit contradictory.  If the current land owner conveyed water rights to you, that he believed were conveyed to him and all of the property was researched, then you are the current water right owner, you just need to straighten out the chain of ownership transfer.

The first thing to understand is that a water right is a property right.  They are dealt with similar to that of other property rights.  A quit claim deed could be a way of processing the transaction, but, as suggested, a property attorney or water attorney would be advised.  

Do you know what kind of ownership interest is held in the ditch?  For instance, is it a mutual ditch company, carrier ditch company?  Do you own a water right or do you have a contract to receive water?  

I don't know what part of the state you are in, or what the water right is.  If you are in the South Platte River Basin, that is Division 1, Division 2 is the Arkansas River Basin, Division 3 is the Rio Grande, Division 4 is the Gunnison, Division 5 is the Colorado, Division 6 is the Yampa, and Division 7 is the Dolores/San Miguel.  The senior priorities in each of these divisions are of different vintage.  South Platte Water Rights usually have an earlier date than say a Colorado River water right, though they would be of similar relative priority.  For instance, the controlling right on the Colorado River is the Shoshone Power call that is a 1905 priority.  A 1905 priority on the South Platte would go out fairly early in a drier year because of the number of much earlier irrigation rights .  So knowing the relative priority of your water right and the relative location of the water right in the proper division is informative.

For a little more reading, you might check out this brief article by Ray Petros: http://www.cobar.org/docs/WA040706J-01-0607191.pdf?ID=1475

If you want to check out more information about your water right, I can either talk you through looking up information from the Division of Water Resources, or you can go and play around on their site.  Just send me an IM if you are inclined.  

Not sure why the link is not active.  It is a colorado bar association link.

I own the property, I should own the water rights. The county clerk still has them in another name. Just a married couple, no businesses or anything involved. It should just be a matter of updating the county records. I am waiting to hear back from a lawyer. It's in Div 5.

That's a city / urban way of looking at it. Should you perhaps, do you, see what the attorney & county clerk says.  WE have water rights (non-potable well) folks next door don't. They are also prohibited from drilling for one.  When we sell the rights go along with sale, IF one were to fill in the well. By law it cannot be reopened.

In our "contract to buy and sell real estate" it says water rights, those of record...any water rights shall be conveyed by quit claim deed.

Sp1Shooter (and anyone else really),
If you just happened to get the water rights included, you were lucky.  There are many times when the water rights are reserved and sold separately.  That causes the land to lose a lot of value.  A similar situation can occur with mineral rights, either the sand/gravel and/or oil/gas.  It's always advisable when purchasing significant property to be aware of all of the different real property and easements that may encumber the surface property.  I'm sure this isn't unique to Colorado, though water rights are varied among the western states.

Congratulations on the property.  There isn't a single part of the Colorado River Basin that isn't spectacular IMO.

eta: record setting use of the "/"?

hit the wrong button

This is very true.  For example the mineral rights on my property are owned by the Burlington Northern rail road.  Which is pretty common in small rail road towns.

Who says there were any rights to be conveyed?  You need an attorney.
ETA: A contract can say anything, however it cannot convey something that isn't owned by the seller.  If the contract conveyed the entire state of WY, do you think you are now a King?

That sounds like generic boilerplate - "Those of record" - They may have already been sold.  Get an attorney, water has started more wars than women in CO.

Too funny. We decided to spend out two week honeymoon in Wyoming vs. Colorado because of the water regulation nonsense.

Trying to figure out what we could spearfish and where we could do so turned into way more of a hassle than it was worth.

Hell, we couldn't even figure out which lakes and rivers we could swim in.

That is the damn truth

Water resource degree from CSU, studied water rights.  It's an intricate combination of voodoo and rocket science.  Get a professional, or be happy with higher risk of unintended consequence.