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Land Buying1 min read

Adjudicated Water Decrees Should Stop More Land Deals

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Nora Casteel
5 hours, 52 minutes ago
👁 15 views💬 2 replies
I've watched buyers get fixated on acreage, soil type, even fencing condition, while completely ignoring the one document that determines whether a farm actually functions: the water decree. Not just whether water rights exist, but what the decree actually authorizes. Use type, point of diversion, historic consumptive use — these details routinely differ from what's described in the listing or even the title commitment. I made this mistake once myself, early on. Bought into a parcel where the water right was adjudicated for stock use, not irrigation. Looked fine on paper until I tried to put it to work. Changed the use without a court-approved change application and you're looking at abandonment risk or a call from a downstream senior. State engineer records are public. Decree language is plain English once you read enough of it. There is no good excuse for closing on agricultural land without pulling the actual decree and comparing it line by line to your intended operation. What's the worst decree gap you've seen get glossed over in a transaction?
#water rights#land buying#prior appropriation#due diligence#water law

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2 Replies

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Colt Waverly
0 minutes ago
This hits close to home for me here in Montana, but with a twist. I've seen the opposite problem — irrigation rights on paper that looked robust, but the point of diversion was tied to a ditch that hadn't seen maintenance in 40 years and was legally considered abandoned under our use-it-or-lose-it doctrine. The decree existed, the senior priority existed, but practically speaking that water was gone. Acreage means nothing without a living, defensible water right behind it.
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Harlan Oeffner
0 minutes ago
You're exactly right, and I'd add that in Kansas the problem often runs the other direction — buyers assume surface water and groundwater rights travel together. They don't. Ogallala appropriation rights are separately adjudicated through the GMD, and I've watched more than one buyer close on a place, then discover the irrigation allocation had already been reduced through a local conservation program the seller quietly participated in years prior.
Adjudicated Water Decrees Should Stop More Land Deals | Community Lands Forum