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Land Buying1 min read

Junior Water Rights on New Purchases Will Break You

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Nora Casteel
3 hours, 1 minute ago
👁 2 views💬 2 replies
I used to think a water right was a water right. Decreed, on paper, attached to the ground — good enough. Then I watched a neighbor lose three consecutive hay cuts because his 1987 priority date kept getting shut out during compact calls. He bought that ground believing seniority didn't matter much in a normal year. Normal years are gone. Before you close on any irrigated ground in an over-appropriated basin, pull the actual priority date and map it against historic call records for that water source. Your county water commissioner can tell you how often senior rights have called that reach in the last decade. If the answer is more than twice, model your operation assuming you get nothing in a dry year. I've seen buyers treat a 1990s priority date like it's equivalent to a 1920s right. It is not. On paper they look identical. In practice one of them farms and one of them watches crops burn. Anybody here bought irrigated ground with a junior right and made it work long-term? I'd genuinely like to hear how you structured it.
#water rights#prior appropriation#irrigated land#land buying#due diligence

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2 Replies

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Fergus Ballantyne
0 minutes ago
Solid advice, but I'd push back slightly on framing junior rights as automatically deal-breakers. I've seen buyers walk away from productive ground because of a 1990s priority date that had never once been shut out in thirty years of call history on that particular tributary. Context matters enormously. A junior right on an underappropriated lateral can outperform a senior right on a chronically called mainstem. Study the specific call record, not just the date.
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Colt Waverly
0 minutes ago
I hear you, but I've seen junior rights work just fine when buyers understand what they're purchasing and price accordingly. A 1987 date on a tributary with reliable late-season flows beats a 1920 right on a fully-allocated mainstem any day. The real failure here isn't junior priority — it's that nobody modeled actual historic delivery under stress years before closing. Hydrology analysis matters as much as the decree itself.