Water Issues - Ask Vinny

Posted: Tuesday, February 14, 2023

Author: Vinny Delgado, Partner, Ranch Sales | Licensed in MT


Dear Vinny,

My family is preparing to sell our family farm. We have been irrigating about 40 acres on the eastern side of the property for years. We have water rights, but we only use some of the water we are allotted. Can we leverage the rest of the water we are allotted to improve the property before selling it? Will doing this create any water rights issues before the sale?

- Water Issues

Dear Water Issues,

As the saying goes in the west, “there have been more people shot over water than women”. Having a trusted water rights specialist or attorney review your water rights can be highly beneficial when trying to develop more irrigatable ground on your farm. This is typically an easy process if your water rights are intact and have not been adjudicated or contested. Still, it is always wise to consult with a specialist to make sure what you want to do will not become an issue with any neighboring properties. Water is one of the most important topics we deal with as land brokers, and being able to consult with someone who specializes in water research is by far your best option. Let me know if you need a recommendation on who to talk to. We keep extensive vendor lists and pride ourselves in our relationships with these experts.

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