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Home My Public Portal About2021.04.29 Change in Water Right OwnershipForm 42-248/42-1409(6) Rev. 1/15 STA TE OF IDAHO DEPARTMENT OF WATER RESOURCES Notice of Change in Water Right Ownership 1. List the numbers of all water rights and/or adjudication claim records to be changed. If you only acquired a portion of the water right or adjudication claim. check "Yes" in the "Split?" column. If the water right is leased to the Water Supply Bank, check "Yes". If you are not sure ifthe water right is leased to the Water Supply Bank, see #6 of the instructions. Water Right/Claim No. Split? Leased to Water Water Right/Claim No. Split? Leased to Water Supply Bank? Supply Bank? r;,5 -/'3 '-( 7 (,,, Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D 2. Previous Owner's Name: Name of current water right holder/claimant 3. New Owner(s)/Claimant(s): 0~ VVl.-C l New owne s) as listed on the conveyance document Name connector C:~sf ?a..~~ Sb..tc-e_f --"'Vl1_c-=~-=--L( ___ _ 0 and D or 0 and/or A .3£o3e ID Mailing address City State ZIP Telephone Email 4. If the water rights and/or adjudication claims were split, how did the division occur? D The water rights or claims were divided as specifically identified in a deed, contract, or other conveyance document. D The water rights or claims were divided proportionately based on the portion of their place(s) of use acquired by the new owner. 5. Date you acquired the water rights and/or claims listed above: ----------------- 6. If the water right is leased to the Water Supply Bank changing ownership ofa water right will reassign to the new owner any Water Supply Bank leases associated with the water right. Payment of revenue generated from any rental of a leased water right requires a completed IRS Form W-9 for payment to be issued to an owner. A new owner for a water right under lease shall supply a W-9. Water rights with multiple owners must specify a designated lessor, using a completed Lessor Designation form. Beginning in the calendar year following an acknowledged change in water right ownership, compensation for any rental will go to the new owner(s). 7. This form must be signed and submitted with the following REQUIRED items: D A copy of the conveyance document -warranty deed, quitclaim deed, court decree, contract of sale, etc. The conveyance document must include a legal description of the property or description of the water right(s) if no land is conveyed. D Plat map, survey map or aerial photograph which clearly shows the place of use and point of diversion for each water right and/or claim listed above (if necessary to clarify division of water rights or complex property descriptions). D Filing fee (see instructions for further explanation): o $25 per undivided water right. o $I 00 per split water right. o No fee is required for pending adjudication claims. D If water right(s) are leased to the Water Supply Bank AND there are multiple owners, a Lessor Designation form is required. D If water right(s) are leased to the Water Supply Bank, the individual owner or designated lessor must complete, sign and submit an IRS Form W-9. 8. Signature: Signature of new owner/claimant Signature: Signature of new owner/claimant For IDWR Office Use Only: Receipted by ______ _ Active in the Water Supply Bank? Yes D No D NameonW-9 ___________ _ Title, if applicable Title, if applicable Receipt No.---------- If yes, forward to the State Office for processing Approved by Processed by ___ _ Date Date Receipt Amt.------ W-9 received? Yes D No D Date _______ _ ST A TE OF IDAHO DEPARTMENT OF WATER RESOURCES INSTRUCTIONS FOR FILING A NOTICE OF CHANGE IN WATER RIGHT OWNERSHIP This form has been prepared to assist all claimants and owners of water rights to comply with the requirements of Sections 42-248 and 42-1409(6), Idaho Code. All persons owning or claiming ownership of a water right or claim are required to provide notice to the Department of Water Resources (IDWR) of any change in ownership of any part of the water right or claim or of any change in the owner's mailing address within 120 days of the change. Forms to report ownership changes and/or to update an address are available on IDWR's website at. In addition, all new owners of water rights within a pending general adjudication area must inquire whether a notice of claim has been filed and, if not, shall file a notice of claim if necessary. A notice is required for changes in ownership from one individual to another, from an individual to a business entity (even ifthe business is owned by the individual), or from one business entity to another (even ifboth businesses are owned by the same individual). Adding or removing a name is considered an ownership change which requires the submission of evidence to support the change and the filing fee. Separate brochures describing the adjudication of water rights and the ownership change notice requirement are available from IDWR. Please contact your nearest IDWR office if you would like more information or need help completing this form. A list ofIDWR offices is on page 2 of these instructions, or you can call 1-800-451-4129. Water right information can be found on the department's website using the Water Right and Adjudication Search link at www.idwr.idaho.gov. Please note: • Unlike licensed or decreed water rights, which are real property, water right permits, applications for new water rights, and applications to transfer existing water rights are considered the personal property of the permit holders/applicants. Permit holders and applicants must assign their interest in a permit and/or application to the new owner. Assignment forms are available on the department's website at www.idwr.idaho.gov, or from any IDWR office. The fee for an assignment of permit is $25. There is no charge for an assignment of application for permit or application for transfer. • If you want to change or add a point of diversion, place of use, season of use, or purpose of use of a water right, you must file an Application for Transfer. The ownership of a water right can also be updated through the transfer process. • The combined portions of a divided ("splif') water right cannot exceed the total flow rate, volume, or period of use of the original right. • IDWR has no jurisdiction concerning easements, rights-of-way, and zoning matters. The buyer and seller must make these provisions where necessary. LINE INSTRUCTIONS: 1. If there are water rights associated with the property, the seller should be able to provide you with the water right or adjudication claim number(s). You may have purchased only a portion of the water right(s) held by the seller. Ifso, the water right(s) held by the seller may need to be divided ("splif') to provide you your share of each right. Mark the box "Yes" if a division of the water right is required. If you receive water from a municipal provider, an irrigation district or other water delivery organization, and the water rights are held by the organization, please do not use this form to record a change. Please contact the water delivery organization to determine if any action is necessary. If you or the seller believes there are water rights for the property but you do not know the numbers, you may contact IDWR for assistance in identifying the water rights for the property in question. If adjudication claims for the rights are required and have not been filed, IDWR will so advise you. 2. Fill in the name of the current water right holder/claimant. 3. Fill in each name as listed on the conveyance document and complete the current contact information. For water rights, IDWR will update the ownership to the individual(s)/entities listed on the conveyance document. For active adjudication claims, IDWR will update the claimant information to match the conveyance document unless the new claimant provides good cause for the variance. 4. You may have acquired only a portion of the water right(s) held by the seller. If you did not acquire the entire water right/property, please check the appropriate box. Water rights are often conveyed as an appurtenance to the land where they are used, and the conveyance document for the land often does not have specific language regarding the water right. Please read your deed or other conveyance document carefully to be sure. When the conveyance document does not specifically address water rights, it will be assumed that the water rights are to be split proportionate to the amount ofland acquired. Form 42-248/42-1409(6) Instructions Rev. 1115 5. Indicate the date the water rights and/or adjudication claims were conveyed to you. This may be the date of closing in the case of a real estate transaction, the date a contract was signed, or the date of a court order. 6. If you are unsure about the status of your water right in the Water Supply Bank, go to: www.idwr.idaho.gov/apps/ExtSearch/WSBSearch/WSBSearch.aspx, input your water right number and click "Search." If you find your water right is in the Water Supply Bank and you want to release it so you can use it, you can download the Request to Release form from the forms portion of our website: www.idwr.idaho.gov. Your water right may not be available for immediate release if rented by another water user. 7. ATTACHMENTS: IDWR cannot process this change without documentation of ownership. The documentation may be in the form of a deed, court decree or other conveyance document. If you are submitting a quitclaim deed and the grantor's name does not match the water right holder of record, you will need to provide a chain of title that goes back to the water right holder/claimant of record. You may obtain this information from the assessor's office in the county where the property is located. Items that are not conveyance documents are deeds of trust, mortgages, purchase and sales agreements, and property tax notices. Submit a plat map, survey map, or aerial photograph of the place of use for each water right or claim listed in item #1 (if necessary to clarify division of water rights or complex property descriptions). If your right(s) and/or adjudication claim(s) is for ten or more acres of irrigation, you must submit a USDA Farm Service Agency or equivalent aerial photograph with the irrigated acres outlined and point(s) of diversion clearly marked. You also have the option of printing a map using the map tool on IDWR's website at: www.idwr.idaho.gov. It is not necessary to obtain a new survey for purposes of this form before contacting IDWR. The Idaho Legislature has waived the fee to file a Notice of Change in Water Right Ownership for any water right pending in a general water right adjudication such as the Snake River Basin Adjudication or the Northern Idaho Adjudication. This waiver ends when a partial decree is issued for the water right that has been claimed. For water rights not pending in a general adjudication, the filing fee is $25 per water right, except for those water rights that will be divided as a result of the change in ownership. The filing fee for division of a water right is $100 per water right. If the water right is leased to the Water Supply Bank and there is more than one owner, a Lessor Designation form must be completed to specify who the designated lessor will be. Each of the owners must sign the Lessor Designation form. An IRS Form W-9 is required for all ownership changes pertaining to water rights leased to the Water Supply Bank. Refer to instructions in section 6 above to determine ifthe water right undergoing an ownership change is leased to the Water Supply Bank. An IRS W9 form can be downloaded from the Department's website: www.idwr.idaho.gov. 8. One of the new owner(s) must sign the form in the space(s) provided. If someone other than the owner signs the notice, evidence of authority to sign for the owner must be attached. If the new owner is a corporation or other organization, the person signing the notice must be an officer of the corporation or otherwise have authority to sign for the organization and must include their title with the signature. When you have completed the Notice of Change in Water Right Ownership, retain a copy and file the original form, necessary attachments, and filing fee with the IDWR office nearest you. Ownership changes for water rights leased to the Water Supply Bank should be sent to the State Office. IDWR Northern Region 7600 N Mineral Dr, Ste 100 Coeur d'Alene, ID 83815-7763 (208) 762-2800 IDWR Eastern Region 900 N Skyline Dr, Ste A Idaho Falls, ID 83402-1718 (208) 525-7161 -OR- IDWR State Office 322 East Front St, 6th Floor P.O. Box 83720 Boise, ID 83720-0098 (208) 287-4800 IDWR Western Region 2735 Airport Way Boise, ID 83705-5082 (208) 334-2190 IDWR Southern Region 650 Addison Ave W, Ste 500 Twin Falls, ID 83301-5858 (208) 736-3033 2