Yes, this is to prevent forgery and to ensure that all signatures are official. If an application does not have an original signature it will be returned to the sender.

1. An application to convey an exempt small right can be submitted, but a certificate will not be mailed. Annual reporting is not required. 

2. If the right is filed concurrently with an extinguishment application it can also be conveyed.

3. A part of a larger farming unit.

An exempt small right is an Irrigation Grandfathered Right that is 10 Irrigated Acres or less, it is not part of an integrated farming operation and may not withdraw groundwater for use on a Type 1 Non-Irrigation grandfathered right or another Irrigation Grandfathered Right with more than 10 irrigated acres. Annual reporting is not required.

Every person listed on the certificate and the deed must sign the application form. If the certificate shows the name of a trust, all beneficiaries to the trust and trustee must sign.

A copy of the original certificate can be found on ADWR’s Imaged Records page, along with all documentation pertaining to the right. An official original certificate can be sent, but a new application must be submitted along with the $500 fee and a new groundwater right extension will be given

No, all applications must be mailed to the Department because we need original signatures and notarized statements.

1. If you are selling a Type 2 Non-Irrigation Water Right and you know the right will be sold again in the near future you should submit both applications together. Both applications can use the same current right number as long as they are submitted together. Each application will cost $500 for a total of $1,000. For example: 

   1. Application 1 right number 58-XXXXXX.0001: Company A to Company B  

   2. Application 2 right number 58-XXXXXX.0001: Company B to Company C

Only Type 2 Non-Irrigation conveyances require an original certificate. Since these rights are not tied to the land the certificate is the only way to determine ownership. If the original certificate is lost, a notarized statement indicating the original certificate has been lost can be submitted.

The $500 fee for a conveyance covers any change of well ownership applications if they are submitted together.

1. In addition to the $500 filing fee adding a change in point of withdrawal is $250 totalling $750

2. Type 2 lease does not need payment unless it is filed alongside a point of withdrawal thus the fee will be $250.

3. Type 2 wells do not transfer over with a full conveyance, if you are keeping wells they should be listed on the application. (45-482)

1. A Type 1 can only be converted back to an IGFR if the land has been completely cleared of any development and can be irrigated again.
2. Pursuant to 45-469 Subsection O, 1 - 5

No, well ownership is decided between the seller and buyer.

The responsible party is the owner of the right as of December of the year being reported (e.g., owner as of December 2016 will submit the report for 2016 water use).

Groundwater Rights are located inside Active Management Areas and Irrigation Non-Expansion Areas. If you are seeking information concerning water rights outside of these areas contact either Surface water at 602-711-8621, Adjudications at 602-771-8621 or your local water provider. To determine if you are inside of an AMA or INA, you can view a map here 

A well number (55-) is a registration number given to the well so that ADWR can easily identify the ownership, location, pump capacity, and nature of use, among other characteristics. A water right or permit (56-, 57-, 58-, 59-, 74-)authorizes the user to withdraw water from a non-exempt well (those pumping over 35 gallons per minute) legally in an Active Management Area or Irrigation Non-Expansion Area.  Withdrawals from non-exempt wells generally must be associated with the appropriate type of groundwater right or withdrawal authority. Pumpage from non-exempt wells must be reported annually.

The buyer is responsible for submitting all change of Ownership forms

Non-appurtenant land is land within the property lines of a property that has been issued an Irrigation Grandfathered Right, which was not irrigated between the years of 1975-1980. This land is not legally allowed to be irrigated.