Water Transfers

Types & Forms
Summary Reports
Transfer Tracking Table

Types & Forms

Water Transfer Types and Transfer Forms

The Producers in the Mojave Basin Area who have been assigned a Base Annual Production right (BAP) in the Judgment have the option to transfer the BAP right or any portion thereof. There are basically two different categories of water transfers, Permanent and Temporary. A Permanent Transfer of BAP right assigns the right to produce the transferred amount of water from one Producer to another indefinitely. A Temporary Transfer assigns the right to use a specified amount of water either on a year-to-year basis or for one year only. Exhibits C through J of the Watermaster Rules and Regulations contain the forms needed to process the different types of water transfers with the Watermaster. Sections 12-14 of the Watermaster Rules and Regulations outline the documentation and procedures that must be followed to process all types of transfers with the Watermaster.

Permanent Transfer of Base Annual Production Right Form

File when a portion or all of a Producers BAP right is sold or transferred to another Producer on a permanent basis. The buyer must stipulate to the Judgment (Exhibit “F”) and assume all responsibility for reporting to the Watermaster the amount of water produced and for any past due and future assessments associated with use of the BAP right. The Transferor must complete form Exhibit “C” which must be accompanied by a Preliminary Title Report on the Transferor’s property and documentation providing notice to any lien holder shown on the Preliminary Title Report. The transfer should be filed with Watermaster at least forty five (45) days prior to a meeting at which the Watermaster will consider the requested transfer for filing.

Form

Request for Transfer of Base Annual Production Right After Foreclosure Form

File when a piece of real property that has a verified BAP right is foreclosed upon and purchased. The purchaser at foreclosure must file form Exhibit “G” with the Watermaster at least forty five (45) days prior to a meeting at which the Watermaster will consider the requested transfer for filing. The purchaser assumes responsibility for reporting to the Watermaster the amount of water produced and for any past due and future assessments associated with use of the BAP right.

Form

Request for Transfer of Base Annual Production Right After Accepting Deed in-Lieu of Foreclosure Form

File when a piece of real property that has a verified BAP right is deeded over to the lien holder in-lieu of foreclosure and subsequently purchased by a third party. The purchaser needs to file form Exhibit “H” with the Watermaster at least forty five (45) days prior to a meeting at which the Watermaster will consider the requested transfer for filing. The purchaser assumes responsibility for reporting to the Watermaster the amount of water produced and for any past due and future assessments associated with use of the BAP right.

Form

Temporary Assignment of Free Production Allowance Form

File when either Free Production Allowance (FPA) or Carryover FPA is being transferred from one Producer to another in any given Water Year, or for a multiple year lease term. Form Exhibit “D” must be filed with the Watermaster at least thirty (30) days prior to the meeting at which the Watermaster will consider the requested transfer for filing. If the Transferee is not a party to the Judgment, form Exhibit “F” must also be filed. If the lease term is for more than one year, a Preliminary Title Report on the Seller’s property must be submitted.

Form

Request for Assignment of Carryover Right in Lieu of Payment of Replacement Water Assessments Form

File when a Producer has a Replacement Water Obligation and wishes to transfer Carryover FPA from another Producer in lieu of paying the Replacement Water Assessment. Form Exhibit “I” must be filed with the Watermaster at least thirty (30) days prior to the regularly scheduled Watermaster meeting in May.

Form

Request for Assignment of Free Production Allowance In Lieu of Payment of Makeup Water Assessments Form

File when a Producer has a Makeup Water Obligation and wishes to transfer Free Production Allowance from another Producer in lieu of paying the Makeup Water Assessment. Form Exhibit “J” must be filed with the Watermaster at least thirty (30) days prior to the regularly scheduled Watermaster meeting in May.

Form

Designee to Receive Future Notices for and on Behalf of Defendant(s)

File when a Producer needs to change or update contact information for Watermaster notices:

Form

Stipulation for Intervention After Entry of Judgment

File with a Permanent Transfer to be added to the Mojave Basin Area Judgment:

Form

Note: All water transfers are subject to consumptive use adjustments pursuant to Exhibit F of the Judgment. No action will be taken on any transfer where either the transferor or the transferee has past due assessments owed the Watermaster.

Summary Reports