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Chapter 16
Practice Notes
Forms
§ 16.1 Introduction
§ 16.2 Groundwater
§ 16.3 Practical Considerations for Conveying Groundwater Rights
§ 16.4 Surface Water
§ 16.5 General Types of Surface Water Rights
§ 16.6 Water Rights Adjudication and Administration
§ 16.7 Obtaining Surface Water Rights
§ 16.8 Practical Considerations for Conveying Surface Water Rights
§ 16.11 Sale of Groundwater Rights in Place for On-Site Production
§ 16.12 Groundwater Rights Sales Contract, Deed, Easement, and Related Forms; Place for Recordation
§ 16.13 General Considerations
§ 16.14 Special Surface Use Considerations
§ 16.15 Groundwater Rights Sales Contract
§ 16.16 Introductory Paragraph: Offer and Acceptance
§ 16.17 Defined Terms
§ 16.18 Deadlines
§ 16.19 Closing Documents
§ 16.20 Investment of Earnest Money
§ 16.21 Title and Survey
§ 16.22 Inspection Period
§ 16.23 Representations and Warranties
§ 16.24 Condition of Property until Closing; Cooperation; No Recording
§ 16.25 Termination
§ 16.26 Closing
§ 16.27 Default and Remedies
§ 16.28 Assignment
§ 16.29 Closing Functions
§ 16.30 Additional Considerations
§ 16.41 Sale of Permitted Groundwater Rights for Production Off-Site
§ 16.42 Groundwater Rights Sales Contract, Deed, and Related Forms; Place for Recordation
§ 16.43 General Considerations
§ 16.44 Introductory Paragraph: Offer and Acceptance
§ 16.45 Defined Terms
§ 16.46 Deadlines
§ 16.47 Closing Documents
§ 16.48 Investment of Earnest Money
§ 16.49 Title
§ 16.50 Inspection Period
§ 16.51 Representations and Warranties
§ 16.52 Condition of Property until Closing; Cooperation; No Recording
§ 16.53 Termination
§ 16.54 Closing
§ 16.55 Default and Remedies
§ 16.56 Assignment
§ 16.57 Closing Functions
§ 16.58 Additional Considerations
§ 16.61 Sale of Surface Water Rights
§ 16.62 Surface Water Rights Sales Contract and Related Forms; Place for Recordation
§ 16.63 General Considerations
§ 16.64 Surface Water Rights Sales Contract
§ 16.65 Introductory Paragraph: Offer and Acceptance
§ 16.66 Defined Terms
§ 16.67 Deadlines
§ 16.68 Closing Documents
§ 16.69 Investment of Earnest Money
§ 16.70 Title
§ 16.71 Inspection Period
§ 16.72 Representations and Warranties
§ 16.73 Conveyance of Water Rights—Conditional; Application for Approval; Cooperation; Condition of Water Rights until Final Closing; Memorandum/No Recording of Contract
§ 16.74 Conditions of Contract and Termination
§ 16.75 Final Closing
§ 16.76 Default and Remedies
§ 16.77 Assignment
§ 16.78 Closing Functions
§ 16.79 Additional Considerations
§ 16.81 General Considerations
§ 16.90 Additional Resources
16-1 Groundwater Rights Sales Contract [For Sale of Groundwater Rights in Place for On-Site Production If Seller Owns Groundwater and Surface Estate]
16-2 Groundwater Rights Warranty Deed [For Use If Grantor Owns Both Groundwater and Surface Estate]
16-3 Blanket Easement Agreement for Groundwater Rights [For Use with Groundwater Rights Warranty Deed (On Site)]
16-4 Easement Location Addendum
16-5 Surface Damage Payment Addendum
16-6 Surface Use Restrictions Addendum
16-7 Lienholder Consent and Subordination to Easement Agreement
16-8 Partial Release of Lien [Water Rights On-Site Production]
16-9 Groundwater Rights Sales Contract [For Sale of Permitted Groundwater Rights for Off-Site Production]
16-10 Groundwater Rights Warranty Deed [For Sale of Permitted Groundwater Rights for Off-Site Production]
16-11 Partial Release of Lien [Water Rights Off-Site Production]
16-12 Permit Transfer Request
16-13 Affidavit of Debts and Liens [and Indemnity]
16-14 Assignment and Assumption of Lease [Water Rights]
16-15 Lessee Estoppel Certificate [Water Rights]
16-16 Memorandum of Contract
16-17 Notice of Termination of Contract [Water Rights]
16-18 Surface Water Rights Sales Contract Permit/Certificate of Adjudication No[s].
16-19 Surface Water Rights Conveyance—Conditional Permit/Certificate of Adjudication No[s].
16-20 Surface Water Rights Conveyance—Unconditional Permit/Certificate of Adjudication No[s].
16-21 Deed of Trust and Security Agreement [Water Rights]
16-22 Security Agreement [Water Rights]
16-23 Memorandum of Groundwater Loan [For Use with Edwards Aquifer Authority]
16-24 Notice of Lender’s Interest in Water Rights and Permit
16-25 Permittee’s Instruction Letter to Water Authority
16-26 [Name of district] Groundwater Conservation District Application of [name of applicant] for Transfer of Ownership of Wells and Operating [and Transport] Permits Owned by [name of permittee]
Form16-20
16 Water Rights Conveyancing Documents
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