Surface Water Rights Conveyance—Conditional
Permit/Certificate of Adjudication No[s].
Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.
Date:
Grantor:
Grantor’s Mailing Address:
Grantee:
Grantee’s Mailing Address:
Consideration:
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See form 5-6 in this manual for consideration clauses. |
Water Rights: [include appropriate description[s], which may be found in the subject permit[s], and certificate[s] of adjudication. It is advisable to attach a copy or copies of the applicable permit[s] or certificate[s] of adjudication as an exhibit.]
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Include the following if the water rights are within the Rio Grande and are allocated on an account basis. |
Grantor’s Current Year Water Allocation: The amount of water allocated to Grantor by the Rio Grande Watermaster for the year beginning January 1, [year], and ending December 31, [year], as more fully described in the TCEQ Rio Grande Water Division Monthly Report statements for the applicable period. The Grantor’s Water Rights being conveyed to Grantee include [all/[describe portion]] of the Grantor’s Current Year Water Allocation.
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Continue with the following. |
Severed Appurtenant Property (property from which surface water rights are severed in this conveyance upon satisfaction of Condition): [include legal description or state “None” as applicable]
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A description of the land to which the water rights are appurtenant and from which they are being severed in the conveyance assists title examination of the land and any appurtenant water rights. With respect to irrigation rights involving a change in the place of use, the water rights will become appurtenant to other land; however, that other land is not to be described in this conditional conveyance to avoid confusion and is unnecessary if the TCEQ does not approve the transaction or the change in place of use. |
Reservations from Conveyance: [state “None” or describe any reservations from conveyance in this instrument; see form 5-7 for examples]
Exceptions to Conveyance and Warranty: [state “None” or describe any exceptions to conveyance and warranty in this instrument; see form 5-8 for examples]
Condition: Approval by the Texas Commission on Environmental Quality (TCEQ) [include if applicable: and [other water [authority/authorities]] of the change of [include as applicable: [ownership/place of use/purpose of use/point of diversion] of the Water Rights]].
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Include the following if water rights are irrigation rights appurtenant to land and the land is not also being conveyed by the grantor. |
Grantor does hereby expressly sever the Water Rights here conveyed from the Severed Appurtenant Property on satisfaction of the Condition.
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Continue with the following. |
Subject to the Condition, Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Water Rights, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee’s heirs, successors, and assigns forever. Grantor binds Grantor and Grantor’s heirs and successors to warrant and forever defend all and singular the Water Rights to Grantee and Grantee’s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from and Exceptions to Conveyance and Warranty.
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If the conveyance includes personal property, include clause 5-9-13. If appropriate, include additional clauses like those suggested in form 5-9. |
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Include the following if applicable. |
The parties agree that once the TCEQ [include if applicable: and [other water [authority/authorities]]] approve[s] the transfer, and Grantee pays any remaining consideration for the transfer, in accordance with the terms of the contract between Grantor and Grantee, this conveyance will become absolute. Grantor hereby authorizes the Texas Commission on Environmental Quality, or its successor, and any such other governmental body or authority that has jurisdiction over the Water Rights (“Water Authority”) to make such changes in the records as are necessary to accomplish the conveyance and transfer of the Water Rights. Grantor agrees to execute such other instruments as shall be necessary and required by the TCEQ and other Water Authority.
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Continue with the following. |
When the context requires, singular nouns and pronouns include the plural.
[Name of grantor]
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If the deed imposes contractual obligations on the grantee, include the following signature line. |
[Name of grantee]
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Include acknowledgments. |