Surface Water Rights Conveyance—Unconditional
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 sold and conveyed to Grantee include [all/[describe portion]] of the Grantor’s Current Year Water Allocation.
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Continue with the following. |
Severed Property (property from which surface water rights are severed in this conveyance): [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. |
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Include the following if the TCEQ has approved the transfer and an amendment changing the place of use with respect to irrigation water rights. |
Appurtenant Property (property to which Water Rights attach in this conveyance): [include legal description]
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Continue with the following. |
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]
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Include the following if water rights are irrigation rights appurtenant to land and the land to which the water rights are appurtenant before the conveyance is not also being conveyed to the grantee. |
Grantor does hereby expressly sever the Water Rights here conveyed from the Severed Appurtenant Property.
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Continue with the following. |
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. |
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. |