Groundwater Rights Warranty Deed
[For Use If Grantor Owns Both Groundwater and Surface Estate]
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. |
Real Property: [describe real property from which the groundwater will be obtained]
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Include the following if applicable. |
Personal Property: All personal property rights relating to the Groundwater, together with the following items of personal property and fixtures: [list items] [include if applicable: and all of Grantor’s right, title, and interest in the [permit title] Permit No. [number], issued and approved by [name of groundwater authority] on [date]].
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Continue with the following. |
Groundwater: All of the underground water, percolating water, artesian water, and any other water from any and all depths and reservoirs, formations, depths and horizons beneath the surface of the Real Property, excluding underflow or flow in a defined subterranean channel.
Groundwater Rights: (1) The Groundwater [include if applicable: save and except the Reserved Groundwater] and the right to test, explore for, drill for, develop, withdraw, capture, or otherwise beneficially use the Groundwater; (2) the right to use the surface of the Real Property for access to and to explore for, develop, treat, produce, and transport the Groundwater; and (3) all permits, licenses, or other governmental authorizations relating to any of the foregoing.
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If the conveyance includes personal property, include the defined term from clause 5-9-12. |
Reservations from Conveyance:
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Select as appropriate. |
None
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Or |
Grantor reserves the right to use the Groundwater in connection with its surface estate in the Real Property for the following purposes only: [state purposes for which the reserved groundwater may be used and any limit on the quantity of the reserved groundwater that the grantor may use including any limit on the number of wells that the grantor may drill or maintain].
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To create additional reservations of title, include the appropriate clauses from form 5-7. |
Exceptions to Conveyance and Warranty:
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State “None” or, to create exceptions to conveyance and warranty, include the appropriate clauses from form 5-8. |
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 Groundwater 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 Groundwater 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 [include if applicable: , except as to the Reservations from Conveyance and the 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. |