In the event of any changes of ownership affecting the title
to a declaration, permit, license, or adjudicated water right, the new owner
shall file a change of ownership form with the state engineer. The new owner
shall file a separate change of ownership for each declaration, permit,
license, or adjudicated water right of record filed with the state engineer.
Upon acceptance by the state engineer for filing, the new owner shall record a
copy of the change of ownership form filed with the state engineer with the
clerk of the county in which the declaration, permit, license, or adjudicated
water right is located.
A. Form -
content: The new owner shall file a change of ownership in duplicate on a form
prescribed by the state engineer. A change of ownership shall include the
following information: the name of the owner of record, the name and address of
the new owner, the state engineer file number, the diversion amount, the
consumptive use amount, the purpose of use, the legal description of the place
of use, the priority date(s), and any other information the state engineer
deems necessary. The new owner shall sign each form before a notary. If a
change of ownership form lacks any of this information, it may be returned for
completion.
B. Filing fee: A fee of
$5 must accompany a change of ownership form.
C. Proof of ownership: The new owner shall
attach to the change of ownership form a copy of a warranty deed or other
instrument of conveyance that has been duly recorded with the clerk of the
county in which the declaration, permit, license, or adjudicated water right is
located. The warranty deed or other instrument of conveyance shall show the
ownership of the declaration, permit, license, or adjudicated water right in
the name of the new owner. The state engineer will not accept for filing a
change of ownership form that is not accompanied by a recorded instrument of
conveyance.
(1) Acceptable instruments of
conveyance for the purposes of this section include, but are not limited to,
warranty deeds, special warranty deeds, quitclaim deeds, personal
representative's deeds, special master's deeds, and tax deeds, where such
instruments unconditionally convey present title to the declaration, permit,
license, or adjudicated water right.
(2) Real estate installment sales contracts
or memoranda of such contracts, mortgages, instruments conveying security
interests, or other documents that do not on their face unconditionally convey
present title to the declaration, permit, license, or adjudicated water right
are not acceptable instruments of conveyance for the purposes of this
section.
D. Effect: A
change of ownership form filed with the state engineer notifies the state
engineer that a change in ownership has been effected by a legal instrument of
conveyance. Acceptance of a change of ownership form by the state engineer for
filing does not constitute approval by the state engineer of either the
validity of the conveyance or the validity of the right conveyed.
E. Appurtenance: Except as otherwise provided
by written contract between the owner of the land and the owner of a ditch,
reservoir, or other works for the storage or conveyance of water, all surface
waters appropriated for irrigation purposes are appurtenant to the land upon
which they are used by operation of Sections
72-1-2
and
72-5-23
NMSA. No irrigation water right appurtenant to the land irrigated shall be
assigned or conveyed apart from the land unless it is expressly severed from
the land in the manner provided by law.
