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CAN I SELL OR LEASE A WATER RIGHT?

Seek guidance. Consult agency or attorney.

If you are interested in selling, leasing, or transferring water rights, contact the Gila Water Commissioner or the canal company that monitors and delivers Gila River water to your property. As a general rule, leasing is not an option because water rights are tied to the land parcel. In addition, an appropriator cannot transfer or change a water right in a way that injures another appropriator on the stream, regardless of whether the other appropriator is junior or senior to the one seeking to make the transfer or exchange. Typically, as long as the water is used for a beneficial purpose, like irrigating a “crop of value”, transfers to adjacent properties are possible with an agreement amongst all affected parties. Although rights are transferable, transfers do not allow for increases in the volume of water allocated or the area under irrigation from the previous land owner agreement.

Unfortunately, water transfer decrees can be expensive, given the need for applications, lawyers, and filings. For more detailed instruction about selling, leasing, or transferring water rights, contact your canal company or the Gila Water Commissioner. 

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