| (a) The owner of a water right may convey his water right as
provided by §297.81 of this title (relating to General Rules of Conveyance)
and §297.82 of this title (relating to Duty to Inform Executive Director),
after all outstanding fees, penalties, and interest, if any, as provided by §303.71
and §303.73 of this title (relating to Costs of Administration; and Assessment
of Costs) are paid. The purpose and place of use shall not be changed without
authorization from the commission. Owners of water rights shall promptly inform
both the executive director and the watermaster of any transfers of water
rights. The new owner must file with the executive director all required documents
as identified in §297.83 of this title (relating to Recording Conveyances
of Water Rights).
(b) If a tract of land to which a smaller water right acreage
is appurtenant is owned by more than one person in divided interests, a water
right partition agreement is required among all the owners of said tract of
land before any one of the owners can be authorized by the watermaster to
divert water. However, if the owners fail to submit a water right partition
agreement within one month after being notified by the executive director
that such an agreement is needed, the executive director shall administratively
divide the water rights among the owners on a prorata basis by acreage. The
owners involved may request that the executive director grant an extension
of the one-month deadline, not to exceed six months, if extenuating circumstances
exist. If the executive director does not grant the extension, the division
will be made on a prorata basis. The executive director will recognize the
prorata shares until changes are made by valid partition agreement.
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