By Laura SchroederÂÂ
After Ft Vannoy, permits or appurtenant water right certificates inside irrigation districts or organization are subject to third party determinations. Both landowners and irrigation districts/organizations should take action now to determine their own fates as to those permitted uses and water rights diverted, delivered, and/or in the name of the district or organization.
From the perspective of the landowner, SLO suggests that the landowner insist on a water delivery contract from the irrigation district/organization that allows the landowner the most control possible to lease, amend, transfer, or sell the permitted use or water right without irrigation district/organization intervention. SLO can work with landowners to create a form of appropriate water delivery contract for this purpose and negotiate with the district organization for its execution.
From the perspective of the irrigation district/organization, this is the appropriate time for the irrigation district/organization to update its bylaws and rules and regulations. The bylaws, rule and regulations should set out clearly a process to put the landowner/water right holder’ rights on notice of the rights and responsibilities between the parties as to water use leases, amendments, transfers, or sales for those water rights diverted, delivered, and in the name of the irrigation district/organization. SLO can work with the irrigation districts/organizations to provide the necessary legal documents and guide the irrigation districts/organizations under the statutes applicable for the adoption of bylaws, rules and regulations for this purpose.
