Water Transfer Types and Transfer Forms - Mojave Water Agency


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Water Transfer Types and Transfer Forms

The Producers in the Mojave Basin Area who have been assigned a Base Annual Production right (BAP) in the Judgment have the option to transfer the BAP  right or any portion thereof. There are basically two different categories of water transfers, Permanent and Temporary. A Permanent Transfer of BAP right assigns the right to produce the transferred amount of water from one Producer to another indefinitely.  A Temporary Transfer assigns the right to use a specified amount of water either on a year-to-year basis or for one year only. Exhibits C through J of the Watermaster Rules and Regulations contain the forms needed to process the different types of water  transfers with the Watermaster. Sections 12-14 of the Watermaster Rules and Regulations outline the documentation and procedures that must be followed to process all types of transfers with the Watermaster. 

For a summary of the transfers processed by Watermaster for each Water Year click here.

Permanant Transfer of Base Annual Production Right Form
File when a portion or all of a Producers BAP right is sold or transferred to another Producer on a permanent basis. The buyer must stipulate to the Judgment (Exhibit "F") and assume all responsibility  for reporting to the Watermaster the amount of water produced and for any past due and future assessments associated with use of the BAP right. The Transferor must complete form Exhibit "C" which must be accompanied by a Preliminary Title Report on the  Transferor’s property and documentation providing notice to any lien holder shown on the Preliminary Title Report. The transfer should be filed with Watermaster at least forty five (45) days prior to a meeting at which the Watermaster will consider  the requested transfer for filing.

Request for Transfer of Base Annual Production Right After Foreclosure Form
File when a piece of real property that has a verified BAP right is foreclosed upon and purchased. The purchaser at foreclosure must file form Exhibit "G" with the Watermaster  at least forty five (45) days prior to a meeting at which the Watermaster will consider the requested transfer for filing. The purchaser assumes responsibility for reporting to the Watermaster the amount of water produced and for any past due and future  assessments associated with use of the BAP right.

Request for Transfer of Base Annual Production Right After Accepting Deed in-Lieu of Foreclosure Form
File when a piece of real property that has a verified BAP right is deeded over to the lien holder in-lieu of foreclosure and subsequently purchased  by a third party. The purchaser needs to file form Exhibit "H" with the Watermaster at least forty five (45) days prior to a meeting at which the Watermaster will consider the requested transfer for filing. The purchaser assumes responsibility for reporting  to the Watermaster the amount of water produced and for any past due and future assessments associated with use of the BAP right.

Temporary Assignment of Free Production Allowance Form
File when either Free Production Allowance (FPA) or Carryover FPA is being transferred from one Producer to another in any given Water Year, or for a multiple year lease term. Form Exhibit "D"  must be filed with the Watermaster at least thirty (30) days prior to the meeting at which the Watermaster will consider the requested transfer for filing. If the Transferee is not a party to the Judgment, form Exhibit "F" must also be filed. If the lease  term is for more than one year, a Preliminary Title Report on the Seller’s property must be submitted.

Request for Assignment of Carryover Right In Lieu of Payment of Replacement Water Assessments Form
File when a Producer has a Replacement Water Obligation and wishes to transfer Carryover FPA from another Producer in lieu of paying the Replacement  Water Assessment. Form Exhibit "I" must be filed with the Watermaster at least thirty (30) days prior to the regularly scheduled Watermaster meeting in May.

Request for Assignment of Free Production Allowance In Lieu of Payment of Makeup Water Assessments Form
File when a Producer has a Makeup Water Obligation and wishes to transfer Free Production Allowance from another Producer in lieu of paying the  Makeup Water Assessment. Form Exhibit "J" must be filed with the Watermaster at least thirty (30) days prior to the regularly scheduled Watermaster meeting in May.

Note: All water transfers are subject to consumptive use adjustments pursuant to Exhibit F of the Judgment. No action will be taken on any transfer where either the transferor or the transferee has past due assessments owed the Watermaster.

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