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WATER RIGHTS VALIDITY AUDIT

By

Dr. William M. Turner

WaterBank®
610 Gold Avenue, SW Suite 111
Albuquerque, New Mexico 87102

WestWater Resources dba WaterBank® deals in water projects, water, and water rights in New Mexico and nationwide.  A water rights is the legal right to divert, capture, and beneficially use water from the physical surface-water and/or ground-water supply. A water right has a number of characteristics.  They are: 1) date of first use or a priority date; 2) a place of use; 3) a purpose of use; 4) a point of diversion; 5) an amount of water; and, 6) ownership.  A valid water right requires continuity of use since water was first placed to use.  This may be a period of more than 300 years. 

 WaterBank® makes use of historical research, court decisions, aerial photography, old maps, assessor and tax records, affidavits, and other information.  In some cases extensive research into English, French, and Spanish feudal land tenure systems as applied in North America has been used.  Our in-house GIS system is used to prepare maps of the old watercourses of rivers.  Our GIS system is also valuable for preparing chains-of-title for oil and gas and mineral interests.

When a water right is offered for sale, the buyer is usually in a dilemma over the validity of a water rights.  Not only does WaterBank® broker the water rights as real property but we also conduct validation studies. If the water rights lack evidence of continual use, we will not offer them for sale. So that you may appreciate the validation study, we are providing a link to validation study we have done. Click here.

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