Buyer Tips
Tips for Buying a Utah Water Right
1. Start with Your Purpose
Clearly define how and where you intend to use the water:
- Irrigation? Domestic? Stock Watering? Commercial?
- Will you use it on property you already own, or somewhere new?
- Do you need seasonal or year-round use?
Your intended use and location determine what kind of water right you’ll need—and what can legally transfer.
2. Know That Water Rights Are Not One-Size-Fits-All
Every water right is unique. Consider:
- Priority date (older = more secure in times of scarcity)
- Type of use (must match or be changeable for your needs)
- Point of diversion and place of use
- Source (surface water, groundwater, spring, etc.)
What works for one buyer won’t necessarily work for another.
3. Check Availability Early
In many areas, especially in southern Utah, water rights are scarce. You may need:
- Flexibility on location or source
- Help contacting off-market owners
- Patience—the correct water right might take time to find
4. Get Professional Help
Navigating the legal, administrative, and hydrologic complexities of Utah water rights is not a DIY job. Work with:
- A REALTOR who specializes in water right transactions
- A water rights consultant or attorney (especially for complex transfers)
They’ll help evaluate availability, transferability, and risks.
5. Thoroughly Vet the Water Right
Before making an offer:
- Confirm the right is valid, usable, and in good standing
- Check for forfeiture risks due to non-use
- Review records with the Utah Division of Water Rights
- Ensure there are no encumbrances or unresolved change applications
A “clean” water right saves time, money, and legal trouble.
6. Confirm It Can Transfer to Your Location
Not all water rights can be moved or changed easily. You’ll need to consider:
- Hydrologic constraints
- Policy decisions from the State Engineer
- Protests from other water users
An expert can help you assess the likelihood of a successful change application.
7. Consider a Delayed Closing
If your use depends on Division of Water Rights approval, consider negotiating:
- A delayed closing until final approval is granted
- A contingency clause protecting your earnest money
This helps minimize risk if approval is denied or delayed.
8. Have a Long-Term Mindset
Water rights are valuable but complex assets. Make sure your purchase:
- Fits your long-term land or agricultural plans
- Is administratively and legally secure
- Is being properly maintained for continued use
Seller Tips
Tips for Selling a Utah Water Right
1. Understand What You Own
Before listing, get a clear understanding of the details of your water right:
- Priority date
- Quantity (flow rate or volume)
- Source and point of diversion
- Type of use (irrigation, domestic, stock watering, etc.)
- Place of use
- Status of ownership (title)
Even small discrepancies can affect value and transferability.
2. Verify Its Status with the Division of Water Rights
Work with a professional to check the water right’s current standing:- Is it valid and in good standing?
- Is there a lapse in use?
- Are all changes properly recorded?
3. Be Realistic About Pricing
Unlike traditional real estate, pricing a water right depends on:- Location-specific demand
- Intended use by the buyer
- Seasonal or regional scarcity
- Comparable sales (which are harder to find and less public)
4. Know Your Market
Water rights are hyper-local. The value and viability of a water right often depend on:- Whether it can be transferred to the buyer’s intended location
- The type of use the buyer needs (irrigation, municipal, etc.)
- The hydrologic and administrative conditions in the area
5. List in the Right Places
Maximize exposure by listing where the right buyers look:- Washington & Iron Counties MLS (other counties MLS do not list water rights)
- Utah Breaking News, Top Stories & Sports | World, US, Local
- Ranches, Farms, and Land for Sale Near Me – Land.com
- Zillow
- Local publications
6. Expect a Longer Timeline
Water right sales can take more time than a traditional real estate sale. Delays often come from:- Investigating the right
- Matching with a viable buyer
- Waiting for approval from the Division of Water Rights
7. Use a Specialist
Because of the legal and technical nature of water rights, it’s smart to work with:- A REALTOR familiar with water rights
- A water rights attorney (in some cases)
- A certified water rights consultant, when needed