If selling property, do you give up water rights to the new owners, or should you retain water rights? I am confused on this.
Please help
Rosemary:
I am thinking that if you sell the surface rights, the water rights are included in the transaction. The seller usually retains all or a portion of the mineral rights (if owned). I am not an expert on water rights but this is my thinking. Maybe someone else can add more to this but this is my opinion.
The laws and water rights in each state vary significantly. Which state are you questioning?
Everything is negotiable.
In Texas ... this would be a landowner's personal decision. Water is a surface substance and not included with the "mineral estate." So, unless you reserve this particular surface right, all the water rights will stay with the new owner.
http://recenter.tamu.edu/pdf/1534.pdf
Good luck.
Pat