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poses. If the purchaser intends to make the same use of the wa- <br />ter right in the same place, no problem should arise. However, <br />if the purchaser wants to change any aspect of the water right's <br />use, court approval of the change must be obtained. Evaluation <br />of a water right for the purpose of changing its use is a most <br />difficult problem. It requires an assessment of whether the <br />change of water right to suit the purchaser's need can be legally <br />and physically accomplished. To determine this legal and engi- <br />neering advice (expert conjecture) should be obtained. This ad- <br />vice should be sought in advance of any purchase and no purchase <br />should be consummated without it. <br />Assuming that the water right is to be sold, it must be conveyed <br />with the same formalities as real property, e.g., by deed.122/ <br />The purchaser will always want a warranty deed. When buying wa- <br />ter rights for a state agency, attempt to require a warranty deed <br />and an acceptable title opinion. If a warranty deed is not <br />available, demand a special warranty deed and acceptable title <br />opinion. A quit claim deed should only be accepted as a last re- <br />sort and then only at a very favorable price for the water right. <br />If any title clearing needs to be done make that an obligation of <br />the seller prior to conveyance. (When selling a water right, you <br />obviously would want to do the converse of the above to the ex- <br />tent possible.) <br />A proper contract for purchase of a water right is also essen- <br />tial, especially where a change of water right is contemplated. <br />In such situations, it is best not to buy the water right out- <br />right. Rather, the contract should base payment on the amount of <br />water that is successfully changed in a water court proceeding. <br />In addition, the seller should be required to be a co-applicant <br />and fully cooperate with the buyer in prosecution of the water <br />court action. If the purchaser is unable to change the water <br />right to fit his needs, then the contract should become null and <br />void. <br />In drafting conveyances and contracts for the sale of water <br />rights, one area merits exceptional caution. That area is the <br />description of the water right. Colorado adheres to the rule of <br />expressio unis est exlusio alterious. For example, a deed pur- <br />ported to convey <br />any and all water rights, water, ditches, <br />reservoirs and water easements and profits <br />thereunto belonging or in any wise apper- <br />taining which are now or here after may be <br />used on said premises, the together with <br />all shares of shares of stock or shares of <br />-28-