Agricultural Water Rights Due Diligence Review

A water rights due diligence review during a real estate transaction helps ensure there are sufficient water rights and water supply to support the intended land use.

Under the direction of the law firm Davis Wright Tremaine LLP, GSI conducted a water rights audit on behalf of a confidential agricultural client that was seeking to purchase more than 7,000 acres of irrigated farmland. GSI’s main role was to evaluate the status of more than 25 water rights for the use of groundwater, surface water, and conserved water identified by the seller, and to identify other water rights appurtenant to property being sold.

GSI evaluated the water rights using documentation provided by the seller, researching online water rights and condition compliance information available through the Oregon Water Resources Department, creating maps using a Google Earth image base layer, and developing a series of questions posed to the seller’s representatives. GSI’s final report included a detailed summary of the status and viability of each water right and water right-related recommendations for pre- and post-closing of the real estate transaction. 

Location

Umatilla Basin, Oregon

Services

  • Water rights consulting
  • Water rights due diligence for real estate transaction
  • Support for legal review of water rights issues
  • Mapping of water rights

GSI helped the buyer evaluate more than 25 water rights on 7,000 acres of irrigated farmland during real estate negotiations.