How do water rights transfer?
In the District of Columbia, water rights are transferred in accordance with the District of Columbia Water Rights Act of 1984. This act states that any person, government or other entity may acquire or transfer water rights for use or non-use in the District. Generally, a transfer of water rights requires that a transfer agreement between the parties be developed and filed with the Water Resources Administration. The agreement should specify the water source, the amount of water being transferred, and how the water will be used. It should also specify the duration of the transfer and how, and by whom, the water shall be monitored to ensure it is used in compliance with the transfer agreement. The transfer agreement must be approved by the Water Resources Administration. Once approved, the agreement is registered with the Land Records Division of the District of Columbia and the water rights are officially transferred to the transferee. The District of Columbia Water Rights Act also requires that each transfer be accompanied by an environmental impact report. The report should provide information about the transfer, including the amount of water being transferred, the required use of the water, and potential impacts on the aquatic environment. After a transfer is completed, the water rights remain the responsibility of the transferee. The transferee is responsible for any damages incurred due to the transfer. Therefore, it is important that all parties involved in the transfer understand their rights and obligations regarding the transfer before the agreement is finalized.
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