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Ingrid is a licensed salesperson helping her client purchase a 320-acre irrigated farm in McKenzie County, North Dakota. During due diligence, Ingrid discovers that the seller holds a water appropriation permit but has not used the permitted water for the past six consecutive years. The buyer wants to rely on the full permitted water volume for crop irrigation. Which of the following best describes the risk Ingrid should communicate to her buyer client?

Correct Answer

B) The permit may be subject to cancellation or forfeiture due to non-use, potentially reducing the water available to the buyer after closing

Under North Dakota water law, an appropriation permit can be subject to cancellation or forfeiture if the water has not been put to beneficial use for an extended period. North Dakota law provides that the State Water Commission may cancel a permit for abandonment or non-use. Six years of non-use creates a significant risk that the permit could be challenged or cancelled, meaning the buyer might not be able to rely on the full permitted volume after purchase. Ingrid, as a buyer's agent, has a fiduciary duty to disclose this material risk so the buyer can conduct appropriate due diligence, including consulting with a water rights attorney before closing.

Answer Options
A
There is no risk because water appropriation permits in North Dakota are permanent once issued and cannot be lost due to non-use
B
The permit may be subject to cancellation or forfeiture due to non-use, potentially reducing the water available to the buyer after closing
C
The buyer automatically receives a new appropriation permit at closing because the land transfer resets the non-use period to zero
D
Non-use of a water permit is only relevant if a neighboring landowner files a formal complaint with the State Water Commission

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Related Topics & Key Terms

Key Terms:

water_rightsprior_appropriationnon_use_forfeiturebuyers_agentfiduciary_dutyagricultural_land

Related Concepts

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

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