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A Wyoming real estate licensee is advising a buyer purchasing agricultural land with an appurtenant irrigation water right. The licensee correctly explains several aspects of Wyoming water law. Which of the following statements about Wyoming water rights is NOT accurate?

Correct Answer

D) Water rights are automatically included in any deed conveying Wyoming real property and require no separate conveyance

Option C is NOT accurate. Water rights in Wyoming are a separate property interest and do NOT automatically transfer with a deed conveying real property. They must be specifically and expressly conveyed — either in the purchase agreement, a separate water rights deed, or by assignment. This is one of the most heavily tested and commonly misunderstood aspects of Wyoming water law. A buyer who receives a deed without an express conveyance of the water right may find that the seller retains the water right after closing.

Answer Options
A
Buyers should conduct due diligence on water rights with the Wyoming State Engineer's Office before closing
B
Water rights in Wyoming are administered by the Wyoming State Engineer's Office
C
A water right can be lost through abandonment if the owner fails to use it with intent to abandon
D
Water rights are automatically included in any deed conveying Wyoming real property and require no separate conveyance

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Related Topics & Key Terms

Key Terms:

water_rightsprior_appropriationreverse_questionconveyancestate_engineerabandonment

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