HOA Water Rights

HOA Water Rights

Background

My wife and I purchased Lot #21 in 2017.  During the process, I cannot recall the realtor in Jackson Hole disclosing we had appropriation rights to any surface water in the area.  I therefore assumed all water access would be via wells.  In chatting with future neighbors, the water rights subject came up.  Mike Myers sent me a copy of a map published by Scherbel Surveyors in 2012.  I found his copy unreadable since it was a scan of a scanned copy.  I decided to do my own research.

I started at the Lincoln County Offices where they directed me to the Wyoming State Engineer’s Office.  From there, I was referred to the State Water Control Board, Surface Water Division.   Laretta Hull assisted by sending me all the currently scanned documentation regarding ditches in and near the River Ranches Development; and directing me to a self-service website where the documentation is and will become available.

Purpose

There are 2 purposes to this web post:
  1. To inform all members of the HOA they do have water rights to one or more ditches in and around the River Ranches Development.
  2. To provide a discussion forum to communicate ideas and levels of interest in accessing the water.
I posted documents including some of the original permits, Scherbel Surveyors illustration showing each lot’s appropriation, to include the ditch and permit numbers granting the appropriation rights.  Also included is a petition partially abandoning rights due roads taking up a portion of the acreage. At the bottom of the page is a place to post comments.  I’m sure there are others who are not aware of their rights, and once are informed may want to discuss accessing water.  The main issue is the lack of infrastructure.  Some of the existing pipes are old and may be in poor repair.  Some pipelines illustrated in the Scherbel diagram do not exist.  I created a forum where lot owners can express ideas and comments in an informative and respectful manner.  More on that below.

Disclaimer

The Board of Directors has graciously allowed me to post the content below for informational purposes only.  The views and opinions expressed on this site are those of the authors and do not necessarily reflect the official policy or position of the Fishing and Equestrian Estates HOA, its Board of Directors, committee members, or other officials.  The content on this page does not obligate those previously mentioned to commit any resources or enter any legal contracts.

Findings

Below is the current water rights map and legend for the Riverranches HOA.  The legend in the upper right states each lot’s acreage,  appropriation in cubic feet per second (cfs), and source ditch. To access and download the map, click here
Other documents obtained include: I included the petition as a reference source for calculating my appropriation amount in gallons per minute (gpm). Based on paragraph 3, my calculations are:
  • .06 cfs / 4.23 acres ~ .014 cfs / acre
  • 448.83 gpm / cfs x .014 cfs ~ 6.28 gpm
  • 6.28 x 9.19 acres per the legend ~ 57.7 gpm

Conclusion

When we purchased the property in 2017, we were not made aware of any potential water rights to ditches in or around the development. After some discussion with future neighbors, I contacted the county, then the state water control board and obtained artifacts outlining our rights to the Enlarged Baker and Heap ditch via permit 1854, dated 1906. To inform other lot owners, I posted the survey map outlining the the lot, acreage, permit, appropriation amount, and ditch where water may be accessed.

Discussion

At the end of this post, you are invited to leave a comment. I would like the comments to center around the level of interest you may have in further exploring possibilities for laying infrastructure to access your water rights. As an 11 year veteran who served in the United States Air Force as a Meteorologist supporting Air Force and Army flight operations, I may not agree with what you say, but fought for your right to say it. On the other hand, as the moderator, I reserve the right to remove any comments I deem inappropriate, off topic, or contain personal attacks. I will immediately remove a comment at the request of any member of the Board. Thanks –Ray