Water Transfers

Water Transfers

Groundwater Transfer Authorization District Groundwater Management Area Rules and Regulations (Rule 5, Chapter 11) require that anyone who wants to transfer groundwater from a well in one section of land to another section must apply for and receive a Transfer Authorization from the district. Agricultural Transfers (Irrigation) The following restrictions apply to groundwater transfers started after August 1, 2007:

  • An agricultural user, as defined in Rule 5, Chapter 4 ¶16.01, shall only be allowed to initiate a new ground water transfer to a destination tract that is directly adjacent or diagonal to the tract of land on which the ground water withdrawal originates.
  • The acres in the destination tract, to which ground water is transferred, is limited to an amount less than or equal to the total number of acres in the source tract.
  • The maximum transfer to a destination tract shall not exceed one-hundred and sixty (160) acres.
  • New groundwater irrigation transfers in high risk groundwater areas will not be permitted.

Municipal and Other Transfers

  • A municipal user or other user, as defined in Chapter 4 ¶16.02 and ¶16.03, shall only be allowed to initiate new ground water transfers to a government survey section that is directly adjacent or diagonal to the tract of land on which the ground water withdrawal originates.
  • Transfers proposing to withdraw more than two hundred and fifty (250) acre feet annually shall conduct a hydrologic evaluation as provided in Ch. 5, ¶05.

Transfer Exemptions

The following types of groundwater transfers do not require district authorization:

  • Ground water transfers authorized by the Municipal Rural Domestic Ground Water Transfers Permit Act
  • Transfers of ground water that were started prior to August 1, 2007
  • Ground water transfers within the same government survey section 
  • Municipal ground water transfers within the municipality’s corporate limits

Groundwater Transfer Applications

An application for a groundwater transfer authorization may be accessed online or by contacting the district. The application must be accompanied by an $50 filing fee and a completed United States Citizenship Attestation Form.