RESOURCES FOR LAND TRUSTS

• Water Rights Due Diligence Checklist

• Checklist of Water Rights Provisions in Deed of Conservation Easement

• Closing/Post-Closing Considerations

• Federal Income Tax Deduction Checklist

• State Income Tax Deduction Checklist

• Water Rights Stewardship Checklist

• Conservation Easements Encumbering Water Rights Memo (pdf)

• Model Language (word document)

Technical Assistance | Water Rights Handbook | Resources for Land Trusts

Resources for Land Trusts

The Water Trust has prepared technical documents to assist the land trust community with land conservation efforts that involve water.  The intent is to provide land trusts with the best possible tools to realize water-related conservation benefits.  The following are some of the resources available from the Water Trust:

Model Conservation Easement Language. The Water Trust has adopted model language to include in conservation easements where water is essential to the preservation of the conservation values protected by an easement.  Click here to obtain a Microsoft Word downloadable version of CWT’s model language.

Tax Opinion. CWT’s legal committee has determined that the donation of a conservation easement that encumbers a water right may meet the requirement of the Internal Revenue Code and Treasury regulations for a charitable contribution.  Click here to see a copy of the legal committee’s opinion.

Checklists. CWT has prepared a number of checklists to assist in water rights issues in land conservation.  For additional information or to schedule a consultation with the Water Trust, contact our Executive Director.  CWT will be happy to work through water use issues with you, even if it means a site-visit is required.

• Water Rights Due Diligence Checklist. This checklist addresses the water rights ownership issues that a conservation organization should investigate prior to closing (Please note, however, that this checklist pertains only to ownership issues.) Click here to obtain a copy.
• Checklist for Conservation Easement Deed Drafting. This checklist provides for an array of circumstances where continued use of the water rights are is necessary to preserve the conservation values.  Click here to obtain a copy.
• Closing and Post-closing Considerations Checklist. This checklist addresses recordation and notice, and makes a recommendation regarding water rights stewardship for conservation organization endowments.  Click here to obtain a copy.
• Stewardship Checklist.  Stewardship is a critical aspect of maintaining the integrity of land encumbered by a conservation easement.  This checklist addresses what the conservation organization should review if water rights are essential to preserving the conservation values.
• Tax benefits (State and Federal). These checklists address certain requirements if a conservation easement donor desires tax benefits from the granting of a conservation easement.  Click here to obtain a copy of the federal tax checklist. Click here to obtain a copy of the state income tax credit checklist.