Should your property transfer include a water agreement?
Property transfers involving a water transfer or water agreement can add an extra layer of complexity to the process. We understand how water-related issues impact our local farmers, businesses and residents and want to reduce any unnecessary stress by walking you through each step.
What is a water transfer?
Transferring a water supply to another person or business requires a water transfer or licence. Water transfer entitlements may be temporary or permanent, and there are different approaches to handling these agreements.
Previously, water was included with property transfers in Victoria. Recent changes have meant water can be transferred in a separate agreement, known as "unbundling", bringing the practice into line with New South Wales laws.
When completing a property transfer involving a water licence, infrastructure and fees remain associated with the property. These are just some of the aspects to consider, and we understand the nuances of water law and can help you navigate the process.
What type of water entitlement do you need?
There are three entitlements of traditional water rights:
Water share is where you are entitled to an allocated share of water, with a maximum allocation of mega litres (ML) per year. For example, you may receive the right to a share of a dam that catches water from a larger water source like the Goulburn-Murray River. Another aspect to consider is how reliable the water source is.
Delivery share entitles you to water supplied to your property through a channel or piped network. Delivery share provides the security of having your allocated ML of water, delivered at a guaranteed rate, for irrigation use on your property. The onus is on the water corporation to maintain the delivery of water.
Water-use registration allows the use of water for purposes apart from irrigation, including stock and domestic or some industrial uses. Like the other entitlements, a water use licence will include a maximum volume of water you can access in twelve months.
Different types of water transfers and agreements
We know that water transfers and agreements can impact the livelihoods of our local residents and farmers, and recommend getting professional help to ensure you have the right advice. We can assist you with the following agreements:
- Water Transfers
- Trade Water Allocation
- Consolidation of Water Shares
- Divide and Transfer a Water Share
- Divide a Water Share
- Transfer of Water Licence