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  • From: bob ford <bobford79 AT yahoo.com>
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Garden pests, four-legged variety
  • Date: Tue, 24 Jun 2008 20:33:24 -0700 (PDT)

Water rights are determined based primarily upon state law. Federal law
applies when Indian Tribes, etc. dispute rights. I've had to pursue
discovery of my water rights in more than a single state. In states where
water is a real issue, there are always attorneys who specialize in that
area. For a small landowner like me, it has always been best to let the
title company and/or a lawyer figure things out. I just stay out of the fray.

Mineral rights are a mess. during the Great Depression, opportunists ,
primarily from big northern cities, would travel through the South and stop
at every farm and buy 50% of their mineral rights for a few dollars. I don't
know why , but usually it was 50%; Maybe that was all state law would allow
at the time. ...bobford


--- On Tue, 6/24/08, Roy Morgan <k1lky AT earthlink.net> wrote:

> From: Roy Morgan <k1lky AT earthlink.net>
> Subject: Re: [Homestead] Garden pests, four-legged variety
> To: homestead AT lists.ibiblio.org
> Date: Tuesday, June 24, 2008, 9:03 PM
> On Jun 24, 2008, at 6:55 PM, Bunjov AT aol.com wrote:
> ...but I need to know whatever I can find
> > out about 'in-stream water rights'. I've
> googled myself silly and
> > yet no
> > clarification.
>
> Sandy,
>
> Celia tells me that the magazine we get about small farms
> and such
> lifestyle is Countryside. Lately, it has had a number of
> articles or
> question/answers or letters from readers about mineral
> rights.
> "Mineral rights" may include water rights. In
> the case that started
> the series of articles, a reader whose mineral rights were
> sold by an
> earlier owner to an oil company tells of "company
> men" who come at
> will onto her property to set off explosive charges in
> search of oil
> or gas. Apparently they act badly in the process.
> Important points I
> remember from the articles are:
>
> - It takes a lawyer or other specialist to know and
> understand "the
> law" regarding mineral rights in *your* area
> - Even if you get and read documents related to the sale
> of mineral
> rights, you may not know what they mean. There are
> "terms of the art"
> in that field that do not mean what you would expect.
> - The mineral rights to your land may have been sold a
> long time ago
> - If so, you *should* have been told of that event when
> you bought
> your place
> - Mineral rights can be un-excercised for decades, and
> then one day
> BOOM, you've got large equipment and/or dynamite
> charges going off in
> your pastures.
> - most oil/mineral companies are big conglomerates now,
> and are
> particularly un-interested in the land owners point of
> view.
> - people and equipment which are the earliest hint of new
>
> prospecting are most likely sub- or sub-sub- contractors of
> the rights
> owner, and are from places very far away. Those folks care
> even less
> about the landowners' point of view.
>
> I sincerely hope none of this applies to you.
>
> Roy Morgan
> k1lky AT earthlink.net
> Lovettsville, VA 20180
>
>
>
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