Processing Well Ownership Changes on Public Land

1. The permittee/lessee files Arizona Department of Water Resources (ADWR) Form 55-71A (Request to Change Well Information,) then receives notice from ADWR stating that ownership changes cannot be processed on lands managed by the BLM, which then usually leads to the permittee/lessee or their representative making contact with the BLM
2. The permittee/lessee contacts BLM AZ prior to filing ADWR Form 55-71A to discuss their intent to change ownership of wells on public land.  Regardless of how BLM AZ receives notice of the intent to change ownership, a similar process is used to determine if BLM AZ will support the change.

1. Range Management Specialists will search the Grazing Case Files, Range Improvement Project Files, and Range Improvement Project System to determine if a Range Improvement Permit (aka Section 4 Permit) or a Cooperative Rangeland Improvement Agreement is in place at the location of the well and further determine if the permit/agreement specifically mentions use of water from the well.  It is imperative to note if the files mention installation, use, and maintenance for wells especially any cost sharing between the BLM and permittee/lessee.  If the well was previously authorized by the BLM, a Rangeland Improvement File would have been created containing copies of all documents, including pertinent papers such as cooperative agreements or historical records of the project.  The file would also include such information as the location analysis, environmental analysis, design rationale, condition surveys, technical inspection and appraisal reports, as-built drawings, and maintenance records.  In addition, the file would contain the inspector’s log and well log from contract files (H-4010-1).  Specific instructions for establishing and maintaining project files are found in H-1740-1.
2. The State Office or Field Office hydrologists will search ADWR’s Wells 55 files to assess available information for each well.
3. Field Office personnel will coordinate with their hydrologist (for the Gila District contact the Safford or Tucson hydrologist and for the rest of BLM AZ contact the State Office hydrologist) to assess if BLM AZ should give permission to change ownership for wells.
4. Wells with sufficient information or authorized under a Range Improvement Permit (Section 4 Permit) will be assessed by BLM AZ for permission to allow a change in ownership.  Wells authorized under a Cooperative Rangeland Improvement Agreement with the BLM cost sharing will be registered with ADWR listing BLM as the owner. Wells not authorized by Permit or Agreement will be assessed using all available information (e.g. original well driller log, original well driller invoice, permittee documentation, etc.) to determine if permission to change ownership is appropriate.

B.   Documenting BLM’s Permission to Change Ownership

       One of two reporting mechanisms will be used to convey to ADWR that the BLM is giving permission to change ownership of a well(s) on public land.

1. Form 55-73 (Landowner Authorization to Register a Well of Record in a Third Party’s Name) may be used, but each well must have an individual Form 55-73 completed and attached to the appropriate permittee filled-out Form 55-71A.  This option makes sense for single or just a few well changes.
2. Official letter stating that BLM AZ is giving permission to change ownership on a group of wells, listing each well by ADWR’s Well Registration Number, with signature by Field Manager, District Manager, or Deputy State Director (Resource, Planning and Fire).  The letter will be included with the packet of permittee filled-out Forms 55-71A sent to ADWR; subsequently ADWR will attach the letter to each well file.  This option makes sense for changes to a group of wells.
3. Update or create a Range Improvement File, if no file can be located, as per guidelines and procedures in BLM manual and handbook guidance.  See H-4010-1 Rangeland Management Records, H-1740-1 Renewable Resource Improvements and Treatment Guidelines and Procedures, and H-1740-2 Water Developments.  Place a copy of the aforementioned Official BLM letter and Forms 55-73 in the Range Improvement Project Files.