73-1-10 - Conveyance of water rights -- Deed -- Exceptions -- Filing and recording of deed -- Report of water right conveyance. - Utah Statutes

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Statutes > Utah > Title-73 > Chapter-01 > 73-1-10

73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recordingof deed -- Report of water right conveyance.
(1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, adiligence claim to the use of surface or underground water, or a water user's claim filed ingeneral determination proceedings, shall be transferred by deed in substantially the same manneras is real estate.
(b) The deed must be recorded in the office of the recorder of the county where the pointof diversion of the water is located and in the county where the water is used.
(c) A recorded deed of a water right shall from the time of its recording in the office ofthe county recorder constitute notice of its contents to all persons.
(d) Beginning July 1, 2011, a deed under Subsection (1)(a) may include a water rightsaddendum as provided in Section 57-3-109.
(2) The right to the use of water evidenced by shares of stock in a corporation shall betransferred in accordance with the procedures applicable to securities set forth in Title 70A,Chapter 8, Uniform Commercial Code - Investment Securities.
(3) (a) To update water right ownership on the records of the state engineer, a water rightowner shall submit a report of water right conveyance to the state engineer.
(b) The report of water right conveyance shall be on forms provided by the stateengineer.
(c) The report shall be prepared by:
(i) or prepared under the direction of and certified by, any of the following personslicensed in Utah:
(A) an attorney;
(B) a professional engineer;
(C) a title insurance producer; or
(D) a professional land surveyor; or
(ii) the water right owner as authorized by rule of the state engineer.
(d) The filing and processing of a report of water right conveyance with the stateengineer is neither an adjudication of water right ownership nor an opinion as to title or validityof the water right.
(e) The state engineer shall adopt rules that specify:
(i) the information required in a report of water right conveyance; and
(ii) the procedures for processing the reports.

Amended by Chapter 70, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-73 > Chapter-01 > 73-1-10

73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recordingof deed -- Report of water right conveyance.
(1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, adiligence claim to the use of surface or underground water, or a water user's claim filed ingeneral determination proceedings, shall be transferred by deed in substantially the same manneras is real estate.
(b) The deed must be recorded in the office of the recorder of the county where the pointof diversion of the water is located and in the county where the water is used.
(c) A recorded deed of a water right shall from the time of its recording in the office ofthe county recorder constitute notice of its contents to all persons.
(d) Beginning July 1, 2011, a deed under Subsection (1)(a) may include a water rightsaddendum as provided in Section 57-3-109.
(2) The right to the use of water evidenced by shares of stock in a corporation shall betransferred in accordance with the procedures applicable to securities set forth in Title 70A,Chapter 8, Uniform Commercial Code - Investment Securities.
(3) (a) To update water right ownership on the records of the state engineer, a water rightowner shall submit a report of water right conveyance to the state engineer.
(b) The report of water right conveyance shall be on forms provided by the stateengineer.
(c) The report shall be prepared by:
(i) or prepared under the direction of and certified by, any of the following personslicensed in Utah:
(A) an attorney;
(B) a professional engineer;
(C) a title insurance producer; or
(D) a professional land surveyor; or
(ii) the water right owner as authorized by rule of the state engineer.
(d) The filing and processing of a report of water right conveyance with the stateengineer is neither an adjudication of water right ownership nor an opinion as to title or validityof the water right.
(e) The state engineer shall adopt rules that specify:
(i) the information required in a report of water right conveyance; and
(ii) the procedures for processing the reports.

Amended by Chapter 70, 2010 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-73 > Chapter-01 > 73-1-10

73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recordingof deed -- Report of water right conveyance.
(1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, adiligence claim to the use of surface or underground water, or a water user's claim filed ingeneral determination proceedings, shall be transferred by deed in substantially the same manneras is real estate.
(b) The deed must be recorded in the office of the recorder of the county where the pointof diversion of the water is located and in the county where the water is used.
(c) A recorded deed of a water right shall from the time of its recording in the office ofthe county recorder constitute notice of its contents to all persons.
(d) Beginning July 1, 2011, a deed under Subsection (1)(a) may include a water rightsaddendum as provided in Section 57-3-109.
(2) The right to the use of water evidenced by shares of stock in a corporation shall betransferred in accordance with the procedures applicable to securities set forth in Title 70A,Chapter 8, Uniform Commercial Code - Investment Securities.
(3) (a) To update water right ownership on the records of the state engineer, a water rightowner shall submit a report of water right conveyance to the state engineer.
(b) The report of water right conveyance shall be on forms provided by the stateengineer.
(c) The report shall be prepared by:
(i) or prepared under the direction of and certified by, any of the following personslicensed in Utah:
(A) an attorney;
(B) a professional engineer;
(C) a title insurance producer; or
(D) a professional land surveyor; or
(ii) the water right owner as authorized by rule of the state engineer.
(d) The filing and processing of a report of water right conveyance with the stateengineer is neither an adjudication of water right ownership nor an opinion as to title or validityof the water right.
(e) The state engineer shall adopt rules that specify:
(i) the information required in a report of water right conveyance; and
(ii) the procedures for processing the reports.

Amended by Chapter 70, 2010 General Session