Download Zipped Enrolled WP 8.0 SB0154.ZIP 5,969 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 154 Enrolled
AN ACT RELATING TO WATER AND IRRIGATION; SPECIFYING REQUIREMENTS AND
PROCEDURES FOR THE TRANSMITTAL BY COUNTY RECORDERS TO THE STATE
ENGINEER OF DEEDS AND OTHER CONVEYANCES WHICH REFER TO WATER
RIGHTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
73-1-10, as last amended by Chapter 135, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 73-1-10 is amended to read:
73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recordation
of deed.
(1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, a
diligence claim to the use of surface or underground water, or a water user's claim filed in general
determination proceedings, shall be transferred by deed in substantially the same manner as is real
estate.
(b) The deed must be recorded in the office of the recorder of the county where the point
of diversion of the water is located and in the county where the water is used.
(c) (i) A [
which contains a reference to a water right number for a water right evidenced by any document
listed in Subsection 73-1-11 (5) shall be promptly transmitted by the county recorder to the state
engineer for filing.
(ii) The state engineer may designate regional offices to receive copies of deeds or other
conveyances transmitted pursuant to Subsection (1)(c)(i). A county recorder may not be required
to transmit documents to more than one regional office.
(d) A recorded deed of a water right shall from the time of its filing in the office of the
county recorder constitute notice of its contents to all persons.
(2) The right to the use of water evidenced by shares of stock in a corporation shall be
transferred in accordance with the procedures applicable to securities set forth in Title 70A, Chapter
8, Uniform Commercial Code - Investment Securities.
[Bill Documents][Bills Directory]