H.B. 394

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 29, 2008 at 9:09 AM by ddonat. --> 1

REAL PROPERTY PURCHASE -
2 NOTIFICATION OF WATER RIGHTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ben C. Ferry
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill requires a certain notification to be provided if H. [ a ] an approved or
10a perfected .H water right is included in a
11 sale of real property.
12 Highlighted Provisions:
13 This bill:
14 . requires a notice to be provided to a purchaser of real property if H. [ a ] an approved
14a or perfected .H water right is
15 included with the real property; and
16 . requires the Division of Water Rights to create a form on which a required notice
17 concerning H. [ a ] an approved or perfected .H water right included with the sale of real
17a property may be made.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 57-1-46, Utah Code Annotated 1953
25 73-2-29, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 57-1-46 is enacted to read:
29 57-1-46. Notice required for sale of real property that includes a water right.
30 If the sale of real property includes H. [ a ] an approved or perfected .H water right, the
30a seller shall provide the buyer with:
31 (1) notice that H. [ a ] an approved or perfected .H water right is included; and
32 (2) a completed notice form created under Section 73-2-29 .
33 Section 2. Section 73-2-29 is enacted to read:
34 73-2-29. Creation of notice form to be included with the sale of a water right with
35 other real property.
36 (1) The division shall, by rule, create a form on which a person may make the notice
37 required by Section 57-1-46 concerning the sale of real property that includes H. [ a ] an approved
37a or perfected .H water right.
38 (2) The form created under Subsection (1) shall include information concerning:
39 (a) identification of the H. approved or perfected .H water right;
40 (b) the possibility for forfeiture of H. [ a ] an approved or perfected .H water right if
40a other provisions of law are not
41 satisfied;
42 (c) how to contact the division for further information or assistance; and
43 (d) any other information the division considers advisable to include.




Legislative Review Note
as of 2-11-08 1:49 PM

Office of Legislative Research and General Counsel