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H.B. 39
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7 LONG TITLE
8 Committee Note:
9 The Natural Resources, Agriculture, and Environment Interim Committee
10 recommended this bill.
11 General Description:
12 This bill addresses water rights applications.
13 Highlighted Provisions:
14 This bill:
15 . eliminates a provision referring to forfeiture of a water right application;
16 . changes a reference concerning exceptions to application-based priority dates for
17 water rights; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 73-3-18, as last amended by Laws of Utah 1959, Chapter 137
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 73-3-18 is amended to read:
29 73-3-18. Lapse of application -- Notice -- Reinstatement -- Priorities --
30 Assignment of application -- Filing and recording -- Constructive notice -- Effect of
31 failure to record.
32 (1) When an application lapses for failure of the applicant to comply with [
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34 notice of [
35 mail.
36 (2) Within 60 days after [
37 engineer may, upon a showing of reasonable cause, reinstate the application with the date of
38 priority changed to the date of reinstatement.
39 (3) The original priority date of a lapsed [
40 reinstated, except upon a showing of fraud or mistake of the state engineer.
41 (4) The priority of an application shall be determined by the date of receiving the
42 written application in the state engineer's office, except as provided in Section [
43 73-3-12 and as [
44 (5) Before issuance of a certificate of appropriation, rights claimed under applications
45 for the appropriation of water may be transferred or assigned by instruments in writing. [
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47 (6) An instrument transferring or assigning a right described in Subsection (5), when
48 acknowledged or proved and certified in the manner provided by law for the
49 [
50 the office of the state engineer and shall from time of filing [
51 notice to all persons of the contents thereof.
52 (7) Every assignment of an application [
53 [
54 faith and for valuable consideration of the same application or any portion thereof where [
55 the subsequent assignee's own assignment [
Legislative Review Note
as of 11-17-10 12:35 PM