7 LONG TITLE
8 General Description:
9 This bill modifies provisions in regard to assigning water rights by a written instrument.
10 Highlighted Provisions:
11 This bill:
12 ▸ states that a right claimed under an application for the appropriation of water may
13 be assigned including by a form provided by the state engineer's office;
14 ▸ provides that, beginning July 1, 2017, the state engineer shall consider an
15 assignment that is recorded and forwarded to the state engineer as a submitted
16 report of water right conveyance; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 73-3-18, as last amended by Laws of Utah 2014, Chapter 369
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 73-3-18 is amended to read:
28 73-3-18. Lapse of application -- Notice -- Reinstatement -- Priorities --
29 Assignment of application -- Filing and recording -- Constructive notice -- Effect of
30 failure to record.
31 (1) If an application lapses for failure of the applicant to comply with a provision of
32 this title or an order of the state engineer, the state engineer shall promptly give notice of the
33 lapse to the applicant by regular mail.
34 (2) Within 60 days after notice of a lapse described in Subsection (1), the state engineer
35 may, upon a showing of reasonable cause, reinstate the application with the date of priority
36 changed to the date of reinstatement.
37 (3) The original priority date of a lapsed application may not be reinstated, except upon
38 a showing of fraud or mistake of the state engineer.
39 (4) Except as provided in Section 73-3-5.6, Section 73-3-12, Section 73-3-20, or
40 Subsection (2), the priority of an application is determined by the day on which the state
41 engineer's office receives the written application.
42 (5) Before the state engineer issues a certificate of appropriation, a right claimed under
43 an application for the appropriation of water may be [
44 instrument, including by use of a form provided by the state engineer's office.
45 (6) (a) An instrument [
46 shall be recorded in the office of the applicable county recorder to provide notice of the
47 instrument's contents.
48 (b) Beginning July 1, 2017, the state engineer shall consider an assignment using the
49 state engineer's form described in Subsection (5) that is recorded and forwarded to the state
50 engineer as a submitted report of water right conveyance for purposes of fulfilling Subsection
52 (7) An instrument described in Subsection [
53 Subsection (6) is void against any subsequent assignee in good faith and for valuable
54 consideration of the same application or any portion of the same application, if the subsequent
55 assignee's own assignment is recorded as described in Subsection (6) first.