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S.B. 154
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TRANSFER OF WATER RIGHTS
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REQUIREMENT
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Robert M. Muhlestein
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AN ACT RELATING TO WATER AND IRRIGATION; SPECIFYING REQUIREMENTS AND
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PROCEDURES FOR THE TRANSMITTAL BY COUNTY RECORDERS TO THE STATE
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ENGINEER OF DEEDS AND OTHER CONVEYANCES WHICH REFER TO WATER
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RIGHTS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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73-1-10, as last amended by Chapter 135, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
73-1-10
is amended to read:
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73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recordation
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of deed.
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(1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, a
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diligence claim to the use of surface or underground water, or a water user's claim filed in general
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determination proceedings, shall be transferred by deed in substantially the same manner as is real
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estate.
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(b) The deed must be recorded in the office of the recorder of the county where the point
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of diversion of the water is located and in the county where the water is used.
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(c) (i) A [certified] copy of the deed[,] or other [instrument, transferring the] conveyance
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which contains a reference to a water right number for a water right evidenced by any document
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listed in Subsection
73-1-11
(5) shall be promptly transmitted by the county recorder to the state
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engineer for filing.
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(ii) The state engineer may designate regional offices to receive copies of deeds or other
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conveyances transmitted pursuant to Subsection (1)(c)(i). A county recorder may not be required
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to transmit documents to more than one regional office.
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(d) A recorded deed of a water right shall from the time of its filing in the office of the
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county recorder constitute notice of its contents to all persons.
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(2) The right to the use of water evidenced by shares of stock in a corporation shall be
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transferred in accordance with the procedures applicable to securities set forth in Title 70A,
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Chapter 8, Uniform Commercial Code - Investment Securities.
Legislative Review Note
as of 2-1-99 11:32 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.