57-3-109 - Water rights addenda.
57-3-109. Water rights addenda.
(1) As used in this section:
(a) "Applicable deed" means a deed executed on or after July 1, 2011:
(i) conveying fee simple title to land; or
(ii) conveying title to water rights without conveying title to land.
(b) "Water rights addendum" means a written document that:
(i) is an addendum to an applicable deed;
(ii) is in a form approved by the Legislature in a joint resolution; and
(iii) (A) identifies and describes the water rights transferred under an applicable deed; or
(B) states that no water rights are transferred under an applicable deed.
(2) Beginning July 1, 2011, a person submitting an applicable deed to a county recorder'soffice for recording may also submit a water rights addendum as an addendum to the applicabledeed.
(3) (a) A grantor shall complete and sign a water rights addendum submitted underSubsection (2).
(b) (i) A grantee shall sign a water rights addendum to acknowledge receipt of a copy ofthe water rights addendum.
(ii) A grantee's signature on a water rights addendum may be by facsimile or electronicmeans.
(4) The state engineer shall use and make available to the public the water rightsaddendum form approved by the Legislature.
(5) Upon recording an applicable deed with a water rights addendum, a county recordershall transmit a paper or electronic copy of the deed and water rights addendum to the stateengineer.
Enacted by Chapter 70, 2010 General Session