65A-12-3 - Water rights to be appurtenant to land -- Lien for purchase price -- Foreclosure and redemption.
65A-12-3. Water rights to be appurtenant to land -- Lien for purchase price --Foreclosure and redemption.
(1) (a) The water rights to all lands acquired under this chapter shall attach to and becomeappurtenant to the land as soon as the title passes from the United States to the state.
(b) Any person furnishing water for any tract of land so acquired shall have a first andprior lien on those water rights and land upon which the water is used for all deferred paymentsfor such water rights.
(c) The lien is to be in all respects prior to any and all other liens created or attempted tobe created by the owner and possessor of the land.
(d) The lien shall remain in force and effect until the last deferred payment for the waterrights is fully paid and settled according to the terms of the contract under which such waterrights were acquired.
(2) (a) The contract for the water rights upon which the lien is founded shall be recordedin the office of the county recorder of the county where the land is situated.
(b) Upon default of any deferred payments secured by any lien under this chapter, theperson holding the lien may foreclose the lien according to the terms and conditions of thecontract granting and selling to the settler the water rights.
(c) Foreclosure shall be in the manner in which mortgages are foreclosed in this state.
(d) The settler shall have the right, within one year from the date of foreclosure asprovided in this section, to redeem the land and water rights, by payment of the sum of deferredpayment with interest at not to exceed 12% per annum, with accrued cost of maintenance.
Renumbered and Amended by Chapter 294, 1994 General Session