73-1-11 - Appurtenant water rights pass to grantee of land -- Exceptions -- Conveyance of a portion of irrigated land -- Appurtenant water rights -- Evidence -- Where appurtenant -- Partial conveyance
73-1-11. Appurtenant water rights pass to grantee of land -- Exceptions --Conveyance of a portion of irrigated land -- Appurtenant water rights -- Evidence -- Whereappurtenant -- Partial conveyances of water and land.
(1) A water right appurtenant to land shall pass to the grantee of the land unless thegrantor:
(a) specifically reserves the water right or any part of the water right in the landconveyance document;
(b) conveys a part of the water right in the land conveyance document; or
(c) conveys the water right in a separate conveyance document prior to orcontemporaneously with the execution of the land conveyance document.
(2) (a) If the water right has been exercised in irrigating different parcels of land atdifferent times, it shall pass to the grantee of a parcel of land on which the water right wasexercised next preceding the time the land conveyance was executed.
(b) Subsection (2)(a) applies only to land conveyances executed before May 4, 1998.
(3) In any conveyance, the grantee assumes the obligation for any unpaid assessment.
(4) The right to the use of water evidenced by shares of stock in a corporation shall notbe deemed appurtenant to land.
(5) (a) This Subsection (5) governs land conveyances executed on or after May 4, 1998,and has no retrospective operation.
(b) For purposes of land conveyances only, a water right evidenced by any of thefollowing documents is appurtenant to land:
(i) a decree entered by a court;
(ii) a certificate issued under Section 73-3-17;
(iii) a diligence claim for surface or underground water filed pursuant to Section 73-5-13;
(iv) a water user's claim executed for general determination of water rights proceedingsconducted pursuant to Title 73, Chapter 4, Determination of Water Rights, or pursuant to Section73-3-16;
(v) an approval for an application to appropriate water issued under Section 73-3-10;
(vi) an approval for an application to permanently change the place of use of water issuedunder Section 73-3-10; or
(vii) an approval for an application to exchange water issued under Section 73-3-20.
(c) For purposes of land conveyances only, the land to which a water right is appurtenantis the authorized place of use of water as described in the:
(i) decree;
(ii) certificate;
(iii) diligence claim;
(iv) water user's claim;
(v) approved application to appropriate water;
(vi) approved application to permanently change the place of use of water; or
(vii) approved exchange application.
(d) If a grantor conveys part of the water right in a land conveyance document pursuantto Subsection (1)(b), the portion of the water right not conveyed is presumed to be reserved bythe grantor.
(e) If the land conveyed constitutes only a portion of the authorized place of use for thewater right, the amount of the appurtenant water right that passes to the grantee shall be
proportionate to the conveyed portion of the authorized place of use.
(6) Beginning July 1, 2011, a deed conveying fee simple title to land may include a waterrights addendum as provided in Section 57-3-109.
Amended by Chapter 70, 2010 General Session