Utah Code » Title 73, Chapter 1 — General Provisions
Utah Code

Utah Code § 73-1-10 (2026)

Conveyance of water rights -- Deed -- Exceptions -- Filing and recording of deed -- Report of water right conveyance

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
A water right, whether evidenced by a decree, a certificate of appropriation, a diligence claim to the use of surface or underground water, or a water user's claim filed in general determination proceedings, shall be transferred by deed in substantially the same manner as is real estate.
The deed must be recorded in the office of the recorder of the county where the point of diversion of the water is located and in the county where the water is used.
A recorded deed of a water right shall from the time of its recording in the office of the county recorder constitute notice of its contents to all persons.
Beginning July 1, 2011, a deed under Subsection (1)(a) may include a water rights addendum as provided in Section 57-3-109.
The state engineer shall consider a water rights addendum that is recorded and forwarded to the state engineer by a county recorder, in accordance with Section 57-3-109, as a submitted report of water right conveyance under Subsection (3).
The right to the use of water evidenced by shares of stock in a corporation shall be transferred in accordance with the procedures applicable to securities set forth in Title 70A, Chapter 8, Uniform Commercial Code - Investment Securities.
To update water right ownership on the records of the state engineer, a water right owner shall submit a report of water right conveyance to the state engineer.
The report of water right conveyance shall be on forms provided by the state engineer.
The report shall be prepared by:
or prepared under the direction of and certified by, any of the following persons licensed in Utah:
an attorney;
a professional engineer;
a title insurance producer; or
a professional land surveyor; or
the water right owner as authorized by rule of the state engineer.
The filing and processing of a report of water right conveyance with the state engineer is neither an adjudication of water right ownership nor an opinion as to title or validity of the water right.
The state engineer shall adopt rules that specify:
the information required in a report of water right conveyance; and
the procedures for processing the reports.
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1954–2024 · leading case: Haik v. Sandy City, 2011 UT 26 (Utah 2011).
Sort: Relevance Newest Treatment
Haik v. Sandy City, 2011 UT 26 (Utah 2011). · cites it 4× “Utah Code section 73-1-10 pro- *179 vides that "[a] water right .”
Cornish Town v. Koller, 758 P.2d 919 (Utah 1988). · cites it 4× “Utah Code Ann. § 73-1-10 (1980) provides that water rights shall be transferred by deed in substantially the same manner as real estate, with an exception which is not relevant here.”
Brimm v. Cache Valley Banking Co., 269 P.2d 859 (Utah 1954). · cites it 8× “The 1943 amendment to section 73-1-10 made water rights represented by shares of stock in a corporation presumably not appurtenant and hence such a water right, even though not expressly reserved in the deed, would not pass to the grantee in the absence of clear and convincing…”
East Jordan Irrigation Co. v. Morgan, 860 P.2d 310 (Utah 1993). · cites it 4× “Utah Code Ann. § 73-1-10 (1989). [10] Utah Code Ann.”
Little v. Greene & Weed Inv., 839 P.2d 791 (Utah 1992). · cites it 4× “Section 73-1-10 provides for the conveyance of vested water rights: Water rights, whether evidenced by de-.”
Abbott v. Christensen, 660 P.2d 254 (Utah 1983). · cites it 3× “However, the real estate contract Abbott prepared and the parties signed on December 21, 1974, to give effect to that part of their division did not make specific mention of these shares of stock. Consequently, Abbott argued when he first raised this contention in 1977 that the…”
Assocs. Fin. Servs. Co. of Utah v. Sevy, 776 P.2d 650 (Utah Ct. App. 1989). · cites it 4× “The trial court based its decision that the Sevys had superior priority on a line of cases interpreting Utah Code Ann. § 73-1-10 (1980), which states that water rights “represented by shares of stock in a corporation.”
Hatch v. Adams, 318 P.2d 633 (Utah 1957). · cites it 4× “However, the fact that the court struck that evidence from the record is a holding that such evidence should not be considered in determining the issue of whether such water was appurtenant to the land.”
Little v. Greene & Weed Investments, 796 P.2d 718 (Utah Ct. App. 1990). · cites it 2× “He also relies on Utah Code Ann. § 73-1-10 (1989), which states that final water rights may be transferred by deed in substantially the same manner as real estate, and upon Utah Code Ann.”
Roundy v. Coombs, 668 P.2d 550 (Utah 1983). · cites it 2× “, 1953, § 73-1-10 provides in pertinent part that water rights: [S]hall be transferred by deed in substantially the same manner as real estate, except when they are represented by shares of stock in a corporation, in which case water shall not be deemed to be appurtenant to the…”
Zundel v. Ramsdell, 2024 UT App 88 (Utah Ct. App. 2024). · cites it 2× “105, § 1, 1943 Utah Laws 154 , 154–55 (codified at Utah Code § 73-1-10 (1953)). Our supreme court, in Brimm v.”
— Utah Code § 73-1-10(1)(a) — 1 case
Haik v. Sandy City, 2011 UT 26 (Utah 2011). “Utah Code section 73-1-10 pro- *179 vides that "[a] water right .”
— Utah Code § 73-1-10(1)(b) — 1 case
Haik v. Sandy City, 2011 UT 26 (Utah 2011). “Utah Code section 73-1-10 pro- *179 vides that "[a] water right .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.