Utah Code 17B-1-104.5. Groundwater right owner provisions — Vote
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(1) For purposes of this title, an owner of a groundwater right, is on the date of the filing of a groundwater right owner petition or groundwater right owner request, the owner according to:
Terms Used In Utah Code 17B-1-104.5
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Special district: means a limited purpose local government entity, as described in Section
17B-1-103 , that operates under, is subject to, and has the powers described in:(31)(a) this chapter; or(31)(b)(31)(b)(i) this chapter; and(31)(b)(ii)(31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;(31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;(31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;(31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;(31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;(31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;(31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;(31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;(31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;(31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;(31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or(31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) a deed recorded with the county recorder in accordance with Section 73-1-10; or(1)(b) a water right of record filed in the state engineer’s office in accordance with Section 73-1-10.(2) For purposes of each provision of this title that requires the owners of groundwater rights covering a percentage of the total groundwater rights within the proposed special district to sign a request, petition, or protest:(2)(a) a groundwater right may not be included in the calculation of the required percentage unless the request or petition is signed by:(2)(a)(i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that groundwater right; or(2)(a)(ii) if the groundwater right is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that groundwater right;(2)(b) the signature of a person signing a request or petition in a representative capacity on behalf of an owner is invalid unless:(2)(b)(i) the person’s representative capacity and the name of the owner the person represents are indicated on the request or petition with the person’s signature; and(2)(b)(ii) the person provides documentation accompanying the request or petition that reasonably substantiates the person’s representative capacity; and(2)(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a request or petition on behalf of the estate of a deceased owner.(3) For an election by groundwater right owners described in this title, each owner of a groundwater right is entitled to cast one vote.