Utah Code 73-3-18. Lapse of application — Notice — Reinstatement — Priorities — Assignment of application — Filing and recording — Constructive notice — Effect of failure to record
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(1) If an application lapses for failure of the applicant to comply with a provision of this title or an order of the state engineer, the state engineer shall promptly give notice of the lapse to the applicant by regular mail, or send notice electronically if receipt is verifiable.
Terms Used In Utah Code 73-3-18
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Fraud: Intentional deception resulting in injury to another.
- 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
(2) Within 60 days after notice of a lapse described in Subsection (1), the state engineer may, upon a showing of reasonable cause, reinstate the application with the date of priority changed to the date of reinstatement.
(3) The original priority date of a lapsed application may not be reinstated, except upon a showing of fraud or mistake of the state engineer.
(4) Except as provided in Section 73-3-5.6, Section 73-3-12, Section 73-3-20, or Subsection (2), the priority of an application is determined by the day on which the state engineer’s office receives the written application.
(5) Before the state engineer issues a certificate of appropriation, a right claimed under an application for the appropriation of water may be assigned by a written instrument, including by use of a form provided by the state engineer’s office.
(6)
(6)(a) An instrument assigning a right described in Subsection (5) shall be recorded in the office of the applicable county recorder to provide notice of the instrument’s contents.
(6)(b) Beginning July 1, 2017, the state engineer shall consider an assignment using the state engineer’s form described in Subsection (5) that is recorded and forwarded to the state engineer as a submitted report of water right conveyance for purposes of fulfilling Subsection 73-1-10(3)(a).
(7) An instrument described in Subsection (5) that is not recorded as described in Subsection (6) is void against any subsequent assignee in good faith and for valuable consideration of the same application or any portion of the same application, if the subsequent assignee’s own assignment is recorded as described in Subsection (6) first.