One of the more complicated aspects of rural Cache County real estate transactions is involved with water. Utah has some interesting laws in regards to water, who owns it, who can use it, and how it affects boundaries.
Water rights stay with the property. Water is real property. Wells, for example, have a stock water number with the state’s division of water.
Water Shares, are personal property,that can be transferred anywhere within a given water irrigation district. Water shares need to be specified with a bill of sale, with a specific certificate that explains who has rights to those shares.
Riparian rights –Ownership extends along the initial the banks of a river. If the banks of the river change (due to natural forces), then ownership changes. If the river is too small to be navigable, then the property boundary extends to the middle of the river.
Littoral Rights –Rights of ownership have to do with properties adjacent to bodies of water with historic high and low tide levels. With littoral rights you own up to the historic high water mark.
In a common Utah Real Estate transaction the seller is required to provide any evidence of water rights and shares as specified in the real estate purchase contract.
For any specific questions or for more information about water rights in Utah, visit the Division of Water Rights website.
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